a Special procedure is reduced to a minimum of judicial procedure. It is considered that the fault of the person fully proven and long to understand it makes no sense: the accused simply render the verdict.
As pointed out by the Chairman of the State Duma Committee on state building and legislation Pavel Krasheninnikov, the application of the special procedure with the consent of the accused with the prosecution is now possible not only on criminal cases about crimes of small and moderate, but serious, punishable up to 10 years in prison. That is including for intentional serious crimes.
Originally a special order of judicial proceedings was introduced in order to ensure procedural economy in cases of offences that do not pose heightened risk to society. For agreement on an accelerated procedure, the person receives a mitigation in punishment. That is, he will not have to sit an extra few months, and even years.
meanwhile, as noted at the time of the Supreme court of Russia, the percentage of cases dealt with in a special manner, has been growing for several years. In the end, up to 70 percent of sentences handed down in a particular order. Of those convicted for serious crimes the case of each of the sixth was considered so. Is it right?
“According to the Supreme court of the Russian Federation, in cases of serious crimes the possibility of such a refusal should be excluded because these cases are complex and require validation of results of work of bodies of investigation,” – said the Chairman of the Board of judges of Russia Victor Momotov.
In turn, Pavel Krasheninnikov has noticed that in case of crimes categorized as serious, often affect the interests of a significant number of victims. “To ensure maximum procedural guarantees of fair trial in such cases possible in the proceedings in the General order of the trial in terms of the principle of immediacy and astnosti research evidence at the hearing”, – said Pavel Krasheninnikov.
the Bill proposes to limit the application of the special procedure only criminal cases about crimes of small and medium gravity, that is, intentional acts with a maximum penalty of 5 years imprisonment, and all careless acts.
