RETURNING A CRIMINAL CASE TO THE PROSECUTOR: THEORY AND PRACTICE ISSUES

Abstract

This article analyzes the mechanism of returning a criminal case to the prosecutor, as regulated by Article 237 of the Russian Federation Criminal Procedure Code. The paper highlights key issues associated with the use of this mechanism: the lack of clear legal deadlines for correcting investigative deficiencies, the disproportionate frequency of returning cases due to minor errors in the indictment, the court's abuse of this mechanism, and other significant problematic aspects. The article also concludes with a discussion of potential improvements to legislation and law enforcement practices to ensure the effectiveness and legality of criminal proceedings.