DOES IT MAKE SENSE FOR THE ACCUSED (SUSPECT), DEFENDANT TO ADMIT GUILT IN COMMITTING A CRIME IN THE CONTEXT OF THE CURRENT CRIMINAL AND CRIMINAL PROCEDURE LEGISLATION OF THE RUSSIAN FEDERATION?

Author(s): Serednev V.A.

Rubric: Criminal law and criminalistics

DOI: 10.21777/2587-9472-2020-2-65-73

Release: 2020-2 (24)

Pages: 65-73

Keywords: confession of guilt, confession, evidence, suspect, accused, defendant, court

Annotation: According to the author, today, both the institute of “confession” and “confession of guilt” in the commission of a crime cannot fully ensure the interests of the accused (suspected), defendants. It is proposed to make legislative adjustments: in Art. 15 of the Criminal Code of the Russian Federation, where to indicate the term of punishment, depending on the nature and degree of public danger of the act, which cannot be exceeded in the event of a “confession”. In clause “i” part 1 of article 61 of the Criminal Code of the Russian Federation, after the words “obtained as a result of a crime”, add: “affects the appointment of a sentence in accordance with Art. 15 of the Criminal Code of the Russian Federation”. Based on the definition of evidence specified in Part 1 of Article 74 of the Criminal Procedure Code of the Russian Federation, to consider “a confession” not only as a reason to initiate a criminal case, but also information subject to proving in a criminal case. Part 2 of Art. 74 of the Code of Criminal Procedure of the Russian Federation, as evidence, add – “a confession, after the initiation of a criminal case”. The essence of the “confession of guilt” must be reflected in Part 1 of Art. 314 of the Code of Criminal Procedure of the Russian Federation, after the words “declare their agreement with the charges brought against him and”, add the phrase “confession of guilt”.

Bibliography: Serednev V.A. DOES IT MAKE SENSE FOR THE ACCUSED (SUSPECT), DEFENDANT TO ADMIT GUILT IN COMMITTING A CRIME IN THE CONTEXT OF THE CURRENT CRIMINAL AND CRIMINAL PROCEDURE LEGISLATION OF THE RUSSIAN FEDERATION? // Journal of Legal Sciences. – 2020. – № 2 (24). – С. 65-73. doi: 10.21777/2587-9472-2020-2-65-73