Actual problems of pre-trial investigation
Keywords:
pre-trial investigation, the statement, message, criminal offense, check, the investigator, the prosecutor, the decision
Abstract
The article examines the need to change the procedure of early pre-trial investigation. The author highlights that many experts criticize the elimination of such stage of the criminal process as criminal proceedings, made by the Verkhovna Rada of Ukraine in 2012. Adopting a new Criminal Procedure Code of Ukraine by the Parliament has limited the opportunities to protect the rights and freedoms of both victim and suspect. The article emphasizes the fact that abolition of the stage of criminal proceedings denies the citizen’s right to appeal criminal case against him. This is due to absence of documents that may be appealed. In such a way, the government can actually carry an infinite number of cases against its citizens, it is enough just a Crime Incident Report, even false one, received from any person. The absence of a special act that states the initiation of a criminal case is capable of negatively affect the validity of the investigation and the timing of the investigation, which may prolong it excessively. Victims cannot effectively control the process of investigation and, therefore, protect their rights and freedoms Today only 36 % of registered applications and criminal offense reports contain sufficient data on criminal offenses for which a full investigation is carried out. However, in regards to other statements and reports that do not contain this information, the investigator’s decision is to close those criminal proceedings under Article 284 of the Criminal Code of Ukraine. Hence investigators have to spend time on statements and reports verification that show no signs of criminal offense. This in turn overloads investigators and significantly affects the quality of the preliminary investigation. Examine and plan details the investigation they did not have time. After studying the subject, author concludes that investigator and prosecutor, after examining the application or notification of a criminal offense has to make a ruling on pre-trial investigation or to refuse it.Downloads
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How to Cite
[1]
Skulysh, Y. 1. Actual problems of pre-trial investigation. Scientific Herald of the National Academy of Internal Affairs. 102, 1 (1), 215-222.
Issue
Section
Law enforcement activities
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