employee
Russian Federation
The author of the article analyzes paragraphs 2 and 5 of Part 1 of Article 237 of the Criminal Procedure Code of the Russian Federation containing the grounds to return a criminal case to the prosecutor considering the optimality of the established procedure to eliminate violations of the rights of the accused and the compliance of these grounds with the requirement of reasonableness of the time limits of criminal proceedings. The author concludes that it is inevitable to sacrifice the fundamental requirement to observe reasonable time limits in behalf of ensuring the correct application of the law and a fair resolution of the criminal case on merit which is what the institution of returning the criminal case to the prosecutor is intended to. Taking into account the interpretation of the norms of this legal institution in the systemic unity with a number of provisions of the Criminal Procedure Code of the Russian Federation concerning issues of jurisdiction, proceedings in a jury trial, a special procedure for criminal proceedings and the legal positions of the Plenum of the Supreme Court of the Russian Federation to be expressed in a number of its resolutions, the author proves the necessity to eliminate these points from Article 237 of the Criminal Procedure Code of the Russian Federation. The author proposes an alternative system for restoring the violated rights of the accused during the preliminary hearing as well as formulates the corresponding innovations and proposals to correct a number of resolutions of the Plenum of the Supreme Court of the Russian Federation devoted to the discussed issue.
returning a criminal case to the prosecutor, reasonable time limits for proceedings, preliminary hearing, restoring the rights of the accused, delivering the copies of indictments, choosing a judicial procedure, choosing the membership of the court
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