Year: 2025
Type: article
Abstract: The general provisions of the procedural order for decision-making establish the following. The criminal procedure contains procedural actions and decisions. Procedural actions mainly represent a linear scheme of criminal proceedings. Procedural decisions form the moment of branching of criminal proceedings (change of direction). The order of production of procedural actions is formed by recording the facts discovered during this process. The procedure for making procedural decisions consists of choosing one of many alternatives. The action being performed allows for a return to its beginning (retrospectivity). The decision taken (from the moment it becomes available to the parties involved) entails the obligation to implement it (prospectively). Reversal of a decision (return to the beginning) is a sign of procedural chaos, a violation of order. The procedural regime of decisions and actions is different. The essence of the appointment of a forensic examination in a preliminary investigation is a procedural decision (a set of decisions). It consists of understanding the procedural situation associated with the impossibility of collecting evidence through procedural actions available to the investigator; in developing alternatives to procedural activity (options for changing its direction) and evaluating them; in formulating the goal and objectives of using specialized knowledge to collect evidence through the implementation of this specialized knowledge by its bearers; in determining the consequences for each alternative; in a rational choice of one of the alternatives.
Source: Actual Problems of Russian Law
Author: L. A. Zashlyapin
Institution: Russian State University of Justice
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4410967390