Termination of the criminal case: issues of prosecutorial supervision

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The article analyzes the problems associated with ensuring prosecutorial supervision of compliance with federal legislation by the preliminary investigation bodies upon termination of a criminal case. The analysis of the norms of criminal procedure legislation regarding the implementation of prosecutorial supervision in the activities of the investigation is carried out, mechanisms for improving the supervisory and control activities of the preliminary investigation bodies are proposed. The authors note that a number of procedural issues in the implementation of prosecutorial supervision prevent the fulfillment of its functional purpose in full. Thus, the prosecutor acquires the right to respond to violations of procedural and other norms during the preliminary investigation upon termination of a criminal case only after receiving a copy of the investigator's decision, then he needs to prepare a reasoned decision on conducting an additional investigation, then within 14 days after requesting and receiving the case materials to study them in order to further state specific circumstances, subject to additional investigation, and send them to the head of the investigative body, this significantly lengthens the deadline for making a final decision, takes time away from the investigator, the prosecutor, and the head of the investigative body.

termination of a criminal case and criminal prosecution \ departmental control \ preliminary investigation bodies \ pre-trial proceedings \ head of the investigative body \ investigator

Short address: https://sciup.org/14136400

IDS: 14136400   |   UDC: 343.135   |   DOI: 10.23672/SAE.2023.71.35.009