CRIMINALLY-REMEDIAL DEFENCE IN THE CONDITIONS OF APPLIANCE OF COLLATERAL ESTOPPEL


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Abstract

The article researches the important issues of criminally-remedial defence in the conditions of appliance of collateral estoppel. Within the context of the studied issues the limits of the collateral estoppel in the Russian criminal law of procedure are being considered as well as the possibility of spreading it on the circumstances characterizing the object and the objective element of the crime. The conclusion is drawn about the definitely doomed character of the protective procedure in the case the prejudicial meaning is given to the sentence taken effect when the sentence was passed in special proceeding against the person agreed to the pretrial settlement of cooperation.

About the authors

Vagan Levonovich Grigoryan

Saratov State Legal Academy, Saratov

Author for correspondence.
Email: oblinova@sgap.ru

the candidate of  legal science, senior professor of the criminal proceedings department 

Russian Federation

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