Тип публикации: доклад, тезисы доклада, статья из сборника материалов конференций
Конференция: THE Vth KHMYROVSKY CRIMINALISTIC READINGS; Krasnodar; Krasnodar
Год издания: 2022
Идентификатор DOI: 10.56948/WJNZ5207
Ключевые слова: accusatory bias, prosecution, defense, adversarial process
Аннотация: The problems of criminal proceedings in Russia associated with the phenomenon of the so-called “accusatory bias” as a type of misconduct by individual judges and law enforcement officers are analyzed herein. The analysis and generalization were carried out based on the materials of criminal cases on corruption crimes, completed botПоказать полностьюh by convictions and acquittals of Russian courts using the methods of comparative law (comparison with sources from the United States), statistical, sociological and other methods. Moreover, for the first time, conclusions were formulated about the need to introduce a special principle for the formation of scientific provisions and applied recommendations in forensic science – the principle of the inadmissibility of an accusatory bias. Its application by a forensic scientist-developer includes six elements, including the development and implementation of recommendations: on common facts and typical situations of illegal prosecution, non-criminal acts in a particular field of activity; on the prevention of typical mistakes and violations of the law, on the investigation of crimes committed by law enforcement officers as manifestations of an accusatory bias. To solve the identified problems, complex measures of a legal, socio-economic, organizational nature are required, as well as changes in scientific, theoretical, didactic approaches in the system of identified measures.
Номера страниц: 95-100
Место издания: Geneva