The investigator's discretion by qualification causing death on an imprudence

Abstract

This article is devoted to the questions of qualification of causing death on imprudence (Art. 109 of the Criminal Code of the Russian Federation), evaluation of the subjective party of a crime. On the example of concrete criminal case by the author basic elements of the corpus delicti provided by are analyzed the 2nd part of the Article 109 of the Criminal Code of the Russian Federation (further CC of RF). The author is solidary with the other researchers that the subjects of discretion in the criminal law (application of the criminal legislation) can act the body of inquiry, the chief of division of inquiry, the investigator, the head of investigative body, the investigator, the prosecutor, the court. Activity of these subjects is always dressed in a procedural form as their decisions on application of the criminal law are fixed in the procedural acts.