Analysis of some most common wording of indictments that restrict the right of defense

Stepanov-Yegiyants Vladimir Georgievich, Chekulaev Dmitry Petrovich

An article analyzes the most common wording of indictments, which are formulated mistakenly and significantly violate the right defense. The authors research four types of such violations, illustrating them with examples from legal practice. The necessity of strict compliance by investigative bodies of the rules of qualification of crimes is emphasized. The conclusion is made about the actual impossibility of eliminating erroneous wording of indictments while considering cases by the criminal court, which dictates the necessity of a return of a criminal case to a prosecutor according to article 237 of the Code of Criminal Procedure of the Russian Federation.

Keywords:accusation, indictment, right of the accused to defense, qualification of crimes, presumption of innocence, Article 237 of the Criminal Procedure Code of the Russian Federation.