Prohibition of Improper Conduct in a Set of Principles of Criminal Procedure

Abstract

The article focuses on the principle of prohibiting unlawful behavior, which is a new addition to the principles of criminal procedure. It emphasizes the importance of studying this principle as it often occurs that individuals involved in legal proceedings either abuse their rights or fail to fulfill their responsibilities. This can disrupt the normal flow of proceedings and negatively impact the legitimate interests of other participants, such as the right of the victim to receive timely compensation for the crime committed against them. The prohibition of illegal behavior extends beyond the abuse of rights to include the failure to fulfill obligations specified by law.

It is justified to impose negative consequences on individuals who engage in abusive actions during criminal proceedings in order to prevent further misuse of their rights. The assessment of a private participant's actions as an abuse of rights should be based on factual evidence by the governing body conducting the proceedings. However, it is important for the governing body to exercise its powers responsibly and prevent the abuse of discretionary rights, which could unreasonably limit the rights of individuals involved in the proceedings.