Current issues of criminal proceedings against minors in the context of modern reality

About the authors:

Svetlana V. Verkhoturova, Cand. Sci. (Jur.), Associate Professor, Department of Criminal Law and Procedure, University of Tyumen; s.v.verhoturova@utmn.ru

Oksana V. Pavlenko, Cand. Sci. (Jur.), Associate Professor, Department of Criminal Law and Procedure, University of Tyumen; o.v.pavlenko@utmn.ru

Abstract:

This article examines the current theoretical and practical issues of criminal proceedings against minors in the light of recent changes in the criminal procedure legislation. The research was conducted using formal-logical and dialectic methods, as well as the comparative-legal method when analyzing criminal and legal proceedings against minors. The authors conclude that a number of existing criminal procedure norms regulating the preliminary investigation and consideration of criminal cases in court against minors do not meet international standards and require further improvement. This article draws attention to the procedural errors of investigators (inquirers) and judges that are allowed in the process of investigation and consideration of criminal cases in court in relation to minor suspects, accused persons, defendants. The lack of sufficient legal regulation in the criminal procedure law is called the main reason for the mistakes made in the criminal proceedings against minors. In order to solve the identified problems, the authors propose to make appropriate additions to the current criminal procedure law.

References:

1. Yaroslavl Regional Court of Yaroslavl Appeal Decision of 21 July 2020 No. 22-1386. In: Judicial and Regulatory Acts of the Russian Federation. Accessed 5 May 2021. http://sudact.ru

2. Khabarovsk Regional Court of Khabarovsk Appeal Verdict of 23 June 2020 No. 22-985. In: Judicial and Regulatory Acts of the Russian Federation. Accessed 5 May 2021. http://sudact.ru

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