GROUNDS FOR THE REVIVAL OF THE INSTITUTION OF THE COURT’S RETURN OF A CRIMINAL CASE FOR ADDITIONAL INVESTIGATION

Correcting mistakes made both at the pre-trial stages of criminal proceedings and during the consideration of criminal cases by the courts is not a whim of the investigator, prosecutor, judge, other participants on the part of the defense or prosecution. This is a necessity universally recognized by society and the state. It is impossible to avoid mistakes in any area of human life. This also applies to criminal proceedings. One of the institutions that allowed correcting many mistakes while respecting the rights and interests of the participants in the process was the institution of returning criminal cases by the court to the prosecutor for additional investigation. However, the Criminal Procedure Code of the Russian Federation, which has been in force since July 1, 2002, did not provide for this institution. For this reason, a number of problems have arisen that have not been resolved to date. The article analyzes these problems, main causes of their occurrence are considered, another proposal is made to revive this institution in the criminal process of Russia.