提起刑事诉讼行为的意义:发生了什么变化?

V. Lazareva
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引用次数: 0

摘要

该条审议了提起刑事案件的紧迫问题,近年来,对刑事案件的规定发生了重大变化,这实际上使开始初步调查的理由是否存在的核查进入了初步阶段,这一阶段是通过程序手段和方法进行的,其结果已获得可采证据的所有迹象。这种情况需要认真思考,因为它既不符合对刑事程序的一般理解,也不符合经典理论所假定的关于证据及其收集方式的观念。刑事诉讼程序的变化不仅影响整个审前程序,而且影响整个刑事诉讼程序的基本原则。这项研究的结果证实,在决定提起刑事诉讼之前,调查和调查机构的活动今天具有刑事诉讼的所有迹象;从这一陈述中得出结论,其中主要是需要修订若干理论假设,显然还有刑事诉讼立法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Significance of the act of initiation of criminal proceedings: what has changed?
The article considers the urgent problems of initiating a criminal case, the regulation of which has undergone significant changes in recent years, which in fact turned the verification of the existence of grounds for the start of the preliminary investigation into its initial stage, which is carried out by procedural means and methods, in connection with which its results have acquired all the signs of admissible evidence. This circumstance requires serious reflection, since it is incompatible either with the general understanding of criminal procedure or with the ideas postulated by classical theory about both evidence and the ways in which they are collected. Changes in the procedure of initiating a criminal case affect not only the entire pre-trial proceedings, but also the essential principles of the criminal process as a whole. As a result of the study, it is substantiated that the activities of the investigation and inquiry bodies, preceding the decision to initiate criminal proceedings, today have all the signs of criminal procedure; the conclusions arising from this statement are formulated, the main of which is the need to revise a number of theoretical postulates and, obviously, criminal procedure legislation.
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