Title of the article

On the Introduction of the Principle “In Dubio Pro Duriore” (in Case of Doubt, According to the Strictest Version) in the Russian Criminal Procedure

 Authors 

 Konstantin Yu. Sasykin —  Master student, Siberian Law University, 12 Korolenko Street, Omsk, 644010, Russia, sasykin-delo@mail.ru

 Category 

CRIMINAL LAW, LAW ENFORCEMENT

Year,.Volume, Number 

2021, Vol. 9, № 2 (34)

 Pages 

98-104

 Article type 

Original article

 Index UDK 

34

 DOI 

10.21685/2307-9525-2021-9-2-11

 Abstract 

The article examines the possibility of integrating certain principles and models of regional foreign criminal procedural law into the legislation of the Russian Federation in order to strengthen the protection of the rights of victims by the state, as well as to increase the effectiveness and efficiency of domestic criminal proceedings. The author briefly analyses the concept of the criminal procedural legislation of the Swiss Confederation, as structurally very close to the Russian at the institutional level, as a result of which attention is drawn to the principle “in dubio pro duriore”, which is not characteristic of the domestic legal order (in case of doubt, according to the most stringent version). From this perspective, the author raised interest in the controversy around this principle that has recently arisen in the domestic legal literature, emphasizes the need for further research in terms of applying the principle at the initial stages of Russian criminal proceedings, which have significant shortcomings caused by the practice of unjustified refusals and/ or delaying the beginning. Criminal prosecution by the authorities authorized by the state, as well as the wrong quali-fication of criminal acts on their part. Interest in the topic is also caused by the fact that the principle "in dubio pro duriore" applied in Switzerland, at first glance, is identical with the domestic theory of unavoidable doubts that exists in practice, and we also oppose the more well-known principle "in dubio pro reo (in case of doubt - in favour of the accused). The use of "in dubio pro duriore", according to the author, is permissible and justified in Russia, since should be considered more broadly, as having potential at the stage of initiating a criminal case when considering the issue not only of initiating a criminal case, but also of the initial qualification of the information received.

 Keywords 

criminal proceedings; the Swiss Criminal Procedure Code; integration; initiation of proceedings on the case; verification actions; materials obtained in the course of operational-search, administrative and other types of activities; theory of irrevocable doubts

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References

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For citation

Sasykin K.Yu. On the Introduction of the Principle “In Dubio Pro Duriore” (in Case of Doubt, According to the Strictest Version) in the Russian Criminal Procedure. Electronic scientific journal «Science. Society. State», 2021, vol. 9, no. 2, pp. 98-104, available at: http://esj.pnzgu.ru. DOI: 10.21685/2307-9525-2021-9-2-11. (In Russian).