EFFECT OF THE BAN ON TURNING TO THE WORST IN THE STAGE OF THE CASSATION PROCEEDINGS IN THE CRIMINAL CASE

Abstract

Having undergone a number of metamorphoses, the institution of cassation has taken its place in the modern criminal procedure system. This is a system of mixed criminal proceedings, in which the court is traditionally active in establishing the factual circumstances of the case. In principle, the effect of the prohibition on turning for the worse at the stage of cassation proceedings has not changed. The general framework of this prohibition is outlined by law and has a solid foundation - judicial practice and doctrinal provisions. Revision and the prohibition to turn for the worse are part of such a cassation mechanism for verification, which has as its subject not only questions of the legal, but also the factual side of the case. The court of cassation, by virtue of the beginning of the revision, is obliged to identify errors made in the course of criminal proceedings at lower stages. They also include such errors, the correction of which by the court itself or by the lower courts and the preliminary investigation bodies may lead to a transformation for the worse position of the person against whom the final judgment was issued. The system of exceptions to the prohibition on turning for the worse remains, although it has undergone a formal and substantive modification, in particular, instead of sending a criminal case by the court of cassation for a preliminary investigation, there is now a return of the criminal case to the prosecutor. For some points, we can even talk about the strengthening of revision and the weakening of the prohibition on turning for the worse at the stage of cassation proceedings.