Some Issues of Terminating a Criminal Case

This publication continues the experience of covering the work of the Scientific and Meth­odological Council under the Prosecutor of the Omsk Region, among the main tasks of which remains the development and discussion, together with representatives of legal science, of sound recommenda­tions on problematic issues of prosecutorial supervision, legislation and law enforcement practice, legal advisory opinions on issues arising in prosecutorial practice. In this regard, the article proposes to dis­cuss certain topical problems of law enforcement practice raised at one of the last meetings of the Scien­tific and Methodological Council under the Prosecutor of the Omsk Region. Thus, based on a systematic analysis of errors in the implementation of the institution of a judicial fine, it is proposed to provide prosecutors with systematic supervision over compliance with the requirements of the law when it is ap­plied, which requires a more thorough study of criminal cases, as well as a proper initiative to establish the circumstances associated with the application of a judicial fine, and timely challenging unfounded court decisions. In addition, the practice of law enforcement highlights the fundamental problem of a unified interpretation of the grounds for terminating a criminal case (criminal prosecution) against a person who has committed an act prohibited by criminal law in a state of insanity. Based on the analy­sis of legal situations and various approaches to their resolution, the article argues for the need to make a decision on the studied criminal cases on the grounds of paragraph 4 of part 1 of Art. 24 of the Criminal Procedure Code of the Russian Federation in connection with the death of a person involved in criminal proceedings. In other similar situations, but related to the criminal prosecution of these persons, the deci­sion must be made taking into account the specific circumstances of the criminal case.

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2. Sukhoverkhova E. V., Endoltseva Yu. V. Termination of Criminal Prosecution (Criminal Case) Against Those Who Have Committed Criminal Offense Prohibited in the State of Insanity, and Those Who, After Committing a Crime Becomes Insane, Making It Impossible to Sentencing or Execution. Vestnik of Moscow University of the Ministry of Internal Affairs of Russia. 2013;7:94-101. (In Russ.).

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