ON THE DIFFERENTIATION OF CONCEPTS «CRIMINAL PROSECUTION» AND «PROSECUTION»

The article touches upon the issue of the relationship and delimitation of the concepts of «criminal prosecution» and «accusation», as a problem of understanding the essence of the function of the prosecution in criminal proceedings, notes their ambiguous interpretation in science, as well as un-founded identification, considers the reasons for this, and provides arguments regarding independ-ence the concepts under consideration and the criteria for their delimitation. The opinion is substantiated that the accusation does not exist independently and not as the main function of the prosecution, but exclusively in conjunction with criminal prosecution; criminal prosecu-tion, like the accusation, are personalized institutions, since both of them are implemented in relation to a specific person.

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Publication Details

Journal
VESTNIK ADVANCED TRAINING INSTITUTE OF THE MIA OF RUSSIA
Published
2024-08-12
DOI
https://doi.org/10.29039/2312-7937-2024-2-97-100
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

ON THE DIFFERENTIATION OF CONCEPTS «CRIMINAL PROSECUTION» AND «PROSECUTION»

V.A. Gauzhaeva
VESTNIK ADVANCED TRAINING INSTITUTE OF THE MIA OF RUSSIA
Legal and Policy Issues
article

ON THE DIFFERENTIATION OF CONCEPTS «CRIMINAL PROSECUTION» AND «PROSECUTION»

V.A. Gauzhaeva
article en

Abstract

The article touches upon the issue of the relationship and delimitation of the concepts of «criminal prosecution» and «accusation», as a problem of understanding the essence of the function of the prosecution in criminal proceedings, notes their ambiguous interpretation in science, as well as un-founded identification, considers the reasons for this, and provides arguments regarding independ-ence the concepts under consideration and the criteria for their delimitation. The opinion is substantiated that the accusation does not exist independently and not as the main function of the prosecution, but exclusively in conjunction with criminal prosecution; criminal prosecu-tion, like the accusation, are personalized institutions, since both of them are implemented in relation to a specific person.

VESTNIK ADVANCED TRAINING INSTITUTE OF THE MIA OF RUSSIAVol. 0(2)
Peace, Justice and strong institutions
Openalex Percentile: Top 77%
Legal and Policy Issues
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