Designation of preliminary investigation in criminal proceedings

The role of preliminary investigation in solving the tasks of criminal proceedings is undeniable. In the doctrine of criminal procedure, there is now a tendency to link the designation of preliminary investigation to the provision of the court with a body of evidence sufficient to warrant a lawful, reasonable and fair sentence. This approach needs to be reconsidered in the light of the changes that have taken place in the organization of criminal proceedings. Purpose: to identify the actual designation of preliminary investigation based on the analysis of the contemporary structure of criminal proceedings in accordance with the principle of separation of powers. Methods: the methodological basis of the research is the dialectic method; in addition, general scientific methods of analysis, synthesis and a systematic approach are applied, as well as specific juridical methods: historical-legal, comparative-legal, legal interpretation and logical-legal. Results: the research concludes that the preliminary investigation is not for the court, but solely for the purpose of prosecution. The preliminary investigation is a procedural form of pre-trial preparation by the prosecution for the upcoming trial, providing the public prosecutor with evidentiary material, on the basis of which, the conclusion of the defendant’s guilt of a crime is argued in the course of the judicial investigation.