Keyword: «criminal proceedings»

The article examines the specifics of using digital technologies in solving and investigating crimes in the context of the digital transformation of society. It analyzes technical, legal and organizational aspects of using digital evidence, including legal regulation within the framework of the Criminal Procedure Code of the Russian Federation and other regulations. Particular attention is paid to modern integration projects, such as the Safe City system, and their role in ensuring public safety and increasing the effectiveness of law enforcement agencies.

The institutions of amnesty and pardon represent important mechanisms for implementing the principle of humanism in the criminal law of the Russian Federation. The article examines the legal nature, procedure for application and procedural features of these institutions at various stages of criminal proceedings – from preliminary investigation to execution of sentence. The problems of legislative regulation related to observance of constitutional rights of accused and convicted persons, contradictions between norms of criminal, criminal procedural and penal legislation are analyzed. Special attention is paid to issues of competence of bodies applying acts of amnesty and pardon, as well as correlation of these institutions with other types of exemption from criminal liability and punishment. Based on analysis of judicial practice and law enforcement acts, key problems of implementation of amnesty and pardon are identified, directions for improvement of legal regulation are proposed.

The article examines the procedure for conducting a special trial. It analyzes the conditions for applying a special procedure in criminal proceedings. The article describes the procedural features of considering cases in a simplified procedure. It also examines the specifics of issuing and appealing decisions. The article uses examples from court practice (the Moscow City Court and the Krasnodar Regional Court) to demonstrate the risks of a formal approach and the consequences of violating the rights of participants. The article concludes that it is necessary to maintain a balance between the efficiency of the trial and the protection of the parties' legitimate interests.

The article examines the problematic issues of the procedural order for excluding inadmissible evidence in criminal proceedings. The author analyzes the gaps in the regulation of the investigator's and interrogator's activities, which are associated with the lack of clear requirements for documenting decisions on excluding evidence in the pre-trial stages. Special attention is paid to the inconsistency of the circle of persons who have the right to file such motions and the limitations on the court's authority to initiate a preliminary hearing. Based on the analysis, changes are proposed to Articles 88 and 229 of the Criminal Procedure Code of the Russian Federation to improve the mechanism for ensuring the legality of the evidence base.

The article examines methodological and procedural issues related to the appointment and conduct of psychological and psychiatric examination of minors in criminal proceedings. Special attention is paid to distinguishing mental disorder, delayed mental development, insanity, and the minor’s ability to participate in criminal proceedings. The article analyzes the choice of examination form, formulation of expert questions, protection of minors’ rights, and judicial assessment of expert conclusions.