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All Journal Jurnal Cita Hukum
Dmitriy Ivanov
Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation (MGIMO-University)
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Termination of a Criminal Case (Criminal Prosecution) Due to the Imposition of a Court Fine Alexander Volevodz; Dmitriy Ivanov; Sergey Polyakov; Viktor Bezryadin; Vladislav Alyshkin
Jurnal Cita Hukum Vol 11, No 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34007

Abstract

Criminal cases in Russia often hinge on a critical decision during the preliminary investigation stage: whether to proceed to trial or terminate the case. While various grounds for termination exist, one central condition revolves around the compensation or reparation for harm caused by the crime. This article examines the termination of criminal cases through court fines to compensate for the damage caused by crimes. The research utilizes the general scientific method of cognition for detailed examination and analysis, the systematic approach method for procedural considerations, and methods of analysis and synthesis to identify law enforcement challenges. The study systematically analyses the legal provisions and judicial practices related to imposing court fines since 2016. Results indicate that total compensation for harm is crucial for applying termination grounds under Article 25.1 of the Criminal Procedure Code. Voluntary harm compensation often leads to the termination of criminal cases, effectively preventing the creation of a criminal record for the accused.
The Investigator’s Actions to Compensate for the Harm Caused by the Crime in Determining the Form of Terminating the Preliminary Investigation Dmitriy Ivanov; Vasily Potapov; Vitaliy Vasyukov; Valeriia Artemova; Elmir Alimamedov
Jurnal Cita Hukum Vol 11, No 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.34006

Abstract

Investigations into the termination of preliminary criminal investigations traditionally encompass two forms: closing a criminal case and concluding the preliminary investigation through an indictment for prosecutor transfer. Prior research has examined these processes, emphasizing the importance of procedural correctness and legal compliance. However, existing studies fall short in elucidating the investigator's actions concerning harm compensation during preliminary investigation termination. The purpose of this study was to explore the investigator's actions to ensure compensation for harm caused by a criminally punishable act during the termination of the preliminary investigation. The authors employed a holistic approach, including the general scientific method, systematic analysis, synthesis, and comparative legal analysis. The results revealed that regardless of the form of termination, measures for compensating victims of criminal acts must be taken. These include appealing against unlawful decisions, and preparing claims for rights protection and compensation in civil proceedings. Compensation for harm remains a priority throughout pre-trial proceedings, even after termination.
Comparative Legal Analysis of the Use of Electronic Format of Criminal Cases and the Procedure under the Code of Criminal Procedure of the Russian Federation Dmitriy Ivanov; Aleksandr Grinenko; Pavel Fadeev; Sergey Ermakov; Svetlana Antimonova
Jurnal Cita Hukum Vol 12, No 2 (2024): In Press
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.39691

Abstract

The article deals with foreign experience of digitalization of preliminary investigation. Russian Federation is dominated by conservative views of law enforcers and legislators on this issue. Currently there are only small steps towards the digitalisation of preliminary investigation in our country. At the same time it has been established that the introduction of various information systems and automated workstations into practice, which was supposed to create a unified system and network of wide coverage, has not happened due to the lack of a unified request from the system of investigative bodies and technical capabilities, as well as lack of an urgent need for changes in the working procedure on the part of investigators and interrogators. In conclusion, the authors conclude that there are currently only minor steps towards digitalisation of pre-trial investigations and the creation of an electronic format for criminal cases in the Russian Federation. However, it is obvious that the rapidly developing information and telecommunication technologies will do their job in this aspect as well, which will lead to the creation and successful testing of the topic studied by the authors.
Restitution as a Prerequisite for Case Termination: Analyzing Conditional Exoneration in Russian Criminal Procedure Aleksandr Grinenko; Dmitriy Ivanov; Elena Kleshchina; Vladislav Alyshkin; Viktor Bezryadin
Jurnal Cita Hukum Vol 12, No 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.37741

Abstract

In this scholarly article, the researchers methodically examine the protocols involved in discontinuing criminal cases through the conciliation of the involved parties, as well as ceasing criminal prosecution on the grounds of active contrition, contingent upon the pivotal requirement of recompensing the damage inflicted by the criminal act. The study substantiates that the investigator, or the individual responsible for the preliminary inquiry, bears the mandatory duty to ascertain, via investigative measures, that the injury wrought by the criminal offence has been comprehensively redressed. The authors delineate that the transcript of the victim's interrogation is the most prevalent procedural document, signifying that the conciliation procedures are mutually satisfactory, voluntary, and indicative of the parties' willingness and preparedness to reconcile. Conclusively, the authors infer that exemption from criminal accountability and the consequent cessation of the criminal case, predicated upon reconciliation or earnest remorse, is contingent upon the substantiated evidence of actual compensation for the harm engendered by the criminally punishable deed.
Co-Authors Aleksandr Grinenko Alexander Volevodz Elena Kleshchina Elmir Alimamedov Pavel Fadeev Sergey Ermakov Sergey Polyakov Svetlana Antimonova Valeriia Artemova Vasily Potapov Viktor Bezryadin Viktor Bezryadin Vitaliy Vasyukov Vladislav Alyshkin