Criminal-legal and criminal-procedural problems of the termination of the crime provided by article 305 of the Criminal Code of the Russian Federation "Pronouncement of obviously unjust sentence, decision or other judicial act"

Автор: Kudryavtsev Vladislav Leonidovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Актуальные проблемы адвокатской практики

Статья в выпуске: 5 (42), 2019 года.

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Purpose: Research of problems of the termination of the crime provided by article 305 of the Criminal Code of the Russian Federation «Pronouncement of obviously unjust sentence, decision or other judicial act». Methodology: The formal-legal methods were used. Results: The article reveals the criminal-legal and criminal-procedural problems of the end of such a crime as the imposition of a deliberately unjust sentence, decision or other judicial act. It is established that the problems of determining the end of the main corpus delicti are associated with a different understanding of the moment when an unjust judicial act is rendered. This problem is considered on the features of «sentencing» or «ruling of sentence» in criminal proceedings. It is concluded that the main part of the crime is formal and is considered to be completed from the moment of signing of the unjust judicial act by the judge (judges). The qualified structure of a crime is formal-material. Novelty/originality/value: The article has a scientific value, representing a comprehensive analysis of the end of such a crime as the imposition of obviously unjust sentence, decision or other judicial act through criminal law and criminal procedure problems existing both in theory and in practice.

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Criminal law, crimes against justice, a crime, end crime, making a knowingly unjust sentence, decision or other judicial act, criminal process, sentencing judgment, court, trial practice

Короткий адрес: https://sciup.org/140244675

IDR: 140244675

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