The prosecution in the trial stages of criminal proceedings: the contents and subjects of prosecutorial activities
Keywords:
уголовное преследование, обвинение, частное обвинение, государственное обвинение, государственный обвинитель, частный обвинительAbstract
There are some differences in prosecutorial activities at the trial and pretrial stages of criminal proceedings. These differences relate to: 1) the content of prosecutorial activities; 2) subjects of prosecutorial activities; 3) procedural means prosecutorial activities; 4) the limits of prosecutorial activities; 5) forms of prosecutorial activities. In judicial stages of criminal proceedings the criminal prosecution is carried out by maintaining the charges. Accusation is the allegation of committing a certain person acts prohibited by criminal law, put forward in the order, established UPK the Russian Federation (item 22 of article 5 of the code of criminal procedure). The charge can be public and private. The state prosecution is formulated in the final charging documents of the preliminary investigation, which is what the indictment, the indictment and final judgment, the persons conducting the preliminary investigation, i.e. by the investigator and by the inquirer. The state charge is supported by prosecutors. A private prosecution supported the victim. To the subjects of indictment of the judicial stages of the Russian criminal proceedings are the public Prosecutor, private Prosecutor and his representative, the victim and his representative and legal representative.