To Be or Not to Be: The Institution of Charging with the Crime as the Accused

Charging an individual with a crime as the accused in the criminal proceedings of the Russian Federation constitutes a central stage of the preliminary investigation, to which the Russian procedural doctrine traditionally attributes significant, multifaceted legal importance. However, the evolution of criminal procedure, along with related scholarly studies, has considerably challenged what appeared to be the immutable positions of the institution of charging with a crime, questioning its pivotal role within the structure of pretrial proceedings. This has sparked a discussion within the academic community regarding the necessity for a radical reorganization of the procedure for initiating and presenting public criminal charges. The study examines and supports the approach of proponents advocating for the abolition of charging with the crime as the accused, arguing that it is superfluous, largely formal, and unjustifiably complicates the pretrial procedure, failing to serve the interests of justice. The author analyzes and refutes arguments pertaining to the opposing viewpoint, while presenting additional rationale supporting the transfer of the moment of presenting charges to the final stage of the preliminary investigation in a criminal case. It is proposed that the prosecutorial thesis be formulated once in the final document (indictment, act, or resolution) based on a comprehensive and thorough evaluation of the entire assembled evidentiary basis. The charges against an individual should be presented solely in their finalized form, subsequent to the approval by the prosecutor.

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