Law, Legislator, Practice: Some Judgments on the Effectiveness of Certain Truncated Criminal Proceedings

Abstract

The article examines the compromise model of building criminal proceedings in Russia on the example of special proceedings provided for in Chapters 40 and 40.1 of the Criminal Procedure Code of the Russian Federation. The dynamics of their application, emerging practical difficulties and incidents are monitored. The prospect of further use of special proceedings in criminal cases of serious and especially serious crimes is considered. Based on the analysis of specific criminal cases, it is proved that a significant reduction in the amount of punishment “guaranteed” by these proceedings is a legal fiction. Multiple negative features of their implementation are considered. The author substantiates the opinion that a special procedure for considering criminal cases for all serious and especially serious crimes, regardless of the forms of post-criminal behavior of the accused, is inadmissible.