Legal encyclopedia. Letter P

PUBLICITY OF PRODUCTION

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The Russian Federation is one of the democratic principles of criminal procedure, by virtue of which a court, a prosecutor, an investigator and an inquiry body with a view to protecting the interests of the individual, society and the state are obliged, in the duty of duty, regardless of the discretion of individuals and organizations to initiate criminal proceedings in each case And to take all the measures provided by law to establish the events of the crime, the perpetrators of its commission and to punish them, or prevent unjustified criminal prosecution or unlawful conviction of persons, and if this took place - take measures to rehabilitate the innocent.

Due to the principle of PS, state bodies and officials authorized to conduct criminal proceedings are obliged, if there is a reason and reason to initiate a criminal case and take the measures necessary for its

Legal solution.

The court, the prosecutor, the investigator and the person conducting the inquiry are obliged to take measures for a comprehensive, complete and objective investigation of the case, to reveal the circumstances that both incriminate and justify the accused, and also aggravate and mitigate the punishment. They do not have the right to transfer the duty of proof to the accused.

PS manifests itself in the public-legal obligation of state bodies and officials to explain to participants of the process their rights and to ensure the possibility of exercising these rights. The public prosecutor has the right to bring a civil claim, if this requires the protection of state or public interests or the rights of citizens. The court has the right to resolve, on its own initiative, the issue of compensation for material damage,

Caused by crime.

The higher court, checking the legality and validity of the verdict, is not bound by the arguments of a complaint or protest and checks the case in full against all convicts.

The special procedure for the production of cases of private prosecution and private public prosecution does not change the public law

Process. Due to the special social significance of the case or if the victim, by virtue of a helpless condition, dependence on the accused or for other reasons, is unable to protect his rights and legitimate interests, the prosecutor has the right to initiate such a case and in the absence of a complaint of the victim or to enter into proceedings instituted by the judge on the complaint of the injured party , If this requires the protection of public or state interests or the rights of citizens and support the prosecution in court.