PRINCIPLES OF INDEPENDENT EVALUATION AS THE ASPECT OF JUDICIAL INDEPENDENCE IN SOLVING CRIMINAL CASES
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 5, Issue
Abstract
The article through the prism of correlations between the principles of independent evaluation, judicial independence in solving cases and act provisions on limitations of judicial inquiry provided by the prosecution highlights the issues of judge’s belief. The author also grounds the necessity of creating a legislative mechanism for enabling the court to correct mistakes made by prejudicial inquiry bodies. The present paper defines possible ways of solving cases aggravated by discord between court and a prosecutor on the evaluation of criminal and legislative classification of socially dangerous acts or the quality of the body of evidence. These ways may require either mitigating the accusation or refusing it. The author describes the essence of the notion of inconsistency of a bill of indictment with the Criminal Procedure Code, which is considered to be the ground for returning the prosecutor’s bill of indictment. The author suggests the following ways of improving legal regulation of changes in accusation or refusal of accusation exercised by the prosecutor: 1) in case of refusing to support state prosecution the accused must be provided with professional legal support at the expense of the state budget; 2) when the prosecutor changes the accusation, court shall have an opportunity to decide on an accusation which is consistent with the existing facts in the case and standards of substantive law; 3) court shall be empowered to refuse a prosecutor’s denial to support state prosecution if such a denial violates the law, rights and freedoms of a person, a society or a state. In this case, the prosecutor of a higher court should replace state accuser in criminal proceeding and then the case continues according to the standard procedure.
Authors and Affiliations
Ю. М. Мирошниченко
Keywords
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