Prospects for Developing Private Prosecution in Criminal Proceedings in the Russian Federation

DOI

10.2991/assehr.k.200321.082How to use a DOI?

Keywords

criminal procedure, publicity, private prosecution, victim, administrative issue preclusion

Abstract

The work analyses the prospects for the development of private prosecution in criminal proceedings in the Russian Federation. On the one hand, criminal proceedings are public, this is its objective condition explained by the legal nature of criminal procedure as the state’s reaction to a crime. Therefore, criminal proceedings cannot become private, and private proceedings should not dominate. On the other hand, it is possible that there may be some expansion in the range of crimes for which private prosecution is involved. The work highlights the substantive and procedural conditions for attributing acts to private prosecution: low public danger, encroachment primarily on the rights and freedoms of a particular person, and the absence of the need to carry out investigative measures aimed at removing material objects. In addition, there is justification for the inadvisability of private prosecution cases for crimes with administrative precedence. It has been argued that placing a case on a private charge is intended to facilitate, not to complicate, the victim’s access to justice.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - V.Y. Stelmakh
AU  - P. Titov
PY  - 2020
DA  - 2020/03/24
TI  - Prospects for Developing Private Prosecution in Criminal Proceedings in the Russian Federation
BT  - Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020)
PB  - Atlantis Press
SP  - 47
EP  - 50
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200321.082
DO  - 10.2991/assehr.k.200321.082
ID  - Stelmakh2020
ER  -