Preview

Legal Bulletin of the Kuban State University

Advanced search

Recognition by the suspects of his guilty as one of the conditions for conducting an investigation in a short form

https://doi.org/10.31429/20785836-16-2-104-109

Abstract

The article analyzes one of the conditions for carrying out an inquiry in an abbreviated form – the suspect’s recognition of his guilt. It is concluded that this condition is mandatory. Despite its ambiguous assessments in the legal literature and unfavorable forecasts regarding possible methods of obtaining it, it is justified that an admission of guilt plays a special role in resolving the issue of conducting an inquiry in an abbreviated form.

The purpose of the study is to develop theoretical principles and solve applied problems regarding the suspect’s recognition of his guilt as one of the conditions for conducting an inquiry in an abbreviated form. 

The setting of this goal determined the solution of the following tasks: to determine the nature of the suspect’s recognition of his guilt when conducting an inquiry in an abbreviated form; establish the role of the suspect admitting his guilt when conducting an inquiry in an abbreviated form; based on the studied opinions in the science of criminal proceedings, formulate the author’s vision for the suspect’s recognition of his guilt as a condition for carrying out an inquiry in an abbreviated form; identify and critically comprehend the problematic aspects of law enforcement practice when a suspect admits his guilt when conducting an inquiry in an abbreviated form.

The conclusions formulated in the article are focused on the further development of proposals of a theoretical and applied nature regarding the admission of guilt as one of the conditions for carrying out an inquiry in an abbreviated form.

About the Author

O. V. Michurina
FGКOU VO "Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V.Ya. Kikot"
Russian Federation

Oxana V. Michurina, Dr. of Sci. (Law), Professor, Professor of the Department of Criminal Procedure

Academician Volgin str., 12, Moscow, Russia, 117997

Tel.: +7 (495) 336-54-44

AuthorID: 386247



References

1. Aleksandrov A.S., Lapatnikov M.V. [Abbreviated inquiry: novelties of the Code of Criminal Procedure of the Russian Federation and the difficulties of their application]. Ugolovnyy protsess = Criminal process. 2013;4(100):12–19. (In Russ.)]

2. Bezrukov S.S. [Conducting an inquiry in an abbreviated form and the principles of the criminal process]. Problemy predvaritel'nogo sledstviya i doznaniya. Sbornik nauchnykh trudov po materialam mezhvedomstvennogo kruglogo stola = Problems of preliminary investigation and inquiry. Collection of scientific papers based on materials from the interdepartmental round table. M.: AllRussian Research Institute of the Ministry of Internal Affairs of Russia; 2013. (In Russ.)]

3. Grigoriev D.A. [Accelerated form of pre-trial proceedings in a criminal case and human rights]. Mirovoy sud'ya = World judge. 2011;(6):10–12. (In Russ.)]

4. Dikarev I.S. [Inquiry in an abbreviated form: the legislator's intention and practical result]. Doznaniye v sokrashchennoy forme: voprosy zakonodatel'noy reglamentatsii i problemy pravoprimeneniya. Sbornik statey pod obshch. red. I.S. Dikareva = Inquiry in an abbreviated form: issues of legislative regulation and problems of law enforcement. Digest of articles under general ed. I.S. Dikarev. Volgograd: VolSU Publishing House; 2013. (In Russ.)]

5. Dolya E.A. [Peculiarities of proof during an inquiry in an abbreviated form]. Rossiiskii sud'ya = Russian judge. 2013;(6):43–46. (In Russ.)]

6. Zakotyansky A.S. [Analysis of the practice of inquiry in an abbreviated form (based on materials from the Samara region)]. Vestnik Nizhegorodskoy pravovoy akademii = Bulletin of the Nizhny Novgorod Law Academy. 2015;(5):38–41. (In Russ.)]

7. Ismagilov R.A. [Some problems of conducting an inquiry in an abbreviated form]. Trudy Orenburgskogo instituta (filiala) Moskovskoy gosudarstvennoy yuridicheskoy akademii = Proceedings of the Orenburg Institute (branch) of the Moscow State Law Academy. 2019;(38):152–156. (In Russ.)]

8. Kussmaul R. [Exclude the testimony of the accused from the evidence]. Rossiyskaya yustitsiya = Russian justice. 2001;(7):52–53. (In Russ.)]

9. Muravyov K.V. [Inquiry in an abbreviated form: commentary on Chapter 32.1 of the Code of Criminal Procedure of the Russian Federation]. Zakonodatel'stvo i praktika = Legislation and practice. 2013;1(30):15–19. (In Russ.)]

10. Nikolaeva T.A., Letelkin N.V., Tsareva Yu.V. [Peculiarities of criminal prosecution in simplified proceedings]. Voprosy rossiyskogo i mezhdunarodnogo prava = Issues of Russian and international law. 2019;(12A):206–213. DOI: 10.34670/AR.2020.92.12.021. (In Russ.)]

11. Sementsov V.A. [Suspicion in domestic criminal proceedings: history and modernity]. Yuridicheskiy vestnik Kubanskogo gosudarstvennogo universiteta = Legal Bulletin of Kuban State University. 2023;(1):101– 108. DOI: 10.31429/20785836-15-1-101-108. (In Russ.)]

12. Strogovich M.S. [The right of the accused to defense and the presumption of innocence] / Ed. V.M. Savitsky. M.: Science; 1984. (In Russ.)]

13. Sumin A.A. [Abridged inquiry: the stillborn child of criminal process reformers]. Advokat = Advocate. 2013;(10):5–8. (In Russ.)]


Review

For citations:


Michurina O.V. Recognition by the suspects of his guilty as one of the conditions for conducting an investigation in a short form. Legal Bulletin of the Kuban State University. 2024;(2):104-109. (In Russ.) https://doi.org/10.31429/20785836-16-2-104-109

Views: 93


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2078-5836 (Print)
ISSN 2782-5841 (Online)