The district court of Nizhny Novgorod region received criminal

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Uploaded: 08.01.2012
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The district court of Nizhny Novgorod region has received a criminal case on charges Kabanova in committing an offense under Part 3 of Art. 159 of the Criminal Code. Taking into consideration the request of the defense to exclude evidence - protocol of the search, the judge held a preliminary hearing, the results of which dismissed the criminal case.
This judgment was appealed by the public prosecutor on appeal to the Nizhny Novgorod regional court as unlawful. In particular, in its submission, the public prosecutor pointed out that during the preliminary hearing in the courtroom were unauthorized persons - students of the law department of the Nizhny Novgorod State University, which took place in the court of trial practice. In addition, the judge rejected the petition of the prosecution to call in a preliminary hearing of witnesses that could confirm the validity of the search produced. And finally, the decision to appoint a court session, the judge took in the courtroom, saying that its decision does not establish the law of right, in what order (secret or vowels) should make such a resolution.
Moreover, the public prosecutor pointed out that by stopping a criminal case, the court went beyond its powers, as the defender of the application of a preliminary hearing did not concern dismissal, but only to exclude the evidence.
1. Assess the validity of the arguments contained in the submissions of the public prosecutor. 2. What decision should accept the appeal court, having considered this submission. Explain your answer.

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