Essence of judicial trial (judicial investigation) and it’s place in the system of criminal realization
Journal Title: ПИТАННЯ БОРОТЬБИ ЗІ ЗЛОЧИННІСТЮ - Year 2016, Vol 2, Issue 32
Abstract
The article is devoted to the problems of determination of concept, maintenance and types of judicial trial and its place in the structure of criminal realization. The necessity of selection of the certain stages (parts) of judicial trial is argued. Drawn conclusion about existence of such stage of judicial trial, as judicial investigation that foresees realization of cognitive function. An urgent requirement is underline not only in the use of this term in scientific turnover but also bringing of corresponding changes to the criminal judicial legislation. During research the concept of judicial investigation is set forth and substantial signs are exposed to the analysis of it: 1) it is the stage of activity of court; 2) activities that is sent to cognition (research) of actual circumstances of business; 3) activities that takes place in all judicial stages; 4) activities that comes true in the conditions of contentionness of parties of judicial realization; 5) activity that is sent to permission of legal conflict. On results undertaken a study such determination of judicial investigation is set forth: the important stage of judicial trial, that shows cognitive judicial activity in relation to research and estimation of fact sheets (proofs) in the conditions of contentionness of parties of the criminal rule-making (parties of prosecution and side of professional defense), sent to permission of legal conflict, aspiring to proceeding in a justice. The types of judicial trial (the simplified and in absentia judicial trial, and also judicial trial, is at the special realization and realization with increase judicial guarantees) are also exposed to in the article the analysis. Except that, in opinion of author, it maybe to conduct speech about such types of judicial trial, as: realization of criminal realization in relation to minor; criminal realization in relation to application of force events of medical or educator character; criminal realizations from the revision of court decisions (realization in the court of appellate instance, realization in the court of appeal instance, realization in Supreme Court of Ukraine, realization on new circumstances)
Authors and Affiliations
I. I. Shepitko
Keywords
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