A Principled Approach to the Reconciliation Procedure: Theory and Practice

Abstract

The article examines the problems of regulation and implementation of the provisions of the law on reconciliation in criminal cases. The interrelation of the norms of the institute of reconciliation with a number of principles of criminal procedure law is substantiated and it is concluded that the institution of reconciliation of the parties does not fully comply with the purpose of criminal proceedings and its principles such as the protection of human and civil rights and freedoms and the presumption of innocence. In this regard, the article proposes changes that it is advisable to make to the criminal and criminal procedure law, as well as to the guidance clarifications of the Plenum of the Supreme Court of the Russian Federation to eliminate such contradictions. So we consider it necessary: in the text of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 27.06.2013 N 19, to exclude the mention of the established guilt of the person against whom the criminal case is terminated in accordance with Article 25 of the Code of Criminal Procedure of the Russian Federation, and also to reflect the judgment that it is unacceptable for the law enforcement officer to allow formulations in the text of the resolution on the termination of the criminal case, indicating the proof of guilt the person against whom the decision to terminate the criminal case is made; from Articles 25, 213 of the Criminal Procedure Code of the Russian Federation, it is necessary to exclude an indication of the possibility of reconciliation with the suspect; part 2 of Article 42 of the Criminal Procedure Code of the Russian Federation should be supplemented with paragraph 4.1 of the following content "to reconcile with the suspect, the accused person in accordance with the procedure established by Article 25 of this Code"; paragraph 15 Part 4 of Article 47 of the Code of Criminal Procedure of the Russian Federation should be supplemented with the wording explaining to the accused the right to reconciliation in accordance with the procedure provided for in Article 25 of the Code of Criminal Procedure of the Russian Federation.