ON THE ISSUE OF THE APPLICATION OF PROCEEDINGS CARRIED OUT IN THE ABSENCE OF THE ACCUSED

Authors

DOI:

https://doi.org/10.46991/S&L/2022.94.148%20

Keywords:

Proceedings in the absence of the accused, the retroactive force of the law, waiver of the right, the emergence of a legal relationship

Abstract

The article considers the question of whether the procedure of proceedings carried out in the absence of the accused can be applied in criminal cases in which the proceedings were initiated before the entry into force of the norms regulating the said proceedings. The author, based on legislative regulations, judicial practice and opinions expressed in the theoretical literature, proposes a solution that will make possible the uniform application of the law and ensure the unity of practice.

Author Biography

Petik Mkrtchyan, State Revenue Committee of the RA

PhD Student at the YSU Chair of
Criminal Proceedings and Criminalistics,
Deputy Head of the Legal Departmentof
the State Revenue Committee of the RA

Published

2023-02-21