Keyword: «court»

This article examines several aspects of ensuring the rights and legitimate interests of suspects and defendants who have filed a motion for a pre-trial cooperation agreement, specifically addressing the possibility of an investigator denying such a motion. It presents arguments and justifications that the decision to deny or grant a motion for a pre-trial cooperation agreement should be made solely by the prosecutor. Furthermore, to fully guarantee the rights and legitimate interests of suspects and defendants who have filed a motion for a pre-trial cooperation agreement, the article provides justifications for the possibility of appealing the decision to deny a pre-trial cooperation agreement in court. Based on the publication's findings, proposals are formulated for introducing corresponding amendments to current criminal procedure legislation.

The article examines the procedural position of the court and the prosecutor in the special trial procedure (Chapter 40 of the Criminal Procedure Code of the Russian Federation). It analyzes the court's responsibilities for verifying the voluntariness of the accused's consent to the charges and the sufficiency of the evidence, as well as the prosecutor's accusatory function in the simplified trial procedure. The author proposes to legally establish the court's responsibility to verify the accuracy of the charges and to preserve the prosecutor's right to reject the special trial procedure if there are any doubts about the defendant's guilt.