The problems of implementing the procedural independence of the investigator and the ways to solve them

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One of the central problems is the need to achieve a balance between the procedural independence of the investigator and control by the supervisory authorities. In fact, the investigator's excessive dependence on the prosecutor and management may lead to a decrease in the quality of the investigation, since the investigator may act in accordance with instructions, and not in the interests of establishing the truth. This, in turn, may violate the rights of suspects and victims, leading to distortions in criminal proceedings. This article examines in detail the problems of implementing the procedural independence of the investigator, as well as the consequences that may arise due to the absence of this institution of law in the legislation. Concepts have been developed to improve the criminal procedure system in the field of preliminary investigation, which will strengthen the procedural status of the investigator, reduce the influence of external factors on the course of the investigation and ensure.

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Criminal proceedings, investigator, procedural independence, prosecutor, head of the investigative body

Короткий адрес: https://sciup.org/170207215

IDR: 170207215   |   DOI: 10.24412/2500-1000-2024-9-3-218-221

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