Once again on the functions of the investigator and interrogator

The article examines the debatable issue of the functions of the investigator and the interrogator in their preliminary investigation, in particular, the distinction of such functions as criminal prosecution, investigation and fact finding. It is argued that these are three different functions, as they differ in essence, goals, objectives and content, although they are closely interrelated. The author considers some points of view of procedural scientists on the topic under study, sets forth his vision of the problem. Arguments are given against the inclusion of the defense function in the list of functions of the investigator and the inquirer by the procedural scientists. It is emphasized that these participants of criminal proceedings cannot carry out the function of defense, which is aimed at refuting or mitigating the charge, because the investigator and the interrogator can’t simultaneously accuse and defend the suspect or the accused. They are inherent in the human rights function, focused on the observance and protection of the rights, freedoms and legitimate interests of subjects involved in pre-trial proceedings.