ATTRACTING THE FACTORY OF THE INNOCENT TO CRIMINAL LIABILITY
Dvoryanskov I.V.
FKU research institute of the FPS of Russia (Moscow, Russia), chief researcher of research center-2, doctor of law, professor.
Annotation:
The article is devoted to the criminal legal analysis of bringing a knowingly innocent person to criminal responsibility. This corpus delicti refers to encroachments on the interests of the judiciary, provided for in Chapter 31 of the Criminal Code of the Russian Federation. Meanwhile, his social danger is of a dual nature. On the one hand, procedural requirements are violated that ensure the legality and validity of prosecution, the constitutional principle of the presumption of innocence, a number of principles of criminal law (legality, guilt, justice) and criminal procedure (legality in criminal proceedings, protection of human and civil rights and freedoms). in criminal proceedings, freedom of assessment of evidence, etc.). On the other hand, the interests of the person who was illegally brought to criminal responsibility, his reputation, honor and dignity suffer. The official nature of the crime necessitates special attention to the constructive and qualifying features that determine the responsibility for this act of persons whose powers include bringing to criminal responsibility and differentiating this crime from related elements.
Keywords:
Illegal prosecution; knowingly innocent person; crime against justice; violation of the interests of the judiciary and the rights of participants in criminal proceedings.
