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The Concept and Meaning of the Procedural Control of the Head of an Investigative Body in Criminal Proceedings Smeshkova, Liliya; Moskovtseva, Kristina; Potapov, Vasily; Grinenko, Aleksandr; Ermakov, Sergey
Jurnal Cita Hukum Vol 12, No 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.42518

In the article, the authors consider the most pressing issues relating to the conceptual framework of procedural control of the head of an investigative body and its importance in pre-trial criminal proceedings. The authors distinguish the correlation between the procedural control and departmental control exercised by the head of the investigative body. The authors substantiate that the science of criminal procedure needs theoretical consolidation of the correlation between procedural and departmental control, which is correlated as the general with the particular, where procedural control is understood as a special case of departmental control. In conclusion, based on the features highlighted by the authors, the author's wording of the concept of procedural control, which should be understood as based on the norms of criminal procedure law activity of the head of the investigative authority, carried out during the pre-trial proceedings in criminal cases, to implement the purpose of criminal proceedings, identifying, eliminating and preventing violations of criminal procedure and other legislation by the investigator, subject to the limits determined by procedural independence.

Restitution as a Prerequisite for Case Termination: Analyzing Conditional Exoneration in Russian Criminal Procedure Grinenko, Aleksandr; Ivanov, Dmitriy; Kleshchina, Elena; Alyshkin, Vladislav; Bezryadin, Viktor
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

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.

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 Ivanov, Dmitriy; Grinenko, Aleksandr; Fadeev, Pavel; Ermakov, Sergey; Antimonova, Svetlana
Jurnal Cita Hukum Vol. 12 No. 2 (2024)
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

The article deals with the foreign experience of digitalisation in the preliminary investigation. Conservative views of law enforcers and legislators on this issue dominate the Russian Federation. There are only small steps towards digitalising preliminary investigations 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 broad 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 creating an electronic format for criminal cases in the Russian Federation. However, the rapidly developing information and telecommunication technologies will also do their job in this aspect, which will lead to the creation and successful testing of the topic studied by the authors.

The Concept and Meaning of the Procedural Control of the Head of an Investigative Body in Criminal Proceedings Smeshkova, Liliya; Moskovtseva, Kristina; Potapov, Vasily; Grinenko, Aleksandr; Ermakov, Sergey
Jurnal Cita Hukum Vol. 12 No. 3 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i3.42518

In the article, the authors consider the most pressing issues relating to the conceptual framework of procedural control of the head of an investigative body and its importance in pre-trial criminal proceedings. The authors distinguish the correlation between the procedural control and departmental control exercised by the head of the investigative body. The authors substantiate that the science of criminal procedure needs theoretical consolidation of the correlation between procedural and departmental control, which is correlated as the general with the particular, where procedural control is understood as a special case of departmental control. In conclusion, based on the features highlighted by the authors, the author's wording of the concept of procedural control, which should be understood as based on the norms of criminal procedure law activity of the head of the investigative authority, carried out during the pre-trial proceedings in criminal cases, to implement the purpose of criminal proceedings, identifying, eliminating and preventing violations of criminal procedure and other legislation by the investigator, subject to the limits determined by procedural independence.

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