Initiation of the Institute of Criminal Offenses in the Context of Reforming the Preliminary Investigation System in Ukraine

Abstract

On the basis of the analysis of the legislation development, law enforcement practice, doctrinal approaches and foreign experience, the perspectives of introduction of simplified procedure of pre-trial investigation in Ukraine were expressed. The purpose of the article is to elucidate the historical background and to analyze the foreign experience of the simplified criminal procedure. It is noted that simplified criminal proceedings have been known since Roman times, where the offenses were divided into crimes, torts and misdemeanors. Subsequently, under the influence of Roman law, the institute was enshrined in the legal systems of most countries, including the Romano-German legal family. In the USSR, the differentiation of the criminal procedural form was reduced to protocol proceedings for certain non-serious crimes. Simplified proceedings, in varying legal interpretations, are now being successfully applied in criminal proceedings in the United Kingdom, the United States, France, Germany, the Czech Republic and other countries. By The Law of Ukraine «On Amending Certain Legislative Acts Concerning Simplification of Pre-Trial Investigation of Certain Categories of Criminal Offences» (No. 2617-VIII of November 22, 2018) the Institute of Criminal Offenses in the domestic legal field was introduced.  This Law clearly delineated the categories of criminal offenses, agreed on terms of trial for criminal offenses; determined the status of subjects authorized to conduct pre-trial investigation in the form of inquiry; specified list of procedural means of evidence collection and procedure for applying convictions of offenders, etc. The scientific novelty of the article is the problematic issues of introduction of the Institute of Criminal Offenses in Ukraine which is highlighted and separate steps that are proposed to solve them. At the same time, many legal provisions (at the level of the Draft Law) have been «an Apple of Discord» for a large number of specialists. For example the definition of the basic concept of criminal misconduct and procedural regulation of pre-trial investigation in the form of inquiries to purely practical issues, in particular the development of algorithms for actions of investigative bodies in connection with the transfer of criminal investigations that have already been started, as well as the role of prosecutors and judges during the preparation, transfer and adoption of indictments. The opponents of the Law also believe that for a simplified investigation procedure it will now be sufficient to admit guilt to a person who has not even been provided with qualified legal assistance. According to the results of the study, conclusions are made. Thus, an important step towards the entry into force of the Law is to prepare and adopt so-called «point-by-point» changes to almost a hundred other Laws and by-laws, not just procedural ones. Therefore, solving the problems of introducing a simplified procedure for pre-trial investigation in Ukraine requires in-depth scientific analysis, based on the combined efforts of scientists, practitioners and representatives of public authorities.

Keywords: criminal offense; inquiry; pre-trial investigation; law enforcement agencies; National Police; police training system.