On the question of the correlation of the functions of the prosecutor at the pre-trial stage of criminal proceedings

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The article considers certain aspects of the correlation of the prosecutor’s function at the pre-trial stage of the criminal process, in particular, analyzes the points of view of various authors on the question of the identity of the functions of criminal prosecution and prosecutor’s supervision. Strengthening the supervision of the procedural activities of the preliminary investigation bodies and expanding the scope of powers in the implementation of criminal prosecution, taking into account the amendments proposed by the author to the legislation, will allow the prosecutor to implement the provisions of art. 37 of the Criminal Procedure Code of the Russian Federation, the function of criminal prosecution, in full.Within the framework of the topic under study, the author’s attention is also drawn to such a form of supervision as checking the legality of the detention of detainees in temporary detention centers and pre-trial detention centers. Analysis of the current legislation and statistical data on the state of legality in the field of protection of the rights of citizens detained on suspicion of committing crimes and when choosing a preventive measure in the form of detention, allowed the author to come to the conclusion that it is necessary to improve the legislation in this area.

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Prosecutor's supervision, criminal prosecution, criminal proceedings, pre-trial stage, preliminary investigation, suspect, preventive measure, legality of detention

Короткий адрес: https://sciup.org/140261770

IDR: 140261770   |   DOI: 10.51980/2542-1735_2021_3_32

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