Воскобитова Л.А. Некоторые особенности расследования при заключении досудебного соглашения о сотрудничестве: уяснение смыслов

Аннотация: In the article the problems of understanding and application of norms of ch 401 of Criminal Procedure Code of Russian Federation which has established the special method of rendering the decisions under pre-trial agreement on collaboration at the conclusion of the pre-trial investigation are analyzed. The norms regulating features of the pre-trial investigation in this special procedure are investigated. The conclusion is justified that the agreement can be concluded with the person only after circumstances of a crime are established and the procedural status of the person as suspected or accused is determined. The pre-trial agreement is the new procedural document, therefore in the article its most important components are analyzed. The concept of obligations which are incurred by the person initiating its reveals. Their difference from actions which it is obliged to make is shown. Conditions which the prosecution can offer to him are analyzed. Features of end of the pre-trial investigation on these cases, and also new authorities of the prosecutor in this context are shown.

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Abstract: In the article the problems of understanding and application of norms of ch 401 of Criminal Procedure Code of Russian Federation which has established the special method of rendering the decisions under pre-trial agreement on collaboration at the conclusion of the pre-trial investigation are analyzed. The norms regulating features of the pre-trial investigation in this special procedure are investigated. The conclusion is justified that the agreement can be concluded with the person only after circumstances of a crime are established and the procedural status of the person as suspected or accused is determined. The pre-trial agreement is the new procedural document, therefore in the article its most important components are analyzed. The concept of obligations which are incurred by the person initiating its reveals. Their difference from actions which it is obliged to make is shown. Conditions which the prosecution can offer to him are analyzed. Features of end of the pre-trial investigation on these cases, and also new authorities of the prosecutor in this context are shown.

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