CERTAIN ISSUES OF IMPLEMENTATION OF PRE-TRIAL PROBATION IN CRIMINAL PROCEEDINGS

Abstract

The article is devoted to the coverage of individual and actual issues of pre-trial probation in criminal proceedings. It was emphasized that one of the urgent and unresolved issues at the moment remains the definition of the categories of criminal offenses in which the preparation of pre-trial reports is prescribed by the national courts according to the relevant decisions. It is noted that the application of probation measures by court decision, namely the system of supervisory and social-educational measures for persons who have committed criminal misdemeanors, is an essential preventive basis for preventing their further commission of criminal offenses. Therefore, the author's position is expressed that in relation to persons who have committed criminal misdemeanors, it is also advisable to prepare a pre-trial report according to the relevant court decision. The article analyzes the positions of domestic scientists regarding the expediency of involving representatives of the probation authority in the preparatory court session. It is noted that at present, taking into account the current legal model of the participation of representatives of the personnel of the probation body in criminal proceedings, their actual involvement at the preparatory stage of the trial is devoid of practical meaning, because the specified representative is authorized to submit a request to the court for familiarization with the materials of the criminal proceedings, only after adoption by the court of a decision to draw up a pre-trial report during the preparatory proceedings. Thus, the involvement of an authorized representative of the personnel of the probation body in the preparatory court session, under the conditions when this person is not familiar with the materials of the criminal case, is devoid of practical expediency. The article draws attention to the exceptionally positive context of the court's decision to draw up a pre-trial report, as meaningful data contained in it significantly increase the informational component of a criminal case in the context of its completeness and comprehensiveness, which ultimately affects the judge's inner conviction and his acceptance of a well-founded decision final decision in the case. Such decisions of judges, as the official statistical information shows, in the overwhelming majority consist in the application of alternative punishments to the deprivation of liberty and restriction of liberty to the accused.