The prosecutor as a subject of bringing the accused to trial after the judicial reform of 1864 in the Russian empire
DOI:
https://doi.org/10.17308/law/1995-5502/2024/1/199-207Keywords:
judicial reform, prosecutor, investigator, court, criminal case, bringing to trial, indictment, termination of criminal caseAbstract
The issues of not only the normative, but also the actual role of the prosecutor as a subject of bringing the accused to trial after the judicial reform of 1864 in the Russian Empire are investigated. The procedural activity of prosecutors after they receive completed criminal cases from judicial investigators is considered. The terms of consideration by the Prosecutor's Office of the received cases, the practice of their return for additional investigation and the procedure for termination of criminal cases are analyzed. At the stage of bringing the accused to trial, the prosecutors exercised their powers in general effectively. They assessed the evidence available in criminal cases mainly critically. With the conclusions of the prosecutors on the termination of cases, the courts did not agree relatively rarely. The Prosecutor's Office brought the accused to trial in about a third of all cases sent to the court with indictments, and in the rest of the cases the accused were brought to trial by the judicial chamber. There was no general accusatory bias among the prosecutors. However, sometimes the prosecutors brought the accused to trial unreasonably, which entailed the acquittal of the defendants or the return of the cases by the court to the prosecutors.
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References
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