The need to extend the prosecutor’s powers and regulate them clearly in pre-trial proceedings

Автор: Vasilenko Anna Andreevna

Журнал: Общество: политика, экономика, право @society-pel

Рубрика: Право

Статья в выпуске: 4, 2018 года.

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The study discusses the features of bringing a criminal prosecution by a prosecutor in pre-trial proceedings as the effectiveness of this process gives rise to justifiable doubts. In fact, the reason for non-fulfillment of this function by the prosecutor is the lack of legal means for bringing a criminal prosecution. The research notes that, nowadays, the role of the prosecutor in pre-trial criminal prosecution lies in his/her duty to contribute in every way to the prosecution by the preliminary investigation and inquest bodies created to that purpose. Such a role of the prosecutor does not meet his/her procedural status of the principal party to the criminal proceedings for the prosecution. Therefore, the author concludes that in order to overcome the current situation, the legislator should reconsider the prosecutor’s procedural status in pre-trial proceedings and modernize his/her powers. Thus, the prosecutor should be given the role of the procedural leader in a preliminary investigation. Such procedural status of the prosecutor as the head and coordinator of the activities of the parties to the criminal process for the prosecution will correspond to the tasks assigned to him/her in the modern adversarial criminal procedure in Russia. In particular, it is referred to the ongoing and full performance of the prosecution functions by the latter both at the stage of initiating a criminal case and during the preliminary investigation, as well as the effective criminal prosecution on behalf of the state.

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Prosecutor, prosecutor's functions, prosecutor's powers, criminal prosecution, pre-trial proceedings, procedural leadership of the investigation, adversariality

Короткий адрес: https://sciup.org/14932273

IDR: 14932273   |   DOI: 10.24158/pep.2018.4.12

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