Option number 1
theoretical question . The suspect as a participant in criminal proceedings. History of the procedural status of the suspect. Further optimization of the procedural status of a suspect in criminal proceedings.
Task 1. Does the list below contain provisions that can be attributed to criminal procedural functions:
– an accusation;
– preliminary investigation;
– judicial control over pre-trial proceedings;
– compensation for harm caused by a crime;
– resolution of a criminal case;
– prosecutor supervision;
– maintenance of a civil claim;
– crime prevention;
– defense against a civil claim;
– control over the objectivity and conscientiousness of the actions of the investigator?
What is the meaning of the concept of “criminal procedural functions”? Is the idea of criminal procedural functions well-established?
Problem 2. A sailor of a South Korean merchant ship, while in Vladivostok, committed a theft.
What legislation should be followed in this case? Does the procedure for initiating a criminal case, preliminary investigation and trial on this fact have any peculiarities?
Option number 2
theoretical question . The victim as a participant on the part of the prosecution in adversarial criminal proceedings.
Task 1. In accordance with Art. 126 of the Constitution of the Russian Federation, the Supreme Court of the Russian Federation “gives clarifications on issues of judicial practice.”
What does the concept of “explanations” mean, in what form are they given, to whom are they addressed (lower courts, prosecutors, investigating authorities, lawyers)? What is the relationship between the concepts of “interpretation” of the law and “clarification” of judicial practice? Give an example of the interpretation of criminal procedure legislation and clarification of judicial practice in the field of criminal proceedings.
Problem 2. The Limonovs, who returned after the weekend from their summer cottage to a city apartment, found that a laptop, some household appliances and 50 thousand rubles had disappeared. Limonov called the police. He described the circumstances of the incident in a written statement. A criminal case was opened on the fact of the theft from the apartment.
During the investigation, it was established that the Limonovs’ son entrusted the keys to the apartment to his underage cousin (Limonova’s nephew), who, together with his acquaintance, committed the theft.
Limonova appealed to the police with a request to return the application, because. in their family, they will figure everything out on their own.
The involvement of Limonova’s nephew in the theft was revealed before the decision to initiate a criminal case was issued.
What is the legal significance of the declared petition and how should one respond to it? Will the situation change if the petition to withdraw the application comes from Limonov, the submitter of the original application? Does the resolution of such a situation depend on the qualification of the crime committed?
Option number 3
theoretical question . The principle of publicity. Criminal prosecution. Types of criminal prosecution in criminal proceedings.
Task 1. At the court session of the court of first instance, the prosecution witnesses indicated in the investigator’s indictment approved by the prosecutor were interrogated. One of the witnesses for the prosecution referred in his testimony to another person not previously interrogated and not mentioned in the indictment, who, in his opinion, was closer to the scene and could better observe the crime event. The public prosecutor, believing that the accumulated body of evidence is sufficient to establish the guilt of the defendant, did not file a motion to summon a new witness to testify.
Does the court, on its own initiative, have the right to summon an additional witness for questioning? Does the solution of this question depend on which side the witness belongs to? Does the court have the right to be active in collecting evidence? What is the role and place of the court in criminal proceedings?
Problem 2. Convicted Akhpaev, on the basis of personal hostile relations, hit convict Imrekov, who was serving his sentence in the correctional colony with him, in the face and broke his jaw. Considering in court a criminal case initiated under Part 1 of Art. 112 of the Criminal Code, the court heard, among other evidence, the testimony of the defendant and witnesses and considered the expert’s opinion:
a) the defendant Akhpaev pleaded guilty and told in detail under what circumstances he inflicted bodily harm;
b) witness Andreev testified that he saw the victim with a swollen cheek the next day after the beating;
c) witness Yakushev testified that the victim Imrekov told him that he had been beaten by Akhpaev, as a result of which his jaw was broken;
d) according to the expert’s conclusion, Imrekov has a closed fracture of the lower jaw on the right. This harm to health belongs to the category of moderate severity.
Classify each of the evidence given.
Option number 4
theoretical question . The concept of criminal proceedings (criminal process). Correlation of concepts: criminal proceedings, criminal process, justice.
Task 1. An outstanding domestic scientist-processualist prof. V.T. Tomin, one of the creators of the doctrine of the principles of the criminal process, included in the author’s system of principles, in particular, such provisions as: the principle of separation of criminal procedural functions in criminal procedural activity and the principle of ensuring the legitimate interests of the individual in the criminal process.
Compare these principles with the provisions of Chapter 2 “Principles of criminal proceedings” of the Code of Criminal Procedure of the Russian Federation and, if possible, find their analogues. What is the difference between the normative and the author’s approaches to the formulation of comparable provisions?
Prof. V.T. Tomin does not include the principle of the presumption of innocence in the system of principles of the criminal process, although the presumption of innocence is normatively enshrined in the Code of Criminal Procedure of the Russian Federation as a principle of criminal procedure, it is included as a principle in all other scientific systems of principles of the criminal process.
What arguments does the scientist put forward in support of his position?
In the author’s system of principles prof. V.T. Tomin includes such a provision as “the principle of morality in criminal proceedings.” At the same time, it is known that the scientist believes that when formulating the principles of the criminal process, it is necessary to rely on the norms of the current legislation.
What is the normative basis of the principle of morality?
Problem 2. The driver Pavlov, who constantly worked on the delivery of furniture from the factory to the shops of the city, was prosecuted for theft. Finishing the investigation of the criminal case, the investigator submitted a proposal addressed to the general director of the Sibmebel association to eliminate the circumstances that contributed to the commission of crimes. It details eight cases of Pavlov stealing from a factory and the circumstances that contributed to the theft.
Are the actions of the investigator consistent with the principles of criminal justice?
Option number 5
theoretical question . Presumption of innocence. Essence and meaning. provisions arising from the presumption of innocence. Implementation of the presumption of innocence in the practice of preliminary investigation bodies.
Task 1. Examining with the participation of an expert the residential building from which the theft was committed, the investigator found traces of fingers on the broken glass of the window. The operational commissioner of the criminal investigation department interrogated the neighbors. The cynologist used a search dog, which took the trail, walked along it for about 700 meters, but, having reached a busy highway, lost it.
How should the received factual data be fixed so that they acquire evidentiary value?
Problem 2. The victim in the criminal case of the theft from the apartment stated that the theft was committed by his friend Bugrov. He asked the victim for a loan, but when he refused, he said that he would take the money himself. It is Bugrov who committed the theft by the fact that exactly the amount he needed was stolen. Other things (including gold) are not touched. Bugrov also had the opportunity to make duplicate keys to the apartment, since at one time he lived in it. Bugrov denied committing the crime.
Are there grounds for his detention under Art. 91, 92 Code of Criminal Procedure?
Option number 6
theoretical question . The court as a participant in criminal proceedings. Special status and powers of the court.
Task 1. Pavel Svirepov was charged with entering Blagodushny’s apartment by selecting a key, where he stole things worth 415,000 rubles. The stolen property has not been found or seized.
In connection with the petition Svirepova A.The. on the election in respect of his son as a preventive measure bail investigator took from Svirepova A.The. money in an amount equal to the value of the stolen, about which a protocol was drawn up, which was signed by Svirepov A.The. and investigator. The investigator handed over the money to the deposit account of the Ministry of Internal Affairs for the Omsk region. Then the investigator issued a decision to initiate a petition before the court for the application of bail as a measure of restraint and, together with the materials substantiating this decision, sent it to the court.
What is the procedure for choosing bail as a preventive measure? Evaluate the actions of the investigator.
Problem 2. Considering the criminal case on November 10, 2003, the court recognized the testimony of Sosiurko, interrogated on April 19, 2001 at the preliminary investigation as a suspect, as inadmissible evidence. At the same time, the court was guided by the provision of paragraph 1 of part 2 of Art. 75 of the Code of Criminal Procedure of the Russian Federation, according to which the testimony of a suspect given during pre-trial proceedings in a criminal case in the absence of a defense lawyer, including cases of refusal of a defense lawyer, and not confirmed by the suspect in court, are inadmissible evidence. According to the prosecutor, the court incorrectly recognized the suspect’s testimony as inadmissible, since this evidence was obtained without violating the criminal procedure law in force at the time of the interrogation.
Resolve this legal situation.
Option number 7
theoretical question . Appeal of procedural actions and decisions of bodies of preliminary investigation and court. Essence and meaning. Regulatory framework. Subjects of appeal. Actions and decisions subject to appeal.
Task 1. On September 23, Karavaev was detained on suspicion of committing a robbery. On September 25, a measure of restraint in the form of detention was chosen against him. At the end of the investigation, on 29 December, the case was transferred to the supervising prosecutor. On January 3, the prosecutor returned the case to the investigator for additional investigation, during which new accomplices in the crime were identified.
Determine the term of Karavaev’s detention. Which participants in the proceedings resolved the issues of detention and extension of the period of detention? What is the procedure for a further extension of the period, given that the additional investigation will require at least three months?
Task 2. The investigation of the criminal case established that on the night of October 15, Loginov was killed in his apartment with two shots from a hunting rifle. On November 6, employees of the criminal investigation department received secret information that in the house owned by the right of personal property to Poltov, at the address: st. Ordzhonikidze, 27, a murderer named Vasily is hiding, and the things of the murdered are also located there. The employees of the criminal investigation department reported the information received to the investigator and gave him the explanations of Ivanov, Poltov’s neighbor, according to which a guy named Vasily lives with Poltov, who “buries himself from everyone.”
Based on the information received, the investigator conducted a search in Poltov’s house, which gave positive results.
What evidence is relevant evidence?
Option number 8
theoretical question . Criminal procedural proof as a kind of knowledge. Features of criminal procedural proof. Purpose of criminal procedural proof.
Task 1. From the building occupied by the non-state educational institution “Omsk Law Academy”, three computers were stolen at night, one of which was the personal property of a teacher.
Who should the investigator recognize as the victim in the case? Who has the right to represent the interests of victims in pre-trial and judicial proceedings?
Task 2. Elizarov stole a new Samsung TV set from the hostel and sold it to an unidentified person. The proceeds from the sale were spent on the purchase of a coat.
In order to secure a civil claim, the court, at the request of the investigator, seized the property of the accused. The investigator included in the inventory the Sokol TV, which had been in use for 9 years, children’s overalls, and a tea set. In the protocol of seizure of property, it was indicated that the child of the accused had a down jacket, and other tea utensils were in the household. The arrest was not imposed on the coat, since it was the only one the accused had.
The investigator left the coveralls and the tea set against receipt for safekeeping to the accused’s neighbors, and confiscated the TV set and handed it over to the administration of the hostel where the theft was committed, allowing it to be used until the court’s decision.
Evaluate the actions of the investigator.
Option number 9
theoretical question . Correlation of the criminal process with the operational-search activity of the internal affairs bodies. Using the results of operational-search activities in evidence.
Task 1. In connection with the verification of covert data on the theft of components for electronic equipment in various ways, an inventory of material assets was carried out, which was accountable to the foreman of one of the workshops of the production enterprise Khvatov, as a result of which a shortage of parts in the amount of 25 thousand rubles was revealed. Khvatov immediately deposited the indicated amount into the cashier.
The administration of the enterprise refused to submit inventory materials to the investigating body and appealed to the head of the investigating body with a request to stop further verification, since the calls of the shop workers to give explanations and conduct investigative actions would adversely affect production and bring material damage to the enterprise possibly greater than the lack of components.
How should the head of the investigative body respond to this appeal? Analyze the situation in the light of the principles and other general provisions of criminal justice.
Task 2. The investigator twice sent a summons to the witness Damkin, calling him for interrogation. The witness did not appear at the specified time. Then the investigator issued a decision to bring the witness, entrusting the execution of the decision to the deputy head of the police department.
Evaluate the reasons for using the drive. What is the procedure for making a decision and executing a decision on the drive?
Option number 10
theoretical question . Testimony of the suspect and the accused: concept, subject, meaning. Evaluation of the testimony of the suspect and the accused. Probative value of admitting one’s guilt. Inadmissible testimonies of the suspect and the accused.
Task 1. On May 10, a criminal case was initiated against Stasov on the fact of the murder of Yarotsky (part 1 of article 105 of the Criminal Code of the Russian Federation).
On May 15, Stasov was detained in accordance with Art. Art. 91, 92 Code of Criminal Procedure of the Russian Federation.
On May 17, by a court decision, a preventive measure in the form of detention was applied to him.
On May 23, the investigator issued a decision to bring Stasov as a defendant in the crime, which he presented to Stasov on May 26, after which he interrogated him.
On July 2, the case was sent to the court, where it was received and registered on July 3.
On July 8, the judge issued a ruling on the appointment of a court session. Later, by the verdict of the court of first instance, Stasov was found guilty of committing a crime under Part 1 of Art. 105 of the Criminal Code of the Russian Federation, and sentenced to 7 years in prison.
What procedural position did Stasov occupy during the preliminary investigation and during the proceedings in court? How did Stasov’s rights change as his procedural position changed?
Task 2. Having left the scene of the incident on the report of the committed hooligan actions, the investigator was faced with the need to inspect the apartment as the scene of the incident. Sorokina, who lives in this apartment, categorically objected to the inspection of her home.
What guarantees of the inviolability of the home are provided for by the Constitution of the Russian Federation and the Code of Criminal Procedure of the Russian Federation? What should an investigator do?
Option number 11
theoretical question . Grounds for applying preventive measures. The ratio of the grounds and goals of the application of preventive measures. Circumstances taken into account when choosing preventive measures.
Task 1. The accused Sukhov handed over to the investigator Znamensky a statement about his recusal. The statement indicated that several years ago Sukhov was convicted of causing grievous bodily harm to a relative of Znamensky, and therefore he fears that now the investigator will try to avenge him by investigating the case biasedly. Znamensky explained to the applicant that the question of his challenge was resolved by the head of the investigative body, where Sukhov should apply.
How to resolve this situation?
Task 2. The city court considered a criminal case on charges of burglary against Raikova. In the criminal case, there was a conclusion of a psychiatric examination, according to which Raikova is sane, but suffers from brain damage with symptoms of mental immaturity. At the hearing, Raikova refused the help of a lawyer, citing the fact that she confesses to committing thefts, and the lawyer will not be able to help her. The court granted her request.
Did the court do the right thing?
Option number 12
theoretical question . Grounds and conditions for the application of detention as a preventive measure. Application procedure. Initiation of a petition for the application of detention before a court. Consideration of the application by the judge.
Task 1. During the year, Kizimov and Shevelev committed several thefts of parts and components of vehicles belonging to the citizens of the Omsk region on the right of personal property, while using their vehicles to travel to the place of theft, deliver the welding machine there and transport the stolen goods.
What items can be attached to the case as material evidence? What measures can be taken in relation to material evidence in resolving a criminal case?
Task 2. Theft of goods was committed in the store, in connection with which a criminal case was initiated. The investigator, using operational-search data, during interrogation exposed Evdokimov for committing this crime. The latter confessed to the theft and called Fedorov and Klimov his accomplices.
During a search of Fedorov’s apartment, suits and other items from the store were found. Fedorov was detained by the investigator in accordance with Art. Art. 91, 92 Code of Criminal Procedure of the Russian Federation. A search in Klimov’s apartment did not give positive results. During the interrogation of Klimov, the investigator invited him to testify about his criminal activities. Klimov demanded to clarify what he was specifically suspected of, otherwise he would not answer questions. The investigator explained to Klimov that he was being interrogated as a witness, so the investigating authorities were not obliged to tell him what he was suspected of.
Determine the procedural position of Evdokimov, Fedorov and Klimov. Does the conduct of the investigator during the preliminary investigation in this criminal case comply with the criminal procedure law? What procedural rights could Klimov use during his interrogation?
Option number 13
theoretical question . Commitment to attend. Concept, basis, application procedure. Difference from recognizance not to leave and proper behavior.
Drive unit. Concept, basis, application procedure. Execution of the drive decision.
Task 1. In connection with a traffic accident that resulted in the death of a pedestrian, a criminal case was initiated. The hit-and-run driver and passenger fled, leaving the disabled vehicle at the scene. Initially, it was possible to obtain the most general information about these persons: men 30-40 years old, dressed in tracksuits.
The owner of the car, Igor Sergeyev, aged 35, was summoned for interrogation. What is its procedural status?
Task 2. Evaluate the following theoretical position.
“The prosecutor is obliged to prove his accusatory thesis. The prosecutor accuses A. of robbery. Since A., like every citizen, is presumed innocent until his guilt is proven, … the duty to substantiate the accusation, to prove A.’s guilt lies entirely with the prosecutor.
In this case, the accused may confine himself to a simple demand: “Prove that I am a robber, give me your evidence.” The prosecutor presents evidence, they are indisputable – it was A. who committed the robbery. The accused admits that he really took things from the victim, but claims that it was a pre-established staging, a joke. Now the situation is changing: since the facts that speak of robbery have been established, the prosecutor has nothing more to prove in this part. Now it is up to the accused (A.) to prove that it was not a robbery, but a joke. There has been a shift in the burden of proof. Such a transfer is possible many times as the judicial investigation unfolds, as the process develops.
Option number 14
theoretical question . Appointment of criminal proceedings. Purpose (tasks) of pre-trial proceedings and judicial proceedings in a criminal case.
Task 1. Naidenov, a graduate of a comprehensive school, was hired by ZAO Omskmebel as a loader. A few months later, at the suggestion of his father, he began to steal fittings, which they jointly sold to other furniture manufacturers. The crime has been solved. During the preliminary investigation, Naydenov was a minor. CJSC Omskmebel filed a civil suit for the recovery of the entire amount of the stolen goods.
Name the individuals and legal entities that should be recognized as civil plaintiffs and civil defendants.
Task 2. The materials of the criminal case contain: a) Citizen Yagrov’s explanation given by him to the district police officer in connection with the verification of the crime report in which he confessed to committing theft; b) protocol of surrender; c) Yagrov’s letter to a relative, written before the initiation of a criminal case on the theft, in which information about this crime was reported; d) protocol of interrogation of Yagrov as a suspect; e) protocol of the confrontation between the suspect and the witness; g) protocol for presenting material evidence to the suspect; h) audio recording of the interrogation of the suspect; f) an audio recording of an interrogation of Yagrov by a security officer, made behind the scenes immediately after being delivered to the police.
Which of the following information contains testimony as an independent type of evidence? Is the evidence (and what kind) the rest of the information?
Option number 15
theoretical question . Prosecutor. The concept, tasks and powers in the criminal process. The procedural position of the prosecutor in various stages of criminal proceedings.
Problem 1. Belikov, while visiting his friend Medvedev, took advantage of the fact that the owner of the apartment got drunk and fell asleep, and stole a video player.
Belikov’s friends, Sak and Alov, turned to the investigator with a request not to deprive Belikov of his freedom, since he has three children and a sick wife to depend on, but to choose a personal guarantee as a measure of restraint.
Satisfying the petition, the investigator issued a decision on the election of a personal guarantee in respect of Belikov as a measure of restraint. Sak and Alov got acquainted with the resolution and confirmed this fact with their signatures.
Has the investigator observed the procedural order for applying this measure of restraint?
Task 2. Korkia was brought to criminal responsibility by the investigator under paragraph “a” part 2 of Art. 105 of the Criminal Code. At the preliminary investigation, lawyer Fortman participated by agreement as his defender. Since the latter was busy for a long time in another lawsuit, Korkiya filed a motion to postpone the trial of his case until Fortman was released from defense counsel in that trial. The court did not agree with the defendant and appointed lawyer Varfolomeeva as his defense counsel. During the judicial investigation, Korkia, dissatisfied with the behavior of the defense counsel, having convincingly substantiated his position, refused the services of Varfolomeyeva and again filed a petition for an invitation as Fortman’s defender and a postponement of the hearing for 2-3 weeks.
Assess the actions of the court and the situation in terms of the principles of criminal justice.
Option number 16
theoretical question . Significance for criminal proceedings of the legal positions of the Constitutional Court of the Russian Federation, guiding explanations of the Plenum of the Supreme Court of the Russian Federation and decisions taken by courts in specific cases.
Task 1. The driver Kofto was charged with giving a bribe to the director of the car fleet Janos so that he was transferred to work on a new car. At the preliminary investigation, Kofto admitted his guilt in the crime, while Yanosh denied receiving a bribe from him. At the hearing, Kofto changed his earlier testimony and categorically denied the fact of giving a bribe. Janos remained in his former position.
The driver’s lawyer in his speech of defense stated that since during the judicial investigation the fact of giving a bribe to the director of the automobile fleet was irrefutably proven by Kofto, he was forced to admit the guilt of the defendant in the crime. However, citing a number of mitigating circumstances, the defense counsel asked Kofto to determine a measure of punishment not related to deprivation of liberty.
Assess the position of the defender. Does the defender have the right to an objective assessment of the deed committed by the client in accordance with his sense of justice? Will it be legal, and therefore morally explicable, for a lawyer to acquit a defendant if he is unquestionably guilty?
Task 2. The judge, on the basis of the investigator’s petition, chose a measure of restraint in the form of house arrest for Kapustin, accused of committing extortion. In the ruling, the judge pointed out that it is absolutely forbidden for the accused to leave the residential premises in which he lives, to communicate with all persons interested in the outcome of the case, to send and receive any postal and telegraphic items, to use landline and mobile phones, as well as the Internet. . The court assigned the execution of its decision to the head of the police department.
The defendant appealed against this ruling to a higher court insofar as it concerned the degree of restrictions imposed.
Evaluate the judge’s decision. What are the limits of restrictions to which the accused (suspect) is subjected to house arrest, which body exercises control over the execution of the judge’s decision? Can a higher court, without canceling the decision on house arrest, partially change the decision of the judge.
Option number 17
theoretical question . Providing the suspect and the accused with the right to defense: essence and meaning, normative basis. Stages (moments) of legal proceedings, from which the right to use qualified legal assistance arises. The rights of the subjects of the process, allowing them to personally protect themselves from criminal prosecution.
Task 1. By the decision of the court in relation to Startsev, who is suspected of committing a series of serious crimes, a measure of restraint in the form of detention was chosen. The Court of Appeal, checking this decision, satisfied the complaint of the suspect and released him from custody.
Upon release from the pre-trial detention center, the suspect was taken to the police department, where the investigator drew up a protocol of his detention, and he was placed in the temporary detention facility. The next day, Startsev was charged, and the investigator turned to the judge with a request to select a measure of restraint in respect of the accused in the form of detention. Having considered the petition of the investigator and the materials of the case, the judge ruled that a preventive measure in the form of detention should be imposed on Startsev.
Evaluate the actions of officials.
Task 2. While returning from school, a third grade student Artem Sotnikov was approached by two unknown persons and openly stole a new Nokia cell phone worth 12,000 rubles. The phone was purchased with money donated to Artem by his parents and grandparents over the course of two years on various occasions. A criminal case has been opened on this fact.
Who should be involved as a victim in this criminal case?
Will the situation change if Artyom’s father gave him his phone to use?
Option number 18
theoretical question . The concept and significance of the assessment of evidence. Freedom to assess evidence. Evidence Evaluation Rules. Recognition of evidence inadmissible. The ratio of verification and evaluation of evidence.
Task 1. Musaliev, who does not have a permanent place of residence and work, arrived in Omsk and settled temporarily in a private house. For several days, he helped his “compatriots” to sell fruit in the markets of the city. One day, during a hunting trip, he, having shown criminal negligence when handling a gun, wounded Nabiev in the head, causing serious harm to his health.
Investigating the criminal case on this fact, the interrogating officer filed a petition before the court for the election of a measure of restraint in respect of Musaliev in the form of detention. The prosecutor, having familiarized himself with the materials of the case, wrote on the petition for detention: “As a measure of restraint, choose a written undertaking not to leave.”
Evaluate the actions of the investigator and the prosecutor. What motives could the prosecutor be guided by?
Task 2. Shemyakin was accused of committing a robbery. His defense was carried out by lawyer Razumovsky. The investigator filed a motion before the court to select detention as a measure of restraint. Shemyakin, in turn, petitioned the investigator for admission to participate in the court session held in the manner
Art. 108 Code of Criminal Procedure, as another defender of his close relative. How should the investigator resolve the petition of the accused?
Option: The criminal case on Shemyakin’s charge was sent to court for consideration on the merits. In the trial, the defendant was represented by two defense lawyers: a lawyer and a relative. In connection with the presence of grounds, the criminal case was returned to the prosecutor to eliminate obstacles to its consideration by the court. When the investigator carried out investigative and other procedural actions, the relative of the accused was not allowed to participate in the case.
Evaluate the position of the investigator.
Option number 19
theoretical question . Conclusion and testimony of the expert. Subject of expertise. Assessment of the relevance, reliability and admissibility of the expert’s opinion. The subject and assessment of the expert’s testimony.
Task 1. An article with the following content was posted on the pages of Rossiyskaya Gazeta. Immediately after the end of the trial, which ended with an acquittal, the public prosecutor publicly told the media that the acquitted person was nevertheless guilty of a crime, and the prosecutor’s office would bring him to criminal responsibility. For these purposes, a cassation presentation will be submitted to a higher court. Here, in the newspaper article, it is indicated that the lawyer expressed indignation at the position of the prosecutor, who violated the principle of the presumption of innocence of the defendant, and stated that due to the frankly biased approach of the prosecution, the cassation instance was not entitled to satisfy such a presentation.
Give a legal assessment of the information in the press.
Task 2. Police officers, having left at 5 o’clock in the morning to the place where the burglar alarm was triggered, found citizen Vorovsky in the store, who was trying to escape with stolen things. At 5:30 a.m., the detainee was taken to the police station. At 8 o’clock the investigator opened a criminal case on the grounds of a crime under paragraph “b” part 2 of Art. 158 of the Criminal Code of the Russian Federation. Taking into account the circumstances of the deed and the personality of Vorovsky, the investigator decided: (option 1) to choose a written undertaking not to leave the place and proper behavior as a preventive measure; (option 2) choose detention as a measure of restraint, for which purpose file a corresponding petition with the court.
How in each of the above cases the requirements of Part 1 of Art. 92 of the Code of Criminal Procedure of the Russian Federation on drawing up a protocol of detention?
Option number 20
theoretical question . Other documents as evidence. Concept, meaning and evaluation. Difference between documents and material evidence.
Task 1. While defending the defendant Titov in court, the defense counsel filed a motion to challenge the public prosecutor. Distrust of the accuser is due to the fact that he is a second cousin (they have the same great-grandfather) of the investigator.
What decision should the court make on the application?
Option . The victim filed a motion to recuse the judge, since her husband is a lawyer, and the defense of the interests of the defendant is carried out by a member of the council of the bar of this subject of the federation. This circumstance, according to the victim, indirectly indicates the interest of the judge in the case.
How should this request be resolved? What is the procedure for resolving a motion to challenge the presiding judge and the public prosecutor?
Task 2. Do you have any comments on the content of the following grounds set out in the protocols for the detention of suspects:
1. “Underage Mariya Pavlovna Sadenko stated that Petrov tried to rape her. There are fresh scratches on Petrov’s face. The trousers he is wearing are stained with mud.”
2. “Detained for causing grievous bodily harm to his wife.”
3. “Committed a robbery, stole a mobile phone. Has no permanent residence.
4. “Suspiced of stealing goods from the Rechnik store on September 1, 2015, about which there is operational data.”
5. “When presented for identification, the victim M.S. Kozlova pointed to V.P. Astakhov, who on August 10, 2015 in the park, threatening with a knife, took away her gold watch and earrings.”
Option number 21
theoretical question . The arrest of a suspect. Concept and essence. The difference between criminal procedural detention and administrative detention. Purposes, conditions, grounds and motives for detention.
Task 1. In the criminal case on charges of embezzlement of Konev, along with other documents, there were:
1) an act of audit, in accordance with which a shortage of material assets was established in the store;