Author

Belkin A.R.

Title of article

Defects in new legislative regulation of the appeal proceedings

Section

Criminal рrocedural review

Issue, year

4 (30) 2014

Abstract

The amendments of the wording of chapters 45, 47 and 48 of the RF Criminal Procedure Code (of January, 1, 2013) are estimated. The elimination of indicating the person being under proceeding on taking forced measures of medical character is considered unreasonable. Mentioning a legal representative of civil defendant contravenes the other provisions of the law. The author proves the necessity to mention the judicial decisions which cannot be appealed along with stating the procedure of appealing against judicial decisions. The interpretation of Art. 389 Sec. 2 clause 5 (appeal against the ruling of the RF Supreme Court’s judge should be filed to the RF Supreme Court’s Board of appeals) draws some questions. The wording of the Article 389 of the RF Criminal Procedure Code is analyzed. It is proposed to count 10 days since passing the sentence. In case of dissenting opinion (Art. 310 Sec. 5) we should count from the day of its first reading. Conforming of the subpoena for attendance of witnesses, experts and other persons to the judge’s subjective discretion in Art. 389 Sec. 2 is considered inappropriate. The elimination of indicating the replication in appellate debate is unreasonable. The defendant’s pre-imposition statement is improperly referred to debate. The procedural status of a person being under revising the judicial decision is questionable. Other defects of legislative regulation of the appeal proceedings are considered. The author proves the necessity to amend the imperfect chapter 45 of the RF Criminal Procedure Code.

Keywords

appeal proceedings, change of the procedure, judge, debate, replications.

References

1. Belkin A.R. UPK RF: nuzhny li peremeny? [Code of Criminal Procedure: do we need a change?]. Moscow, Norma Publ., 2013. 416 p.

2. Vandyshev V.V. Nekotorye problemy, kotorye mogut vozniknut’ v sude apellyatsionnoy instantsii posle 1 yanvarya 2013 goda [Some of the problems that may arise in the appellate court after January 1, 2013]. Formy peresmotra sudebnykh resheniy v ugolovnom sudoproizvodstve: aktual’nye problemy [Forms review of judicial decisions in criminal proceedings: current problems]. Available at: http://www.iuaj.net/node/975 (Accessed 1 August 2014).

3. Morozov A.I. Predvaritel’noe slushanie v sudebnom razbiratel’stve ugolovnykh del. Kand. Diss. [A preliminary hearing in the trial of criminal cases. Cand. Diss.]. Voronezh, 2009.