Judicial discretion as an element of developing judicial law
- 10.2991/ismge-19.2019.13How to use a DOI?
- сourts discretion, trial, judicial opinion, judicial conclusion
The article reveals the content of the concept of “court discretion in criminal proceedings”. The issues that concern the discretion of the court in the process of criminal proceedings are considered. It is proposed by legal empiricism to determine the proper degree and extent of court discretion in criminal proceedings. Judicial discretion is a functional system, which includes, on the one hand, enforcement of discretion at all stages of pre-trial and judicial proceedings, on the other hand, procedural discretion at a specific stage of the criminal process. This is because each stage of criminal proceedings is relatively independent and ends with the issuance of an interim or final decision on an unlawful (lawful) legal fact (criminal case). The current scheme of criminal justice suggests that the criminal procedure discretion as a system of objective and subjective factors is based on the general legal regime of all stages of pre-trial and judicial proceedings of the criminal process.
- © 2019, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Ekaterina Azarova PY - 2019/07 DA - 2019/07 TI - Judicial discretion as an element of developing judicial law BT - Proceedings of the 1st International Scientific Practical Conference "The Individual and Society in the Modern Geopolitical Environment" (ISMGE 2019) PB - Atlantis Press SP - 64 EP - 67 SN - 2352-5398 UR - https://doi.org/10.2991/ismge-19.2019.13 DO - 10.2991/ismge-19.2019.13 ID - Azarova2019/07 ER -