Year of Graduation
Features of Evidence in Pre-Trial Proceedings in Criminal Cases Against Minors
This graduate qualification work is devoted to the process of proof in investigation of criminal acts committed by the minors. In the Russian legislation, there is a special chapter in the Code of Criminal Procedure, which is devoted to the criminal procedure against minors. Obviously, minors are special subjects of criminal responsibility because of their emotional and psychological features. In this connection, the investigation of criminal acts committed by the minors should be carried out in the special order. As far as proof is the basis of the process of investigation, the main distinctions concern to it. The main distinction of this kind of procedure is an ultimate fact i.e. all circumstances which should be confirmed for the proper determination of the case. Beside common circumstances there are some special ones such as age, living and education conditions, intellectual level, personality traits and older peoples’ influence on the minor. There are also some other exceptions from the general rules which are distinguished in the Code of the Criminal Procedure of the Russian Federation. This includes the presence of additional participants in the investigation, special procedure for some investigative actions, etc. These provisions are based on the global standards of justice for juveniles, however, there are a number of problems and difficulties in process of investigation. In this connection lots of scholars and lawyers continue to study the issue. The presented work will consider the legislative-established features of proof in investigation of criminal acts committed by the minors and the problems of their practical implementation.