Establishing Factual Circumstances as the Condition of the Court’s Recomittment of a Case for Strengthening the Prosecution
The article examines the peculiarities of the court’s decision to recommit the criminal case for bringing a more severe charge against the accused. The author substantiates the court’s right to recommit the case to the prosecutor for strengthening the prosecution only after establishing the factual circumstances indicating the necessity to qualify the accused’ actions as a more serious crime. It is stated that the court has appropriate procedural instruments at its disposal to establish the circumstances of the case under consideration. The author gives a negative assessment to the widely used law enforcement practice of recommitting criminal cases immediately after revealing the prerequisites of such qualification. In these cases the burden of substantiating a more severe charge is taken by the investigators and means additional investigation of the circumstances of the case. Basing on the legal positions of the Constitutional Court of the Russian Federation the author refutes the constitutional character of additional investigation on criminal cases submitted to the court.