THE REASON FOR THE DEATH OF A PERSON IN CASE OF REFUSAL OR TERMINATION OF OFFICE WORK: PROBLEMS AND SOLUTIONS
Keywords:
death, a person who committed a criminal act, termination of a criminal case, refusal, death of a suspect, a close relativeAbstract
This article discusses the procedural problems associated with the refusal or termination of proceedings in connection with the death of a person, as well as aspects of the legal regulation of these issues. The article also discusses the problems associated with the fact that the procedural status of the person to be brought as an accused in a criminal case was preserved in the legislation at the time of his death, but there was no further mechanism for resolving the case of his death during the pre-trial investigation and during the procedural period associated with the status of the person as a suspect and the subject of a legal conflict. The existing legal gap in the application by civil courts to the Criminal Procedure Legislation of the legal consequences of recognizing persons as deceased has been studied both theoretically and practically. According to this analysis, proposals have been developed for amendments and additions to the relevant legislative and by-laws to improve legislation. The article also systematically presents the state and analysis of the reflection in the legislation of the legal consequences associated with the deaths of individuals. The study used such methods as analysis, synthesis, induction, deduction, and comparative legal analysis. The research work analyzes advanced foreign experience, scientific and theoretical views, and investigative and judicial practice.
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