2021•Academic Law JournalOpen access

Development of the Institution of Returning the Criminal Case by the Court to the Prosecutor

I. M. Kopylov

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Abstract

The article is devoted to the development of the institution of returning a criminal case by the court to the prosecutor in order to eliminate obstacles to its consideration in a court session. It is noted that due to the introduction of new forms of criminal proceedings in the Criminal Procedure Code, the grounds for return have also changed. Expanding the grounds for returning a criminal case to the prosecutor is due to the need for additional guarantees to protect the rights of participants in criminal proceedings. It is proposed to use the positive historical experience to reduce the time to correct the errors of the criminal case. According to the author, this work should be carried out in parallel with the division of the grounds for the return of the criminal case by the court, depending on their signifi cance.

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What this paper is about

The article is devoted to the development of the institution of returning a criminal case by the court to the prosecutor in order to eliminate obstacles to its consideration in a court session. It is noted that due to the introduction of new forms of criminal proceedings in the Criminal Procedure Code, the grounds for return have also changed. Expanding the grounds for returning a criminal case to the prosecutor is due to the need for additional guarantees to protect the rights of participants in criminal proceedings. It is proposed to use the positive historical experience to reduce the time to correct the errors of the criminal case. According to the author, this work should be carried out in parallel with the division of the grounds for the return of the criminal case by the court, depending on their signifi cance.

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Available abstract

The article is devoted to the development of the institution of returning a criminal case by the court to the prosecutor in order to eliminate obstacles to its consideration in a court session. It is noted that due to the introduction of new forms of criminal proceedings in the Criminal Procedure Code, the grounds for return have also changed. Expanding the grounds for returning a criminal case to the prosecutor is due to the need for additional guarantees to protect the rights of participants in criminal proceedings. It is proposed to use the positive historical experience to reduce the time to correct the errors of the criminal case. According to the author, this work should be carried out in parallel with the division of the grounds for the return of the criminal case by the court, depending on their signifi cance.

Key concepts: Criminal court, Institution, Law, Criminal procedure, Political science, Criminal case, Order (exchange), Criminal code

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