|
|
 |
to
content of issue |
|
Title |
Problems of the appeal of judgments by default |
|
Authors |
Proshlyakov Aleksey Dmitrievich, Doctor of
Sciences (Law), Professor of Criminal Procedure
Department, Urals State Law University,
Yekaterinburg, Russian Federation. 620137,
Sverdlovsk region, Ekaterinburg, ul. Komsomolskaya,
h. 21. E-mail: up@usla.ru
Merzlyakova Marina Viktorovna, Candidate of
Sciences (Law), Associate Professor of Criminal
Procedure Department, Urals State Law University,
Yekaterinburg, Russian Federation.. 620137,
Sverdlovsk region, Ekaterinburg, ul. Komsomolskaya,
h. 21. E-mail: up@usla.ru |
|
Section |
Civil and Criminal Procedure |
|
Issue |
6/2015 |
Page |
163-167 |
index UDC |
343.155 + 343.156 |
index LBC |
|
|
Abstract |
The article analyses the practice of revision of
judgments by default is carried out. It is noted
that provisions Criminal Procedure Code of the
Russian Federation about unconditional cancellation
of the correspondence decisions on the petition of
the condemned or his defender in a cassation order
are often treated as interfering the appeal appeal.
Groundless application ch.7 limits to Art. 247 of
the Criminal Procedure Code of the Russian
Federation for cancellation of the sentence decided
in the conditions of not notice of the defendant on
a place and time of court session the right of its
matter in a special order
of judicial proceedings accused for consideration or
court with participation of jurors. It is offered to
make changes to procedure of revision of the
correspondence decisions, having provided in
absentia condemned a choice: at discretion during
legislatively established reasonable terms to
exercise or the right for revision of a sentence, or
the right to submit the application for cancellation
of a judgment by default, having provided for
permission of such petition according to the pursued
purposes procedure. |
|
Keywords |
judgment by default, cassation production, appeal
production, violation of the criminal procedure law,
usual order of judicial proceedings. |
|
 |
You can access full text version of
the article |
|
|
to
content of issue |
|
