On some cases of implementation of criminal procedure legislation at the stage of investigation

Автор: Sidorova Ekaterina Z.

Журнал: Криминалистика: вчера, сегодня, завтра @kriminalistika-vsz

Рубрика: Уголовный процесс

Статья в выпуске: 1 (21), 2022 года.

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In this work, the author aims to comprehensively investigate the issue of legal relations arising during the preliminary investigation, including in such a form as a preliminary investigation, as well as to get acquainted with the violations of criminal procedural legislation allowed at the stage of the preliminary investigation. The author draws the reader’s attention to the fact that the activities aimed at the implementation of the preliminary investigation are based on the law and aimed at the implementation of legal regulations. Such activity is a key method in the fight against crime, the basis for educating the population in the spirit of the law and strengthening the rule of law in the country. But in those cases when criminal law norms are violated at the stage of preliminary investigation, for example, when a criminal case is initiated without sufficient grounds, this leads to legal injustice and aggravation of the crime situation. That is why it is especially important to pay attention to the issue of preventing violations of criminal procedural norms. In this regard, the author has attempted to propose ways to neutralize the violations committed in this area. The author draws attention to the general conditions of the preliminary investigation and identifies 9 main conditions: on the investigation, on the connection and separation of criminal cases, on the forms of completion of the preliminary investigation, on the obligation to consider the petitions of persons who are participants in the preliminary investigation, on the inadmissibility of disclosure of data obtained during the preliminary investigation, on the timing of the preliminary investigation, on investigation of a criminal case by an investigative team and more. Speaking about certain types of violations of the criminal procedure legislation committed at the stage of preliminary investigation, the author notes that if the domestic legislator fixes at the official level the concept of “significant violation of the criminal procedure law” and determines the criteria for the materiality of the violation, this will allow the law enforcement officer to focus on this concept and determine the nature of the violations committed, which will contribute to achieving the goals criminal proceedings.

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Criminal procedure code, preliminary investigation, violation of criminal procedure legislation, significant violations, investigator, victim, criminal case

Короткий адрес: https://sciup.org/143178600

IDR: 143178600

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