UDK: 343.9

Oleg Al. Antonov - Candidate of Law, associate professor of the department ‘Criminal law, criminal procedure and criminalistics’ of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the main issues related to the criminal procedural regulation of such a pretext for initiating a criminal case as an acknowledgement of guilt. The author has analyzed the forms of personal appeal to law enforcement agencies and the procedure for guilt acknowledging. There has been expressed an opinion on the advisability of warning a person who has confessed on criminal liability for knowingly false reports. The author has proposed to draw up a protocol for accepting an application in all cases of acknowledgement of guilt, including those submitted in writing. The paper has also determined that the introduction of a provision on the mandatory presence of a lawyer when registering an acknowledgement of guilt is premature. There has been formulated a proposal to improve the norms of the law governing the procedure of an acknowledgement of guilt in the following way: there must be an audio or video recording when accepting and registering an acknowledgement of guilt in all cases.

Keywords: criminal procedure; acknowledgement of guilt; criminal proceedings; initiation of criminal case; a statement of a crime; a frank avowal of guilt; reasons for initiating a criminal case; transport offences.

References:

1. Borisov, A. V. O nekotorykh problemakh proizvodstva doznaniya po ochevidnym prestupleniyam na ob"yektakh transporta [On some problems of the production of inquiries on obvious crimes at transport facilities] / A. V. Borisov // Transportnoye pravo i bezopasnost'. ― 2017. ― № 9(21).