SIMPLIFIED INQUIRY


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Abstract

The paper studies two forms of pre-trial proceedings: fast-track inquiry now existing in the Criminal procedure code of the RF and the protocol form of inquiry pre-existed in the Criminal procedure code of the RSFSR and the Code of criminal procedure of the RF; carries the comparative analysis of these forms of investigative activity. The author briefly considers the causes of emerging of the inquiry as an investigative form in the criminal procedure and the fast-track inquiry in particular. The paper gives a brief review of the simplified forms of inquiry existing in the criminal procedure of former Soviet Union republics, in particular, in the criminal procedure legislation of the Republic of Kazakhstan, the Republic of Belarus, and Ukraine. The paper presents the comparative table, which describes the positive and negative moments of current fast-track inquiry and formerly applied protocol form of inquiry. Based on this comparative analysis, the author concludes that for the cases over crimes of minor and medium gravity committed with evidence (when a person committed a crime is known and admits fault in accordance with damage done), it is reasonable to carry out an inquiry in the formerly applied protocol form. In this regard, taking into account the positive moments of the currently applied fast-track inquiry, protocol form of inquiry previously enshrined in the Criminal procedure code of the RSFSR, and the experience of former USSR republics, the author suggests introducing Chapter 32.2 “Protocol form of inquiry” into the Criminal procedure code of the RF.

About the authors

A. V. Muruzidi

Togliatti State University

Author for correspondence.
Email: muruzidi72@mail.ru

senior lecturer of Chair “Criminal Law and Procedure”

Russian Federation

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