SEPARATION AND CONNECTION OF CRIMINAL CASES AT THE PRELIMINARY STAGE HEARING

  • L.G. Tatyanina
    • Udmurt State University
Keywords: pre-trial hearing, allocation of criminal case, connection, decision-making, grounds, parties, order

Abstract

The article deals with the debatable issues of connecting and separating criminal cases in preparation for a court session. Despite the fact that the legislator provided for the possibility of making these decisions, many issues related to their implementation remained unresolved, so it became necessary to determine the grounds and conditions for making a decision to combine and separate criminal cases at a preliminary hearing. The article highlights the problems that arise in connection with the consideration of applications for joining and separating criminal cases. The author formulated conclusions on the settlement of problems arising during the consideration of these issues, and proposed a procedural procedure for their consideration at a preliminary hearing. The article defines the grounds and conditions for consideration at a preliminary hearing of questions about the connection and separation of criminal cases. It is argued that it is possible to consider applications for joining and separating a criminal case only in a closed court session in order to ensure the preservation of evidence obtained during pre-trial proceedings, and the inadmissibility of disclosure of information before the consideration of the criminal case on the merits in the court of first instance.

References

Received 2020-04-12
Published 2020-06-26
Section
Jurisprudence
Pages
445-450