Статья, вып. 1 (2016), с. 129-139

Abstract

A prominent researcher, who has made a significant contribution to the development problems of criminal prosecution, is M. S. Strogovich. He published the only monograph study on criminal prosecution in the Soviet period. According to the author, a criminal prosecution is an activity of the investigative authorities and the Prosecutor's office that sought to expose the perpetrators and to ensure that the application to them of the deserved punishment. The act of prosecution is an act to attract a certain person to the case as a defendant in accordance with article 128 and article 129 of the criminal procedure code of the RSFSR. The author introduces the concept of «preparation of criminal prosecution». The author singles out the following subjects of criminal prosecution: 1) prosecution (article 9 of the RSFSR code of criminal procedure); 2) bodies of preliminary investigation and 3) the bodies of inquiry. For initiating and pursuing a criminal prosecution requires the necessary legal and factual nature. The author investigates the peculiarities of criminal prosecution at the pretrial stages of criminal proceedings, paying attention to the institution of criminal proceedings, the use of preventive measures before bringing charges, the acquisition by a person of the status of the suspect, the indictment and after the prosecution at the preliminary investigation. The author investigates also the questions of criminal prosecution in the court of first instance where criminal prosecution by the Prosecutor as the public Prosecutor. In addition, the author analyses the issues of criminal prosecution in the court of cassation.