Some Problems of Hearing of Cases of Private Charge, Provided by Part 2 of Article 20 of the Criminal Procedure Code of the Russian Federation

Abstract

The present article is devoted to the topical issues related to cases of private prosecution. Advancing the idea of the impossibility of collecting the evidence magistrate outside the trial, which contradicts the existing views of the theory of the criminal process on the rules and methods of gathering evidence, admissible only in the preliminary stages of investigation and trial. The existing practice of collecting evidence of a magistrate and therefore the formation of a criminal case in the vast majority of magistrates is perceived negatively. The author offers the CPC to adopt the order in which the victim in cases of private prosecution only claimed to about bringing the offender to criminal liability, and the function of forming a criminal case of private accusation fell on the bodies of inquiry, eliminating the existing practice of the formation of a fully private prosecution magistrate in order to bring in accordance with the adversarial principle.