- Journal Issues
- № 1 2015 Problems of pre-trial investigation
- Problems of criminal procedure
- Certain problems of interpretation of the category «accusation» (normative aspect)
Certain problems of interpretation of the category «accusation» (normative aspect)
Review
This article covers study of categories «incrimination» and «prosecution on behalf of a state» in the context of new Code of criminal proceedings of Ukraine. Correlation of categories «incrimination» and «criminal prosecution» has been considered. Author’s position on understanding of the criminal prosecution in the narrow sense is being defined. It is noted that the prosecution as criminal procedural function must be defined in a narrow sense, namely as the activity that aims to expose a particular person with a criminal offense and bring it to criminal liability or the use of other measures of criminal law influence; prosecution is always personalized activities carried out on a particular person who has the status of, for example, the suspect and the accused. Prosecution as a form of criminal prosecution begins with the approval or assembly guilty act prosecutor. In the charge to implement forms of prosecution include: suspicion; regarding the identity of the criminal proceedings against the application of compulsory medical measures; of juvenile proceedings concerning the application of compulsory measures of educational nature.
Keywords: incrimination, prosecution on behalf of a state, support of prosecution on behalf of a state, criminal prosecution.