Judicial discretion as an element of developing judicial law

DOI

10.2991/ismge-19.2019.13How to use a DOI?

Keywords

сourts discretion, trial, judicial opinion, judicial conclusion

Abstract

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.

Copyright

© 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/).

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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  -