Pretrial investigation
"Even with economic and technical points of view departmental investigation has a significant advantage over" only "investigation, because fewer funds for its maintenance. It is optimal in structure, organizational excellence, procedural regime personnel, investigating powers up the machine. You must use all opportunities for further strengthening and improvement "[13, c. 58]. There is also no reason to spark new debate about the contents of the Constitution of Ukraine the term "preliminary investigations", to construct it as something that is different from the preliminary investigation [9, c. 6]. Putting this term the Constitution does not raise the question of changing the legal status of the investigator, but only specify specify the name of this important type of human activity. It should agree with S. Alpert, who believes that this and only this sense is seen introducing the legislation the term "preliminary investigations", which in terms of its content does, in fact, no different from the term "preliminary investigation". Speaking of "reforming" the investigation, we must remember that the investigating unit - a specific organization is sensitive to all sorts of "revolutionary" alterations that can destroy the whole basis of its normal functioning. That is why an organization called the state institutions must be built only on solid scientific grounds. The same applies to the development of inquiry.
3. DOSUDOVE investigation: investigative jurisdiction, TERMS
preliminary investigation criminal jurisdiction
Pre-trial investigation - criminal-procedural activity impaired by the investigator and admitted him to his criminal case proceedings, which has included in the collection, testing, inspection, assessment and use of evidence, establishing the objective truth , investigative proceedings and other proceedings and independent enforcement authority to protect the rights and interests of human, natural and legal persons, creating conditions for fair pravosudtsya. Pretrial investigation is investigating prosecutors, investigators rhansh Internal Affairs investigation of the tax police and investigators of the Security Service of Ukraine, preliminary investigations designed to solve or create conditions for further decision by the court most important task - to ensure fairness and all other objectives of criminal proceedings. Investigative jurisdiction - a set of statutory signs of criminal cases, according to which set specific investigatory authority competent provadzhuvaty preliminary investigations. There are substantive (the family), personal, alternative, territorial investigative jurisdiction and investigative jurisdiction over Communications Minister. Preliminary investigations in all cases, except in cases of crimes referred to in paragraph 1 of Article 27 and Article 425 of this Code, for which preliminary investigations in cases where a crime is a minor or a person who because of their physical or mental disabilities can not itself exercising their right to protection, and when it deems necessary or court prosecutor. Begin conducting pre-trial investigation is conducted only after the criminal case and in the manner prescribed by this Code. The investigator shall immediately proceed to the investigation proceedings initiated by him or in cases brought before it.
When it instituted the investigator and approved by him to his execution, it is the only decision to institute proceedings and taking her to his proceedings. In the case of self-referral had been raised earlier investigators shall render a separate decision on acceptance of self-referral. Copy of the adoption of self-referral investigator overnight sends prosecutor. Place conducting pre-trial investigation conducted in the area where the offense was committed. When the crime is unknown, as well as to the most rapid and complete investigation of his investigation may be conducted at the place of crime detection or location of the suspect, accused, or at home most of the witnesses or the prosecutor, by definition. Investigator, finding that the case he was not under investigation, must make all emergency actions, and then refer the case to the prosecutor to direct it to the investigative jurisdiction investigator may conduct investigations in other investigative areas and the right to authorize the conduct of these actions appropriate investigation or inquiry body who must perform this task in ten days. In the city or area, though divided into several stations investigation, the investigator shall personally carry out all investigations. Proceedings in the trial by several investigators if the investigation is particularly complex case charged with several investigators, the matter is stated in the ruling on institution of proceedings or submitted a separate statute. One of the investigators assigned a senior, he takes his case to the proceedings and directly controls the behavior of other investigators. Resolution appointing several investigators in the case declared the accused.
The pre-trial investigation in criminal cases must be completed within two months. During this period included the time since the initiation of proceedings before sending it to the prosecutor a guilty finding or decision to refer the case to the court to consider the application of forced medical measures or the closure or suspension of the proceedings. This period may be extended by the district, city prosecutor, a military prosecutor Army fleets, garrisons and equated the prosecutor failing to complete the investigation - to three months. In a particularly difficult period for pre-trial investigation established by part 1 of this article may be extended by the Prosecutor of the Autonomous Republic of Crimea, the regional prosecutor, the prosecutor of Kyiv, the military district attorney, Navy and equaled to the prosecutors or their deputies on the basis of a reasoned decision of the investigator - to six months. Further continuation of the pre-trial period can only in exceptional cases, Prosecutor General of Ukraine and his deputies. When returning a court case for doing further investigation and recovery term closed cases additional investigation determined prosecutor who oversees the investigation, within one month of acceptance of the proceedings. Further continuation of this term shall be on a general basis. These preliminary investigation can be declared only with the permission of the investigator or prosecutor and in the extent to which they recognize as possible. If necessary, the investigator warns witnesses, victim, civil plaintiff, civil defendant, counsel, experts, specialists, translators, witnesses and other persons present during the investigation proceedings, the duty not to divulge information without his permission preliminary investigation. Those responsible for pre-trial disclosure bear criminal responsibility under Article 387 of the Criminal Code of Ukraine. On the decision taken by the investigator or prosecutor during the pre-trial proceedings in cases referred to in this Code, and when it deems necessary investigator or prosecutor, is a reasoned decision. The resolution shall specify the place and time of its making, the officials, who shall rule, its name, the case in which the investigation is conducted, and justification of the decision, and article of this Code, under which the decision.
Status of investigator investigator - participants of criminal proceedings, which adopted pursuant to law for his criminal proceedings and solves the problem of the criminal process through investigation functions. Procedurally independent investigator in the activity eruyetsya law. Powers of pre-trial proceedings slidchoho.Pry all decisions about directing the investigation and the proceedings investigative investigator shall independently, except when the law provides for obtaining consent from the court (judge) or the prosecutor, and has full responsibility for their legitimate and timely implementation. In case of disagreement with the instructions of the investigating prosecutor on arraignment of the accused, on the qualification of the crime and the amount of charge, on sending the case for the accused to a solemn trial or the case investigator has the right to bring the matter to the superior prosecutor a written statement of its objections. In this case, the prosecutor or the prosecutor cancels subordinate guidance, or instructs the trial proceedings in this case to another investigator. Investigator investigated him for giving authorities the right to order the inquiry proceedings and to instruct detective and investigation and to request the assistance during the inquiry proceedings separate investigation. These orders and instructions of the investigator for investigation bodies is required. In cases in which pre-trial investigation is required, the investigator has the right at any time to begin pre-trial proceedings, without waiting for execution by the actions of inquiry under Article 104 of this Code.
Terms investigator made according to law in a criminal case, which is in its proceedings is mandatory for all enterprises, institutions and organizations, officials and citizens. In a different investigation investigator may use the typing, audio transcription, Filming and recording powers of the chief investigator of the Investigation Department Head oversees the timely action by investigating the disclosure of crimes and prevent them and take measures to the most complete, thorough and impartial pretrial proceedings investigation in criminal cases. Chief of the Investigations Division has the right to review criminal cases to instruct the investigator on the pre-trial proceedings, the arraignment of the accused, on the qualification of the crime and the amount of charge, on sending the case, the proceedings of certain investigative actions, transfer case from one investigator to another, assign the investigation to several investigator, as well as participate in pre-trial proceedings and personally conduct pretrial investigations, using the authority of this investigator. Guidelines chief investigator of criminal case investigation are given in writing and is binding. The appeal of these guidelines prosecutor does not stop their implementation, except under the second paragraph of Article 114 of this Code. Guidelines prosecutor in criminal cases, data in accordance with rules established by this Code, mandatory for the chief investigator of the Department. The appeal of these guidelines superior prosecutor does not stop its execution.
The investigator must take all legal measures for a comprehensive, full and objective investigation of the case, the tasks of criminal justice, defined as exposing and justifying the defendant, and mitigating and aggravating circumstances of his responsibility. The investigator has the right to interpret the obligation of proof on the accused. Do not seek evidence through violence, threats or other illegal activities. In proceedings investigators and other procedural actions investigator must explain to participants their rights and responsibilities, as well as their implementation, strictly observe the law and ensure the rights and legitimate interests of stakeholders and other citizens. In investigating the relationship of the accused based on the constitutional principle of presumption of innocence, according to which the accused is not guilty until his guilt has not been proven and established by the sentence, which came into force, all doubts in the case, if exhausted opportunities to fix them, must be interpreted and resolved in favor of the accused. Investigator is prohibited: Provadzhuvaty-action, non-law or the order does not comply with current legislation. -Not for reasons prescribed by law and the conditions of extreme necessity to limit the constitutional and other rights and freedoms. -Provadzhuvaty investigate the grounds of self-withdrawn.
Traditional duty-proof to the defendant. Procure evidence and obtaining other evidence by violence, threats or other illegal activities. -Use the same case and involve false evidence, the data source and receiving means which are not known, or information obtained illegally, to notify the court clearly not probable) or inaccurate information. -Disclosing information about the circumstances of private life, he became known Ki in connection with the performance of his duties if such data is not evidence of a crime. -Use his powers to the detriment of justice. Do any involvement in procedural activities of the investigator. When dealing investigation investigator independently chooses the tactics and methods of investigation, provadzhuye investigation and decide the case. No one, except the chief prosecutor or the investigating unit and their deputies, within the powers defined by the Criminal Procedure Code and the functional responsibilities, can not request a criminal investigation to verify or material on which the investigators refused to institute criminal proceedings. Prohibited without permission of the investigator in dealing with the criminal case, giving anyone (except the prosecutor, who oversees) detained or arrested suspects or defendants in such a case for questioning or investigation or other forms of communication neprotsesualnyh. These preliminary investigation can be declared only with the permission of the investigator or prosecutor and the extent to which they deem possible. Criminal case can not be disclosed until the end of pre-trial investigation without the permission of the investigator dealing with the case. If necessary, the investigator warns witnesses poterpshoho, civil plaintiff, civil defendant, defender, expert, specialist, interpreter, witnesses and other persons present during the investigation proceedings, the duty not to divulge information without his permission preliminary investigation. Those responsible for their disclosure bear criminal responsibility. Nobody has the right to give any guidance on the investigation proceedings in a criminal case. Investigator untouchable.
Criminal responsibility of the investigator is permitted only with permission of the Verkhovna Rada of Ukraine on the submission of the Prosecutor General of Ukraine. The investigator may