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Обеспечение прав и законных интересов потерпевших по делам частного обвинения на стадии возбуждения уголовного дела

Year: 2021
Type: article
Abstract: The article discusses issues of ensuring the rights of victims of private accusation at the stage of initiating a criminal case. The author stops on the problem of distinguishing the procedure for the initiation of privacy criminal cases by submitting an application directly to the court and cases provided for by Part 4 of Art. The 20 Criminal Procedure Code of the Russian Federation, when the case is already moving to the public prosecution category and is initiated in the usual basis. In this regard, the concepts of the helpless, dependent state of the victim and other cases are analyzed when it is not able to protect his rights independently, as well as the transfer of the right to submit an application in the case of a private accusation for the relatives of the victim in case of his death. The author affects the question of the content of the statement in the case of private accusation, including the need to qualify an act.
Source: Victimology
Language: Russian
Subfield: Law
Open Access status: diamond
OpenAlex ID: W7217419482
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Related to: 10