刑事诉讼政策在预防犯罪中的实施问题

IF 0.1 Q4 CRIMINOLOGY & PENOLOGY

Russian Journal of Criminology Pub Date : 2021-07-02 DOI:10.17150/2500-4255.2021.15(3).401-408

I. Antonov, I. Alekseev

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引用次数: 1

摘要

作者在分析刑事诉讼政策及其在预防犯罪中的作用时，运用了交际法理论。这种做法使他们能够确定刑法范围之外的刑事诉讼工作的内容。这一内容是其调节社会冲突能力的刑法性质。在这一框架下，刑事诉讼程序被视为解决社会冲突的平台，当事人在沟通过程中利用它以社会可接受的方式解决他们之间的冲突。受害方参与与犯罪有关的交往过程，加强了刑事诉讼的矫正作用及其对预防犯罪的意义。作者建议采用简化的刑事诉讼法措施来改革这一程序，并以判处法院罚款终止刑事案件的程序为基础，作为衡量刑法影响的一项措施。他们建议在因双方和解而终止刑事案件时采用同样的办法，但有一个例外:在双方和解期间，只应证明《俄罗斯联邦刑法》第76条规定的理由。成立的，侦查人员有义务向法院提出申诉，法院认定其成立后，应当决定终止刑事案件。

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Problems of Implementing the Criminal Procedure Policy in Crime Prevention

The authors use a communicative approach to the theory of law in their analysis of criminal procedure policy and its role in crime prevention. This approach allowed them to determine the content of criminal procedure work that lies outside the scope of criminal law. This content is its ability to regulate social conflicts of criminal law character. Within this framework, the criminal procedure is viewed as a platform for resolving social conflicts, the sides use it to resolve a conflict between them in socially acceptable ways in the process of communication. The involvement of the aggrieved party in the process of communication in connection with the crime intensifies the correctional impact of the criminal process and its significance for crime prevention. The authors suggest using simplified measures of criminal procedure law for reforming this process and basing it on the procedure of terminating a criminal case with the imposition of a court fine as a measure of criminal law influence. They suggest using the same approach when terminating a criminal case due to the reconciliation of the sides, with one exception: during the reconciliation of the sides, only grounds provided for in Art. 76 of the Criminal Code of the Russian Federation should be proven. If they are established, the investigator is obliged to petition to the court and the court, having established their validity, should decide to terminate the criminal case.

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来源期刊

Russian Journal of Criminology CRIMINOLOGY & PENOLOGY-

自引率

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发文量

期刊介绍： Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.