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Title

Addition to the question on the order of criminal cases proceeding in the Apeal Court

Authors

Darovskih Svetlana, doctor of law, associate professor, the chair of the Criminal Trial and Criminalistics, the law faculty in SUSU. 454080, Russian Federation, Chelyabinsk region, Lenin street, house 75. E-mail: darsvet@mail.ru

Lisitskaya Ekaterina, postgraduate of the Criminal Trial and Criminalistics, of the law faculty SUSU. 454080, Russian Federation, Chelyabinsk region, Lenin street, house 75. E-mail: kemma.li@mail.ru или e.lis.dm@yandex.ru

Section

Criminal legal doctrine

Issue

2/2013

Page

165-168

index UDC

343.13 + 343.985 + 343.156.2

index LBC

Х711.11 + Х410.215

Abstract

The article contains the analysis of criminal procedure legislation norms which recommend orders to consideration of criminal cases by the Appeal Court. Special attention is paid to the procedural state of judges members of team proceeding cases in the appeal orders. Authors focus on essential reaching full realization of free proof assessment principle by all judges of the court team. It’s a matter of doubt whether it’s reasonable when only one judge-speaker studies the case according the Law’s requirement to pass a legal, well-founded and impartial sentence. Authors provide references to make changes in the Criminal Procedural Code of Russian Federation concerning the orders of criminal cases proceeding at the Appeal Court, there under the analysis of criminal procedural norm.

Keywords

the appeal instance, the judge-speaker, the appeal, the full realization of free proof assessment principle.

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