Theoretical grounds and procedural arrangements for strengthening the accusation in criminal proceedings

Abstract

The article examines issues relevant to criminal proceedings, related to the need for legislative consolidation of the grounds and procedural arrangements for changing the charges towards their strengthening. It is argued that the current provisions of the Criminal Procedure Code of the Russian Federation (CPC RF) provide for mandatory registration of any changes to the charges in an independent procedural act which content must be promptly communicated to the accused at the stage before the completion of the preliminary investigation. The author proposes to distinguish between two procedures for changing the charges, namely a simplified one that does not require re-filing the charges, and a more complex one that involves issuing a new ruling and performing the envisaged procedures. Particular attention is paid to the problem of strengthening the accusation at the trial stage. In this regard, an idea is proposed to expand the powers of the public prosecutor. The prosecution attorney then receives the right to file a written motion to change the charges to graver ones during the court hearing, and the court, without returning the case to the prosecutor, announces a recess to formulate a new charge and give the defense time to prepare its position. The main objective of the study is to determine the grounds and procedural arrangements for changing the charges to graver ones at the preliminary investigation stage and during the consideration of the case by the court, as well as to ensure the accused the right to defense, to comply with procedural time limits, and to ensure the adversarial nature of the parties.