Accelerated Pre-Trial Proceedings in the Russian Criminal Process: Formation of Optimal Models

Abstract

Introduction. In modern conditions of optimisation of criminal proceedings and improvement of its efficiency, it is very important to analyse various models of accelerated pre-trial proceedings in criminal cases of minor and moderate crimes. Theoretical Basis. Methods. The object of the study is the criminal procedural legal relations that arise, change and terminate in connection with the use of accelerated procedural models in the course of pre-trial proceedings in criminal cases. The methodological basis of the research is the general dialectical method of scientific cognition, which made it possible to study the subject of research in relation to other legal phenomena, as well as general scientific methods of cognition (analysis, synthesis, induction, deduction, analogy, modeling) and private scientific methods of cognition (formal legal, historical-legal, comparative-legal, and concrete-sociological. Results. The author came to the conclusion that the accelerated criminal procedure procedures, depending on the totality of their procedural elements, can be conditionally divided into general, conciliatory (compromise) and protocol procedures. The criteria for differentiating models of accelerated pre-trial proceedings are criminal law, criminal procedure, organisational and criminological. The structure of the criminal law criterion consists of the category and severity of the crime committed. The content of the criminal procedure criterion is the discretionary powers of authorised officials to carry out an investigation in a particular accelerated pre-trial procedure, the will of the participants in the criminal process, and the reduction of the proof process. This latter point may include and in different ways combine, elements to narrow the subject of proof, reduce the duty of proof, correct the stage of verification of evidence and limit the means of proof. Organisational differentiation criterion determines, first, the corresponding accelerated pre-trial opportunity for establishment of circumstances, (subject to proof), and secondly, the benefits of these industries to focus on the investigation of more complex and socially dangerous crimes. The criminological criterion of differentiation is characterised by the characteristics of the personality of the person subject to criminal prosecution and the victim and determines the possibility of applying a particular accelerated pre-trial procedure, taking into account these properties. Accelerated forms of pre-trial proceedings are basically based on various methods of speeding up the process of criminal trial. These methods can be conditionally defined as general and special. The general method of speeding up pre-trial proceedings is characterised by a reduction in the duration of the investigation, as well as the removal of certain investigative and procedural actions from the procedure of procedural regulation. The special method involves speeding up pre-trial proceedings in order to reduce the process of proof, which includes narrowing of the subject of proof, reducing the duty of proof, correcting the stage of verification of evidence and limiting the means of proof. Discussion and Conclusion. The effective organisation of Russian accelerated pre-trial proceedings can be ensured through the implementation of three procedural models: Firstly, inquiry in the general order; Secondly, inquiry in the abbreviated form, (which is based on the positive post-criminal behavior of the person who committed the crime); Thirdly, protocol pre-trial proceedings, which is used in cases of minor crimes committed in conditions of evidence.