Reasoning About the Stages and Time Frames of the Preliminary Investigation Stage
- Authors: Chabukiani O.A.1
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Affiliations:
- Saint Petersburg University of the Ministry of Internal Affairs of Russia
- Issue: Vol 15, No 3 (2022)
- Pages: 256-260
- Section: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531711
- ID: 531711
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Abstract
The framework of the second stage of criminal proceedings is fixed in the form of determining the term of the preliminary investigation and inquiry. The initial moment of the stage of questions in theory and law enforcement practice does not cause, unlike the moment of the end. The interpretation of the legislator "until the day of sending the criminal case to the prosecutor ..." generates the following discussions: 1. Is the prosecutor's activity on checking the received materials of the criminal case included in the stage of the preliminary investigation? The amendments made on December 28, 2010 to Article 221 of the Criminal Procedure Code of the Russian Federation, allowing in certain cases to extend the decision-making period by the prosecutor up to 30 days, renewed in the theory of criminal procedure the ideas of dividing the preliminary investigation into stages or allocating a new stage of the criminal process. 2. Do the indictment and the indictment resolution drawn up have legal force if they are not approved by the prosecutor? If not, what about the procedural status of the accused in this case? The purpose of the work is to analyze the existing theoretical discussions and law enforcement problems in determining the timing of the end of the preliminary investigation. The possibility and expediency of singling out three stages of the second stage of the criminal process, which have their own independent terms, is expressed: preliminary investigation, verification by the prosecutor of the received materials of the criminal case and additional investigation. Such an allocation will ensure that all participants in criminal proceedings properly perform their procedural functions and will differentiate the activities of criminal prosecution bodies according to the tasks achieved, including in terms of guarantees of compliance with the terms of the chosen preventive measures.
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About the authors
Oksana Alekseevna Chabukiani
Saint Petersburg University of the Ministry of Internal Affairs of Russia
Email: oksana_kartohina@mail.ru
Cand.Sci.(Law), Associate professor, Associate Professor of the Department of Preliminary Investigation Saint Petersburg, Russian Federation
References
- Gavrilov B. Ya., Bozhev V. P. The concept of improving pre-trial proceedings in the XXI century: opinion of science and practice // Legal Science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. - 2017. - № 2(38). - Pp. 74-81.
- Gorkina E. V., Kaznachey I. V. Current state and perspectives of differentiation of pre-trial proceedings formes // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. - 2018. - № 4 (34). - Pp. 517-524.
- Grashicheva O. N. Problems of legal regulation of powers of the prosecutor at the stage of the end of preliminary investigation // Russian investigator. - 2015. - № 6. - Pp. 16-19.
- Dikarev I. S. On unification of procedural form of submission of criminal files to court // Legality. - 2017. - № 8 (994). - Pp. 53-56.
- Michurina O. V. Preliminary investigation: current state and development prospects // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. - 2019. - No. 3. - pp. 134-136.
- Review of judicial statistics on the activities of federal courts of general jurisdiction and magistrates' courts in 2020 [Electronic resource] // Official website of the Judicial Department at the Supreme Court of the Russian Federation. URL: http://www.cdep.ru/userimages/OBZOR_stat_SOU_2020.pdf.
- Review of judicial statistics on the activities of federal courts of general jurisdiction and magistrates' courts in 2019 [Electronic resource] // Official website of the Judicial Department at the Supreme Court of the Russian Federation. URL: http://www.cdep.ru/userimages/sudebnaya_statistika/2020/Obzor_sudebnoy_statistiki_o_deyatelnosti_federalnih_sudov_obshchey_yurisdiktsii_i_mirovih_sudey_v_2019_godu.pdf.
- Rezyapov A. A. The end of the preliminary investigation with an indictment (act, resolution) and the referral of the criminal case to the court: abstract. dis. ... cand. jurid. Sciences (12.00.09). - Chelyabinsk, 2014. - 30 p.
- Rossinsky S. B. A Criminal-procedural form: essence, problems, trends and prospects of development // Actual problems of Russian law. - 2020. - Vol. 15. No. 9 (118). - pp. 67-79.
- The biggest criminal case weighs a ton // Evening Volgograd. - 2016, from September 13 [Electronic resource] URL: https://vv-34.ru/samoe-bolshoe-ugolovnoe-delo-vesit-tonnu.html.
- Sokolovskaya V. D., Kalinovsky K. B. Handing over a copy of the indictment within a reasonable time // St. Petersburg School of Criminalistics: Materials of the annual Criminalistic Forum (October 25-26, 2019) / Under the general editorship of A. A. Sapozhkov. - St. Petersburg: Publishing House of the St. Petersburg Institute (branch) of the Federal State state educational Institution of Higher Education "University of the Prosecutor's Office of the Russian Federation". - 2019. - pp. 160-165.
- Spiridonova Yu. N. Relevant issues of pre-trial proceedings in the Russian criminal procedure // Russian investigator. - 2019. No. 1. - pp. 26-28.
- Cherepanova L. V. The optimization of the procedure offor the end of the inquiry // Proceedings of the Altai State University. 2010. No. 2-1 (66). - pp. 105-108.
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