TRANSFORMATION OF PROSECUTION IN THE TRIAL
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
The article investigates the problem of transforming the prosecution in the trial. Formulated the definition of transformation of prosecution in the trial as a result of criminal procedural activity of the prosecutor in the trial, that is to change the legal nature of the state (public) prosecution in charge, competing, double charges. Competing charge, which is a separate type of prosecution in court criminal proceedings occurs when prosecutions prosecutor and victims in various parts as a result of changes Prosecutor charges. Vicarious charge, which is a failure of the prosecutor to charge maintenance and support agreement victim’s accusation is a form of private prosecution. Double charge is characterized by its implementation both on a physical and on a legal entity (on the application of its measures to criminal law). It is proved that the transformation of prosecution occurs when changing the charges by the prosecutor on the less hard for qualification or volume, the refusal of the prosecutor for the state prosecution with the consent of the victim support case in court at the start of proceedings against a legal person and characterized by specific grounds, conditions of implementation and legal consequences. The grounds for prosecution transformation are: when changing charges – sufficient data inconsistencies qualifications or volume charges the facts of the criminal proceedings and the need to apply the law of Ukraine on criminal liability, which provides for liability for less serious criminal offenses or the reduction of the charge; failure of the prosecution – sufficient data charges against the accused is not confirmed; at the start of proceedings against a legal entity – sufficient data on the grounds for the application of criminal activities to the legal person. Legislative authority is appropriate criminal procedural decision of the prosecutor. The consequences of the transformation taking place for indictment activity and for the prosecution of other participants in criminal proceedings, not related to the defense.
Authors and Affiliations
В. О. Гринюк
Keywords
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