关于影响案件结果的重大违法行为

T. S. Dvoryankina
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引用次数: 0

摘要

本文探讨了在撤销原判程序中,因不正确适用影响案件结果的重大违反刑法和重大违反刑事诉讼法行为而引起的内容争议问题。法院认定的影响刑事案件结果的重大违反刑法和刑事诉讼法行为的类型。经证实,撤销原判法院撤销和变更已生效判决的法律依据不存在任何不确定性,一般管辖法院对这些依 据的解释也是统一的。在查明影响案件结果的严重违反刑法和刑事诉讼法的行为后,最高上诉法院有义务检查下级法院在对被告的行为进行定性时,是否遵守了刑事诉讼法关于确定刑事案件事实情况的要求、诉讼形式的要求以及正确适用刑法的要求、刑法关于刑罚公正性的要求、解决犯罪损害赔偿问题的正确性、确定刑罚种类和刑罚量的正确性、惩教机构的种类和制度、履行法院判决的要求等。结论是,检查判决或其他法院裁决的合法性包括检查其有效性、动机和公正性,否则就不可能确定法院正确适用刑法和刑事诉讼法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
On Significant Violations of the Law that Influenced the Outcome of the Case
The paper examines debatable issues of content when considering in cassation proceedings caused by incorrect application of significant violations of the criminal law and significant violations of the criminal procedural law that influenced the outcome of the case. The types of violations of criminal and criminal procedural laws that are recognized by the courts as significant and influencing the outcome of the criminal case are shown. It is substantiated that the grounds established in the law for the court of cassation for canceling and changing a sentence that has entered into legal force do not contain any uncertainty and are interpreted uniformly by courts of general jurisdiction. Identifying significant violations of the criminal and criminal procedural law that influenced the outcome of the case, the cassation court is obliged to check if lower courts comply with the requirements of the criminal procedural law on establishing the factual circumstances of the criminal case, the requirements of the procedural form, the correct application of the criminal law when qualifying the actions of the defendant, the requirements of the criminal the law on the fairness of the imposed punishment, the correctness of resolving issues of compensation for damage caused by a crime, the correctness of determining the type and amount of punishment, the type and regime of a correctional institution, fulfillment of the requirements for a court decision, etc. It is concluded that checking the legality of a sentence or other court decision involves checking its validity, motivation and fairness, without which it is impossible to determine the correct application of criminal and criminal procedural law by the courts.
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