Chabukiani O.A., Makarova E.N. —
Surrender: forms of fixation and rules of use in the process of investigation and consideration of a criminal case
// Legal Studies. – 2024. – ¹ 12.
– P. 1 - 12.
DOI: 10.25136/2409-7136.2024.12.72584
URL: https://en.e-notabene.ru/lr/article_72584.html
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Abstract: The object of the study is the doctrinal understanding of surrender, the procedural relations that arise between a person reporting the fact of a crime committed by him or in complicity with him, a defender and an employee of the criminal prosecution authority upon receipt of a reason to initiate a criminal case or testimony of a suspect, judicial practice of recognizing surrender as evidence in a criminal case. The purpose of the study is to identify trends in law enforcement practice and consider the possibility of using a confession as evidence in a criminal case. The research methods of the study: the method of analysis (when studying reviews of the courts of appeal and cassation regarding the recognition of the absence of a defender upon receipt of a confession as inadmissible evidence in a criminal case); the method of generalization (when drawing conclusions about the forms of fixing the fact that a person who applied to law enforcement agencies committed a crime). Turning himself in is one of the controversial points in terms of guarantees of participation in such a report of a crime by a lawyer. The revealed forms and methods of bringing the fact of a socially dangerous act committed by a person does not allow to guarantee in all cases the timeliness of inviting a defender (for example, the perpetrator of an accident reporting the fact of hitting a pedestrian with subsequent appearance in the criminal prosecution authorities). Taking into account the diversity of such appeals, as well as respecting constitutional rights, we suggest that in all cases informing law enforcement agencies and appearing before criminal prosecution authorities be considered a mitigating circumstance, regardless of whether the subsequent confession will be recognized as inadmissible evidence in a criminal case.
Chabukiani O.A., Zaitseva E.V. —
The activities of the investigator, the inquirer to ensure compensation for property damage to the victim
// Police and Investigative Activity. – 2024. – ¹ 4.
– P. 41 - 54.
DOI: 10.25136/2409-7810.2024.4.72742
URL: https://en.e-notabene.ru/pm/article_72742.html
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Abstract: The object of this study is social relations arising during pre-trial proceedings to ensure the realization of the victim's right to compensation for harm caused by a socially dangerous act.
The subject of the study is the norms of criminal procedure law, which determine the procedure for compensation for harm to the victim, materials of investigative practice, statistical data regarding the scope of realization of victims' rights to compensation and compensation for harm caused by a crime.
The relevance of the topic is determined by the importance and significance of the actions of the investigator, the inquirer in terms of establishing property that can be seized in the event that the suspect or accused does not want to compensate for the damage caused by criminal actions, as well as the importance of ensuring the possibility of compensation for damage in order to achieve one of the purposes of criminal proceedings. At the moment, there is a need to improve measures aimed at stimulating positive post-criminal behavior and the possibility of compensation for damage caused within a reasonable period of criminal proceedings.
The main conclusions of the study are: 1) the activities of an investigator, inquirer in terms of ensuring guarantees of compensation for harm caused by a crime should be based on a set of measures aimed at clarifying the rights of participants, including the possibility of using alternatives to punishment; 2) it is advisable to provide for the procedure for concluding an agreement on compensation for harm caused by a crime, allowing installments or postponement of appropriate payments to the victim; 3) expand the list of other measures of criminal procedural coercion by adding a list of pledged property as a guarantee of the possibility of restoring or compensating the rights of the victim.