Forensic issues and questions of interpretation of procedural rules in the course of proceedings in private prosecution cases

Proshin Vladimir Mikhailovich

The initiation and proceedings in criminal cases of private prosecution are based on the discretionary expression of the will of private persons in relation to procedural decisions entailing the initiation and termination of criminal cases. That is, the question of whether there are grounds for initiating a criminal case is decided by the subjective judgment of the applicants about the fact of violation of his rights and legitimate interests and the expression of will to initiate proceedings to protect these rights and interests. Due to this, the legislator assigned the obligation to provide information about the circumstances to be proved in a criminal case on the victim as a private prosecutor. There for, the peculiarity of the legal regulation of the initiation, consideration and termination of criminal cases of private prosecution is to ensure the restoration of the violated right and the protection of the legitimate interest of a private person through the formation of a procedural regime of this production based on the balance of private interests of the procedurally opposing parties.

Keywords:private prosecution criminal case; initiation and proceedings in a criminal case of private prosecution; proof; guilty person; crime event; victim; legal representative; private prosecutor; defendant; investigative authority; investigator; agency of inquiry; interrogator; attorney.