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Title

Grounds for initiation of a criminal case – comparative analysis of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of Kazakhstan

Author

Sivolova Anna Alekseevna

was born on September 9, 1988. In 2010 she graduated from Smolensk University of Humanities. Now she is a senior lecturer of Criminal Law and Procedure department of Smolensk University of Humanities. She is the author of 35 publications. Research interests: criminal law, criminal procedure. E-mail: aasivolova@rambler.ru.

Section

Problems and Questions of Criminal Law, Criminal Justice and Criminalistics

Abstract

The conclusion of the justice of the sentence announced according to part 40.1 of the Criminal Procedure Code of the Russian Federation depends on true knowledge of the subjective and objective parts of crime components inculpated to the accused of crime, confession of guilt by the defendant, confirmation of the validity of the case (to establish the issue), proved by the complex of evidence receiving universal, complete and objective assessment during case procedure as well as observance of the terms of signing pretrial immunity agreement by the accused.

Keywords

justice of the sentence, truth, pretrial agreement, confession of guilt, the validity of a case.

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