IMPACT OF THE WILL OF THE ACCUSED ON THE COURSE OF CRIMINAL PROCEDURAL ACTIVITY: BACKGROUND (THE HISTORY OF THE QUESTION)

The article shows what opportunities to influence the course and the results of criminal procedural activity the accused had in the development of Russian criminal justice. It is noted that the personal interests of the accused began to be studied only with the adoption of the Criminal Procedure Charter of 1864 and only in the exercise of the rights that belong to him. It is pointed out that the most varied forms of influence of the defendant's will for criminal procedural activity existed during the period of the first Soviet criminal procedural codes of 1922 and 1923 according to which the legal will of the accused was of fundamental importance in some cases for a significant reduction of judicial seizure within the existing form Implementation of justice, in others – changed the form of the implementation of justice, in the third -–changed the nature of the criminal prosecution. It is noted that the personal interests of the accused began to be studied only with the adoption of the Criminal Procedure Charter of 1864 and only in the exercise of the rights that belong to him. It is pointed out that the most varied forms of influence of the defendant's will for criminal procedural activity existed during the period of the first Soviet criminal procedural codes of 1922 and 1923 according to which the legal will of the accused was of fundamental importance in some cases for a significant reduction of judicial seizure within the existing form Implementation of justice, in others – changed the form of the implementation of justice, in the third – changed the nature of the criminal prosecution.