Abbreviated form of inquiry - what is it? Features of inquiry in abbreviated form

Inquiry: general procedure (short form)

The legislation provides a number of conditions for the implementation of the design in question. First of all, the rules establish that an inquiry in an abbreviated form is carried out only in those cases that are under the jurisdiction of the relevant official. In this case, criminal prosecution must be initiated against a specific subject. Another essential condition is that the suspect must admit guilt in full, agreeing with the factual and legal assessment of his act, including the size and nature of the damage caused. An inquiry in an abbreviated form is possible only at his request and with the consent of the victim. Moreover, the latter may appear during the investigation within three days from the moment the case was initiated.

Abbreviated inquiry as one of the forms of preliminary investigation

 Effective protection of participants in criminal proceedings must be ensured at any stage, especially at the pre-trial stage. In the Russian Federation, such proceedings are carried out through a preliminary investigation, inquiry and, since 2013, an inquiry in an abbreviated form.

Federal Law of the Russian Federation dated March 4, 2013 No. 23-FZ introduced Chapter 32.1 “Inquiry in an abbreviated form,” which can only be applied if there are factual and legal grounds.

According to Part 2 of Art. 226.1 of the Code of Criminal Procedure of the Russian Federation, an inquiry in an abbreviated form is carried out on the basis of a petition from the suspect and the consent of the victim, subject to the following conditions:

1) a criminal case has been initiated against a specific person on the grounds of one or more crimes specified in paragraph 1 of Part 3 of Art. 150 Code of Criminal Procedure of the Russian Federation;

2) the suspect admits his guilt, the nature and extent of the harm caused by the crime, and also does not challenge the legal assessment of the act given in the decision to initiate a criminal case;

3) there are no circumstances excluding the conduct of an inquiry in an abbreviated form, provided for in Part 1 of Art. 226.2 of the Code of Criminal Procedure of the Russian Federation. [1].

This form of investigation was the result of a comprehensive reform of the preliminary investigation bodies, aimed at ensuring the protection of the rights and legitimate interests of individuals and organizations who have suffered from crimes, compliance with the principle of reasonableness of time and timeliness of compensation to the victim for damage caused by a socially dangerous act [1, p.36]

The main purpose of introducing an abbreviated form of inquiry is to save time and money when investigating simple cases. The reduction of these costs is achieved by expanding the range of investigative actions, which can be carried out before the initiation of a criminal case and, as a result, there is no need to perform a large number of investigative actions of a duplicative nature during the investigation.

The main features of the abbreviated inquiry are as follows [1]:

1. An abbreviated inquiry can be carried out only for crimes related to the investigator’s jurisdiction and in a criminal case initiated against a specific person (clause 1, part 2, article 226.1 of the Code of Criminal Procedure of the Russian Federation);
2. The suspect must fully admit his guilt and agree with the legal and factual assessment of the act, including the amount and nature of the harm (clause 2, part 2, article 226.1 of the Code of Criminal Procedure of the Russian Federation);
3. To conduct an inquiry in an abbreviated form, a petition from the suspect and the consent of the victim is necessary (clause 6, part 1, article 226.2, article 226.3 of the Code of Criminal Procedure of the Russian Federation);
4. An abbreviated inquiry cannot be carried out if the suspect is a minor, there are grounds for applying a special procedure in accordance with Chapter 52 of the Code of Criminal Procedure of the Russian Federation, as well as proceedings for the application of compulsory measures of a medical nature, etc. (clauses 1–5 of Part 1 of Article 226.2 of the Code of Criminal Procedure of the Russian Federation );
5. The accused and his defense attorney must be familiarized with the indictment, and within the time limit of the shortened inquiry (Part 4 of Article 226.7 of the Code of Criminal Procedure of the Russian Federation);
6. At the end of the shortened inquiry, an indictment is drawn up (Part 2 of Article 226.7 of the Code of Criminal Procedure of the Russian Federation);
7. An abbreviated inquiry entails the trial of a criminal case in a special manner.

Simplification of the inquiry is achieved mainly due to: firstly, reducing the subject of proof, secondly, refusing to additionally verify the information contained in the preliminary inspection materials, thirdly, the investigator’s right not to check evidence that has not been disputed by the suspect, victim and their representatives .

The essential features of an inquiry in an abbreviated form can be grouped as follows:

Firstly, an inquiry in an abbreviated form is carried out only for certain crimes of minor and medium gravity, directly listed in paragraph 1 of Part 3 of Art. 150 Code of Criminal Procedure of the Russian Federation. Moreover, this list is exhaustive and is not subject to broad interpretation.

Secondly, this form of inquiry does not apply to minors, persons subject to compulsory medical measures, special subjects listed in Art. 447 of the Code of Criminal Procedure of the Russian Federation, persons who do not speak the language of criminal proceedings.

Thirdly, an abbreviated inquiry is associated with a number of situational factors indicating a reduced complexity of the criminal cases under investigation compared to an inquiry in the general procedure. Such factors include the positive post-criminal behavior of the suspect, who admits his guilt, the nature and extent of the harm caused by the crime, and also does not challenge the legal assessment of the act given in the decision to initiate a criminal case.

However, all the originality of the inquiry in an abbreviated form is not exhausted solely by these signs. A rather powerful potential charge in the essence of this form contains dispositive principles. It is they who oblige to take into account both the position of the suspect and the victim when choosing the specified form. The latter should not object to conducting an inquiry in an abbreviated form (Clause 6, Part 1, Article 226.2 of the Code of Criminal Procedure of the Russian Federation) by analogy with the special procedure for trial if the accused agrees with the charge, provided for in Chapter 40 of the Code of Criminal Procedure of the Russian Federation.

However, in this case the legislator goes much further. It is with the will of the parties that he associates the possibility of further continuing the investigation and consideration of the criminal case in a simplified form. The fact is that the suspect, accused victim and his representative are given the right to file a petition to terminate the inquiry in an abbreviated form and to continue the inquiry in a general manner at any time before the court retires to the deliberation room to pronounce a verdict [2, p.147].

In other words, they have the right to change their position to the opposite one at any time during the proceedings. And since such a petition must be satisfied by the person in charge of the criminal case, it turns out that the parties do not necessarily have to substantiate their petition in any convincing way before the investigator, prosecutor or court. The consequence of granting such a request will be the application of the provisions of Part 2 of Art. 226.2 of the Code of Criminal Procedure of the Russian Federation by analogy.

That is, the investigator to whom the said petition is received will have to make a decision on conducting an inquiry in the general manner, the prosecutor - a decision on sending the criminal case to the investigator for conducting an inquiry in the general procedure, and the court - a decision on returning the criminal case to the prosecutor for transferring it according to jurisdiction and conducting an inquiry in the general manner.

Throughout the entire investigation, the investigator is simply forced to be concerned not only with its quality, timing and results, but also with the stability of the psychological state of its participants. And in the absence of appropriate special psychological knowledge, this process turns into either fortune-telling or ingratiation with the participants in the investigation, neither of which can be considered acceptable when carrying out public, official activities of a government representative [3, p.194].

As a counter-argument, they may point out to us that the participants have the opportunity to change their position regarding the form of proceedings in the case not only during an abbreviated inquiry. During a trial conducted in a special order, the defendant may not confirm the petition stated at the end of the preliminary investigation, and in this case the judge must proceed to consider the criminal case in a general manner. (Part 6 of Article 316 of the Code of Criminal Procedure of the Russian Federation). Art. 317.7 of the Code of Criminal Procedure of the Russian Federation extends this rule to the procedure for holding a court hearing in relation to a defendant with whom a pre-trial cooperation agreement has been concluded. According to the meaning of Part 5 of Art. 325 of the Code of Criminal Procedure of the Russian Federation, the accused may, at the preliminary hearing, refuse a previously submitted request to have his case considered by a jury. The defendant's subsequent refusal to have his case examined by a jury shall not be accepted.

With regard to the abbreviated inquiry, the legislator went much further. The decision of the victim or his representative, as well as the accused (defendant) not only predetermines the choice of procedural form in the future, but can also lead to the return of the criminal case to an earlier stage of legal proceedings. This negates the efforts not only of the investigator, who systematized the results of the preliminary investigation and drew up the final procedural document, but also of the prosecutor, who familiarized himself with the criminal case and approved the indictment, as well as in some cases, the judge, who carried out all the necessary actions to prepare the criminal case for trial and proceeded for his consideration.

As a result, not only time is irretrievably lost, but also budgetary funds necessary for re-executing the entire scope of actions associated with completing the preliminary investigation and sending the criminal case to court. And all this without clarifying the objectively justified prerequisites that determined the adoption of this decision by the participants in the process [4, p.18].

The only and inviolable criterion that meets simplified proceedings is that an inquiry in an abbreviated form must be conducted in obvious cases, subject to a number of conditions: a criminal case has been initiated against a specific person who admits his guilt, the nature and extent of the harm caused by the crime, and does not challenge the legal assessment of the act given in the decision to initiate a criminal case, and agrees with the conduct of criminal proceedings in an abbreviated form. At the same time, cases involving “vulnerable categories of persons”: minors, mentally ill people, persons with immunity, etc., are not investigated in a simplified manner.

Literature:

1. Criminal Procedure Code of the Russian Federation: federal. law: [adopted by the State. Duma 22 Nov. 2001: edition dated July 29, 2017]. IPS "Consultant Plus".
2. Vasilenko L. A., Naumenko O. A. Inquiry in an abbreviated form and its effectiveness in pre-trial proceedings // Society and Law. 2013. No. 2 (44). — 361 p.
3. Gorkina E.V., Pokhlebaev I.V. The Institute of Abbreviated Inquiry is a new form of simplified proceedings in Russian criminal proceedings // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2013. No. 4. - 357 p.
4. Dikarev I. S. Inquiry in an abbreviated form: the legislator’s intention and practical result // Inquiry in an abbreviated form: issues of legislative regulation and problems of law enforcement. // Criminal law. 2015. No. 3. - 721 p.
5. Zaytsev O. D., Abdullaev F. K. Procedural position of the investigator under the Code of Criminal Procedure of the Russian Federation // Legality. 2012. No. 12. pp. 16–18.

Responsibilities and rights of participants

The parties to the abbreviated inquiry have all the legal possibilities provided for its implementation according to the general rules. The same is true with responsibilities. The period of inquiry in a shortened form is 15 days. If necessary, it can be extended by 5 days. At the same time, in accordance with the requirements of the law, the indictment must be issued no later than 10 days from the date of the decision to carry out the inquiry in an abbreviated form. The regulations do not provide for any restrictions on the use of coercive measures against a suspect. The accused and his representative (defender) must be familiar with the decision and the materials of the case.

The essence of the procedure

The abbreviated form of inquiry of the Criminal Procedure Code of the Russian Federation is considered as a simplified process of establishing the circumstances of the crime and collecting materials. The essence of the procedure is to reduce the very subject of proof. In addition, repeated identification of information that contains preliminary verification materials is excluded. The investigator has the right not to check evidence that has not been challenged by the suspect, the victim or their representatives. At the end of the process, the official issues an indictment. Together with the case materials, after approval by the head of the department, it is sent to the prosecutor.

Pre-investigation materials

The question of the evidentiary status of the information contained in the materials of verification of the crime report remains unclear. In most criminal cases, evidence is collected after the initiation of a criminal case through investigative actions. That is, there is a duplication of essentially the same actions, avoiding which was one of the tasks of the authors of the abbreviated form of inquiry. Obviously, the problem is not so much in the imperfection of the abbreviated form of inquiry, but in the uncertain status of the information that the investigator or inquiry officer receives during the check in accordance with Art. 144 Code of Criminal Procedure of the Russian Federation. However, the legislative trend to equalize the methods of collecting evidentiary information before and after the initiation of a criminal case has not been implemented.

Exceptions

In what cases is the abbreviated form of inquiry not used? The Code of Criminal Procedure does not allow a simplified procedure when:

1. The suspect is a minor.
2. Availability of grounds for application of the provisions of Chapter. 52 Code.
3. Implementation of compulsory medical measures.

If these circumstances are identified, the implementation of this investigation option may be terminated at any time until the judges are removed to the deliberation room. Similar consequences are provided if the victim, suspect/accused expresses a desire to terminate the investigation in a simplified form.

Unlimited jurisdiction

As mentioned above, the abbreviated form of inquiry is used in cases under the jurisdiction of the relevant official. The previously in force Code established a closed list of crimes for which its use was permitted. Currently, the abbreviated form is applied to all cases under investigation by the investigator. The number of acts committed, their repetition do not influence the choice of the law enforcement officer of the simplified procedure. It is worth saying that the original draft of the law assumed that the abbreviated form of inquiry would be used in the investigation of all crimes of medium and minor gravity. However, this provision caused a negative reaction from the Legal Department under the State Duma. Its representatives indicated that for a number of acts the simplified procedure was unacceptable.

Special procedure for considering a criminal case in court

The judge must make sure that the evidence collected is sufficient to confirm the citizen's involvement in the crime. If he has doubts, he will not be able to pronounce a guilty verdict even if the defendant pleads guilty.

The special procedure significantly speeds up the judicial process. However, it also has disadvantages that it is important for the accused to know about before making a decision .

Since there is no judicial investigation, the judge does not evaluate the available evidence. However, the law requires compliance with the general rules for imposing a fair punishment. Therefore, at the initiative of the parties, the evidence is still examined.

The leading role in the process is assigned to the magistrate or district court. Among the disadvantages of trial in a special order, the following can be highlighted: 3. At the request of the defense, the judge has the right to attach duly executed documents containing additional information about the identity of the defendant, including the presence of dependents, to the criminal case and take into account when determining the penalty, as well as other data that can be taken into account as circumstances mitigating the punishment. Full text of Art.

226.9 of the Code of Criminal Procedure of the Russian Federation with comments. New current edition with additions for 2022. Legal advice on Article 226.9 of the Code of Criminal Procedure of the Russian Federation. 2. Punishment for recidivism and a special procedure for considering a criminal case? The verdict is made on the basis of the study and assessment of only the evidence specified in the indictment, as well as additional data about the identity of the defendant, presented in the manner established by part three of this article.1.

In a criminal case, the investigation of which was carried out in an abbreviated form, judicial proceedings are carried out in the manner established by Articles 316 and 317 of this Code, with the exceptions provided for by this article.

Suspect's consent

The shortened form of inquiry is used if a number of conditions are met. One of them is the consent of the suspect with the factual and legal assessment of his act. This presupposes his admission of guilt. This point is considered positive by many experts. This is due to the following. If the suspect agrees to a simplified procedure, the legislator guarantees him a benefit. It is expressed in establishing 1/2 of the maximum prescribed punishment. This suggests that the abbreviated form of inquiry has the characteristics of a contractual institution. However, in this case there is a possibility of abuse by the prosecution. In this regard, experts point out the advisability of establishing an additional rule. In particular, it assumes that an abbreviated form of inquiry is permitted when the official has sufficient materials to give reason to suspect a particular citizen. Such a provision would direct employees to collect other evidence, and not just to obtain a confession from the subject.

Article 226

Individual entrepreneurs on UTII and PSN have postponed the mandatory use of online cash register until July 1, 2022. But not everyone: see table. The cost of the patent and UTII can be reduced by the amount of the online cash register purchase.

But there is a limitation - no more than 18,000 rubles will be returned for one cash register.

The provisions of part six of Article 316 of this Code do not apply when considering criminal cases in which the inquiry was carried out in an abbreviated form.

At the request of the defense, the judge has the right to attach to the criminal case and take into account, when determining the penalty, properly executed documents containing additional information about the identity of the defendant, including whether he has dependents, as well as other data that can be taken into account as circumstances, mitigating punishment. UTII calculation program Online UTII tax calculator: Calculation of UTII declaration indicators based on basic profitability and coefficients for FREE. Addresses of tax inspectorates of the Federal Tax Service of Moscow, St. Petersburg and other cities of Russia (tax.ru). Place of registration of individual entrepreneurs and registration of LLC in Moscow at No. 46 tax office

at the address: 125373, Moscow, Pokhodny proezd, possession 3, building 1, 5th floor tel: +7 (495) 400-32-78
in St. Petersburg at 15 tax office
: 197376, St. Petersburg, st. Krasnogo Tekstilshchik, 10-12, letter “O” (entrance from Sinopskaya embankment) tel

Examples of incorrect determination of the true will and position of the victim on the issue of the possibility of applying a special procedure.

Categories of cases subject to special trial procedure are criminal cases involving crimes for which the maximum penalty does not exceed 10 years in prison. Moreover, we are talking about 10 years as a sanction of the corresponding article of the special part of the Criminal Code of the Russian Federation without taking into account possible punishment using the provisions of the general part of the Criminal Code on circumstances mitigating the punishment, on the imposition of punishment for an unfinished crime.

The specificity of criminal cases considered in a special judicial procedure presupposes the existence of special conditions under which such a special procedure can be used. Let's look at these conditions one by one. A number of errors are made by the courts when assigning punishment based on the results of considering a case in a special manner. As a rule, these are typical errors that are also typical when imposing punishment in cases considered in the general order: this is an incorrect calculation of the terms of the punishment, the amount of the punishment, incorrect addition of the punishment, incorrect application of the rules on circumstances mitigating or aggravating the punishment, etc. Analysis materials of criminal cases leads us to the conclusion that, as a rule, these circumstances are not examined by the court, or are not investigated to the proper extent.

Courts rarely analyze the circumstances of the case in their verdicts in terms of the degree of threat to personal safety in connection with the conclusion of a pre-trial cooperation agreement. The verdicts practically do not reveal the concept of the degree of threat to personal safety to which the accused, his close associates and relatives are exposed; at best, the court only indicates a threat to personal safety, or the lack thereof.

Read other articles on the site:

• Grounds, conditions and procedure for termination of criminal proceedings and prosecution
• Prosecutor's supervision over the implementation of laws when initiating a criminal case
• Necessary defense against an already completed socially dangerous attack
• Rules of administrative supervision and responsibility for their violation
• The procedure for appealing the prosecutor's decision to terminate a criminal case

Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!

Consent of the victim

The law attaches decisive importance to the position of the injured party when deciding whether to conduct an inquiry in an abbreviated form. According to a number of experts, this is an erroneous point of view that reduces the effectiveness of the procedure under consideration. Researchers point out the need for the participation of all entities in the conciliation process, including the government body carrying out the prosecution and the defense party. From the analysis of Art. 226.2, part 1, clause 6 and art. 226.3 part 3 of the Code of Criminal Procedure, which makes the decision on conducting an inquiry in an abbreviated form dependent on the discretion of the victim, we can conclude that a private person thus imposes his will on the rest of the participants. As a result, this entity has a direct influence on the way the business is conducted.

FEATURES OF ASSIGNING PUNISHMENT WHEN CONSIDERING A CRIMINAL CASE IN A SPECIAL PROCEDURE

It is impossible to agree with these proposals. As V.V. Doroshkov correctly noted, “such... an unprofessional superficial approach of proceduralists to resolving issues that lie in the plane of substantive criminal law, for such a complex legal institution, which is criminal punishment, absolutely ignores the provisions provided for in Art. 43 of the Criminal Code of the Russian Federation aims to punish each person found guilty of committing a crime.

An analysis of judicial practice leads to the conclusion that when imposing punishment, the provisions of Art.

64 of the Criminal Code of the Russian Federation on imposing a more lenient punishment than provided for this crime. Often, convicts are completely released from serving their sentence.

Key words: imposition of punishment, special procedure for trial, pre-trial agreement on cooperation, inquiry in an abbreviated form, circumstances mitigating punishment, circumstances aggravating punishment. While pointing out mitigating circumstances in the verdict, the court does not always correctly assign the punishment. Information on the results of generalization of judicial practice on issues of consideration by courts of criminal cases, the investigation of which was carried out in accordance with Chapter 32.1 of the Code of Criminal Procedure of the Russian Federation in an abbreviated form of inquiry for 2013 - 1st half of 2014 of the Supreme Court of the Republic of Mari El // Website of the Supreme Court of the Republic of Mari El.

URL: http: //files.sudrf.ru/2655/information/doc20141021-153009.doc (access date: 09/04/2015).

Suspect's capabilities

The question remains debatable regarding the scheme for the transition to a shortened form of conducting an inquiry. The law sets strict time limits for sending suspects a relevant petition. According to Art. 226.4 part 2, he has the right to submit an application no later than two days from the day on which this right was explained to him. The latter is carried out before the start of the first interrogation. However, this limitation remains unclear. According to lawyers, it is advisable to extend the time frame for the entire inquiry process. Meanwhile, by the time the procedure is completed, filing such a petition loses its meaning. However, experts believe that more flexible time limits should be provided.

Features of the stage of initiating a criminal case during an inquiry in an abbreviated form

a person who has committed two or more crimes that are not specified in clause 1, part 3, article 150 of the Code of Criminal Procedure;

the suspect himself admitted his guilt, assessed the damage (harm) he caused and does not object to the legal assessment of the act he committed, which is indicated in the decision to initiate a criminal case;

the suspect himself filed a petition to have the case processed according to the new form established by Ch. 32.1 of the Code of Criminal Procedure; 3) may not order an additional forensic examination, unless it is necessary; 4) terminates the criminal case due to the presence of grounds provided for in Articles 24;25;27; 28 and 28.1 of the Code of Criminal Procedure (Part 1 of Article 226.8 of the Code of Criminal Procedure).

Period

As stated above, the period of inquiry under a simplified procedure is 15 days, and the maximum is 20. The law provides for only a one-time extension of the period. The calculation of the period is carried out not from the moment of initiation of the case, but from the date of the decision on the transition to a simplified form of inquiry. When analyzing the norms of the Code, however, it becomes clear that the actual period for implementing the procedure is less than the established one. This is due to the requirement to issue an indictment no later than 10 days. from the moment of approval of the decision to carry out the inquiry in an abbreviated manner. This document is final and summarizes all relevant information on the case. The resolution is drawn up after all investigative actions have been completed. As a result, only 2 days can be added, during which the suspect must express either consent or disagreement to conduct an inquiry in a simplified form. In this case, the duration will be 12, not 15 days.

Criminal legal errors when considering a case in a special order

If a case of a person committing several crimes is considered in a special judicial procedure, then first the punishment is imposed for each of them according to the rules of Part 7 of Art. 316 Code of Criminal Procedure of the Russian Federation. For the totality of crimes, the rules for imposing punishment are applied, provided for in Part 2 or Part 3 of Art. 69 of the Criminal Code of the Russian Federation.

First, the court imposes a punishment according to the rules of Art. Art. 64, 66, 68, 69 and 70 of the Criminal Code of the Russian Federation, then this period (amount) of punishment is reduced in connection with the consideration of the case in a special order, and after that the punishment is determined taking into account the provisions of the General Part of the Criminal Code of the Russian Federation.

The Perm Regional Court reduced the punishment imposed by the court in a special order F. for a set of crimes, since the court, having imposed a punishment for each crime, taking into account the provisions of Part 5 of Art.

62 of the Criminal Code of the Russian Federation, did not take into account these requirements of the law when imposing punishment according to the rules for the accumulation of crimes provided for in Part 3 and Part 5 of Art. 69 of the Criminal Code of the Russian Federation, and incorrectly calculated the final punishment (appeal ruling dated June 16, 2015 No. 22-3578) 6 .

The Board of Appeal for Criminal Cases of the Smolensk Regional Court changed the sentence passed in a special manner in relation to K., convicted under Part 2 of Art.

264 of the Criminal Code of the Russian Federation to 2 years 6 months of imprisonment with deprivation of the right to drive a vehicle for a period of 2 years. Reason: incorrect calculation of the sentence, which exceeded 2/3 of the maximum term of imprisonment 4 .

Consideration of a criminal case in a special manner entails the impossibility of assigning to the defendant a punishment exceeding 2/3 of the maximum term or the amount of the most severe type of punishment provided for the commission of this crime. The main mistakes that courts make when imposing punishment in a special manner are not fundamentally different from the mistakes made when imposing punishment in a general manner.

Completing the procedure

The end of the inquiry in a simplified manner is regulated in Art. 226.7 Code of Criminal Procedure. It should be said that the legislator included the process of familiarization with materials during the period of the procedure under consideration. Thus, the general procedure for carrying out the investigation was chosen. According to experts, this provision is not consistent with the idea of ​​a simplified procedure, especially since the process must be completed by the time the materials are provided. In accordance with Art. 226.7 part 5, if it is impossible to complete the familiarization of the victim, his representative, the suspect and his defense attorney within the time period specified in part 4 of this article, the inquiry continues in the general manner. This provision requires 3 days, during which the parties to the process are provided with the case materials. Considering that this period is included in the shortened inquiry period, its actual duration may be 9, and not 12 days, as was previously revealed.

Mistakes made by courts when considering cases in special procedures

In some regions, there is a practice according to which, if a petition is submitted by the accused at the time of familiarization with the materials of the criminal case, the investigator who familiarizes the victim with the materials of the case takes away his written consent to consider the criminal case in a special manner. Such a mechanism greatly facilitates the work of the court, which, having received a criminal case, already has the opinion of the victim and can assign the criminal case for consideration in a special manner.

Obviously, a special procedure is a kind of social compromise, a kind of compromise procedure, which, nevertheless, presupposes the possibility and necessity of mitigating the punishment for a crime committed in comparison with the one assigned based on the results of consideration of cases in the general procedure. Illegal change in the qualification of a crime committed in a special procedure entails the reversal of the sentence.

During a judicial investigation carried out when considering a criminal case in a special manner, the criminal case may be terminated if there are grounds for this, in particular, if the statute of limitations for criminal prosecution has expired, if there is an amnesty act, if the victim is reconciled with the defendant.

A special procedure and the possibility of the public prosecutor withdrawing charges at this stage of the case cannot be ruled out, which may also lead to the termination of the criminal case. - The topic of our lecture today is special expedited procedures for the trial of criminal cases. One of the courts of the Republic of Bashkortostan made a decision in a special manner in the case of M. in the presence of two indictments. The criminal case was returned to the prosecutor: when comparing the indictment submitted by the convicted person, approved on December 17, with the later indictment in the case, the judicial panel found that the sheets of the case containing the evidence presented were significantly different. In connection with this, the appellate court returned the criminal case to the prosecutor.

Existing contradictions

The essence of the simplified procedure is to reduce the number of procedural actions, including investigative ones. The process of proof during an abbreviated inquiry is devoted to Art. 226.5. This norm first of all establishes the reduction of its subject. In particular, it should be limited to establishing the event, the guilt of the subject, the size and nature of the damage caused. Part 2 of the above article provides for the obligation of an official to perform only those procedural actions, the failure of which may lead to irreparable loss of traces of a crime or other essential information. According to some experts, the presence of this provision makes no sense. This is explained by the fact that, according to Art. 226.3 part 2, the victim, suspect or their representatives may refuse to carry out the simplified procedure at any time before the judges retire to the deliberation room.

The subject of proof will be protected in case the investigation proceeds according to the general rules. Within the framework of the simplified procedure, an official may not carry out procedural and investigative actions, as a result of which factual circumstances are established, data about which are present in the materials of the preliminary verification of the statement of crime, if they meet the requirements for evidence. Separately, the right is provided not to order an examination if a specialist’s research has been carried out, and also not to interrogate citizens from whom explanations were taken. The presence of these reservations is unclear, since according to Part 1.2 of Art. 144 establishes that information obtained during the verification of reports of a crime can be used as evidence if the provisions of Articles 75 and 89 of the Code are met.

All about criminal cases

as to what extent of recognition is necessary can be understood from paragraph 5

Plenum No. 60 (it belongs to a different type of special order, but for understanding it can also be used for trial with a concluded pre-trial agreement).

- it is impossible to deny the described methods, motives, consequences of the crime.

- at the same time, a general assessment of the validity of the accusation is still made ( Part 2 226.9 of the Code of Criminal Procedure

), this norm establishes a framework of common sense to exclude a situation in which all proof of guilt will be based on the defendant’s agreement with the prosecution. - Regarding punishment in the case of a pre-trial agreement, this is manifested as follows: for the defendant who agreed with the accusation, there is a formal reward, and there is an actual one. - under a special procedure, the culprit admits and the extent of the damage, the subsequent civil claim will be as easy as possible to prove (the plaintiff will not need to prove practically anything).