Russian Federation
UDC 343.133
The article is devoted to the analysis of the accusation as the motive force for the criminal process in Russia. Speaking of its purpose most scientists who researched or touched on the problem of the accusation define it as a motive force, engine of the Russian criminal proceedings. Based on their points of view the author makes an attempt to clarify the real purpose of the accusation in this article. As a result of his examination, he concludes that being one of the system-forming categories of the criminal process, the accusation does not act as a motive force in it. It isn't the force to develop the criminal proceedings, at least, its largest part, to run (trigger off) the process and to be the basis of pre-trial and court proceedings itself. To support this conclusion the author demonstrates an argument that, in fact, when making a final decision in the criminal case, neither court of the first instance, nor the higher courts are tied by the position of the state prosecutor to refuse the accusation. As well as the refusal itself is not mandatory for the court. This argument is discussable and not coordinated with Part 7 of Art. 245 of the Code of Criminal Procedure of the Russian Federation, that may indicate the necessity to revise the established views on this phenomenon.
accusation, motive force, prosecutor, refusal of the accusation, criminal process
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