Need of differentiation of powers of the body of inquiry and the investigator in the criminal proceedings

Бесплатный доступ

The article deals with the delineation of the terms "inquirer" and "inquiry agency". The investigator and the body of inquiry are independent participants in the criminal proceedings. However, when examining the term "inquirer" it is revealed that he may be a person who has criminal procedural powers by force of law, as well as a person who is entrusted with criminal procedural powers by the head of the body of inquiry, which is not reflected in the law. An attempt is made to clarify the concept of "inquirer". In order to establish their differences, the powers enshrined in the norms of the Code of Criminal Procedure are analyzed. The production of urgent investigative actions in practical activities is entrusted to the investigator. The proposals to amend Art. 41 of the Code of Criminal Procedure of the Russian Federation on the need to expand the powers of the investigator in criminal proceedings, are made.

Еще

Inquiry body, inquirer, authority, inquiry, urgent investigative actions

Короткий адрес: https://sciup.org/147150186

IDR: 147150186   |   DOI: 10.14529/law170406

Статья научная