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2-1(86) 2015 LEGAL SCIENCE
A.A. Kirillova
On the Issue of the Judge’s Murder Casework
The criminal casework is a key element in preparation of the criminal case for litigation. It is important that the role of the judge adopting a criminal case should not be limited only to formal casework, observation of procedural time limits and other activities under the Criminal Procedure Code of the Russian Federation. With this in mind, the judges are advised to use the proposed algorithm of the murder casework. The algorithm includes a number of sections containing recommendations on the study of the indictment, the charge laid, verification of the right of defense, the settlement of various questions raised in the preliminary hearing and on deciding motions to exclude evidence. The algorithm also contains a section on forensic criteria of the case examination, that focuses mainly on pointing out typical mistakes made at pre-litigation stages. All mistakes and violations of the law usually have a very negative impact on the quality of court judgments, and in some cases transform into miscarriages of justice. Qualified review of the criminal case file by the judge on the basis of the proposed algorithm could also prevent these negative consequences.
DOI 10.14258/izvasu(2015)2.1-13
Key words: judge, preparation for trial, examination of the criminal case, murder
Full text at PDF, 266Kb. Language: Russian.
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