论初审法院刑事举证过程中的公诉策略问题

E. Bryanskaya, O. Pashutina
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引用次数: 0

摘要

的相关性。检察官在初审法庭上参与举证过程,在许多方面可以确保刑事案件审议的客观性,填补法庭初步调查的空白。存在的执法不足、刑事诉讼法的不完善等问题,在与课题相关的研究部分,需要进一步认识公诉策略在举证过程中存在的问题,提出提高检察官工作效率的建议。目的:在研究成果的基础上,制定具有理论和实践意义的科学规定,以完善我国刑事诉讼法及其适用的实践。目的:揭示第一审法院刑事案件举证过程中检察官参与的内容,提出完善刑事诉讼法和检察官诉讼活动的措施,部分内容与研究课题相关。方法。本研究的方法论基础是关于认识周围现实的一般科学辩证方法的规定。作者运用了分析、综合、归纳、演绎等一般科学方法,以及形式-逻辑、形式-法律的认知方法、观察法和问卷调查法。结果。参加庭审的国家检察官不仅仅是当事人之一,而是代表国家行事,这就要求他严格遵守现代立法者的要求,具备在“纠纷”中制定策略的能力。该战略应基于对刑事案件材料的深刻了解,以这种协调一致的方式提出证据,使法院能够合理地说服控方的立场。结论。维持法庭上的公诉是检察官办公室的活动领域之一,这不仅从确保准确、统一地适用法律的角度来看是重要的,而且从实现刑事诉讼目标的角度来看也是重要的。它要求检察官表现出高度的专业精神,并要求立法者采取进一步行动,为执行这种活动创造适当的基础。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
On the Issue of the Strategy of Public Prosecution in the Process of Proving a Criminal Case in the Court of First Instance
Relevance. The participation of the prosecutor in the process of proving in the court of first instance, in many respects, makes it possible to ensure the objectivity of the consideration of a criminal case, to fill in the gaps in the preliminary investigation in court. The existing shortcomings in law enforcement, the imperfection of the criminal pro-cedure law, in the part related to the topic of the study, necessitate further understanding of the problems of the public prosecution strategy in the process of proving, developing proposals to improve the efficiency of the prosecutor. The purpose: based on the results obtained, to develop scientific provisions of theoretical and practical im-portance in order to improve the criminal procedure law and the practice of its application. Objective: to disclose the content of the prosecutor's participation in the process of proving a criminal case in the court of first instance, to propose measures to improve the criminal procedure law and the procedural activities of the prosecutor, in part related to the topic of the study. Methodology. The methodological basis of the research is the provisions of the general scientific dialectical method of cognition of the surrounding reality. The authors used such general scientific methods as analysis, synthesis, induction, deduction, as well as formal-logical, formal-legal methods of cognition, observation method and questionnaire. Results. The state prosecutor participating in the court session is not just one of the parties, but acts on behalf of the state, which requires him to strictly comply with the requirements of a modern legislator, the ability to develop a strategy in a "dispute". The strategy should be based on a deep knowledge of the materials of the criminal case, the presentation of evidence in such a harmonized composition that allows the court to reasonably convince the prosecution of the position of the prosecution. Conclusion. Maintaining public prosecution in court is one of the areas of activity of the prosecutor's office, which is significant not only from the standpoint of ensuring accurate, uniform application of the law, but also from the standpoint of achieving the objectives of criminal proceedings. It requires the prosecutor to demonstrate high profes-sionalism, and further actions of the legislator towards creating an appropriate basis for the implementation of such activities.
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