PRE-INVESTIGATION CHECK IN CONTEMPORARY CRIMINAL PROCEDURE LAW

Abstract

The article is devoted to the study of the legal framework governing the algorithm for conducting a pre-investigation check and possible conflicts of criminal procedural norms in the process of their implementation during pre-investigation check. The questions of the consistency of the norms of law are touched upon in the context of making decisions on the use of the information received and on the possibility of its use in as evidence in the criminal case. Attention is drawn to such investigative actions as the seizure of documents and things, the forensic procedure carried out by an authorised person (an expert is to give their opinion based on their analysis of the available evidence), crime scene investigation, the examination of documents and objects. According to the law, actions of the pre-investigation check are equal to the actions of preliminary investigation, while the legal status of persons in the pre-trial stage is not defined as well as their procedural rights and obligations. In other words, the legislator endows the participants in the pre-investigation check with general rights and obligations without defining their specific procedural status, which puts the participants in a difficult position as they cannot exercise their rights in full. Having analysed the norms of pre-investigation check, the authors conclude that there are a number of legislative issues regarding investigative and other procedural and verification actions that require legal and regulatory framework in the course of the pre-investigation check. Solutions to the problem have been proposed aimed at improving the criminal process in the pre-trial stage.

Keywords

pre-investigation check; pre-trial investigation; defence counsel; procedural and verification actions; investigation

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About the Authors

Nikolay A. Sinkevich – Doctor of Law, Professor; Head, Department of Criminal Procedure and Forensic Science, Yaroslav-the-Wise Novgorod State University, Veliky Novgorod, Russia. E-mail: Nikolay.Sinkevich@novsu.ru. SPIN-РИНЦ 2852-2482
Sergey I. Postupalenko – Student in the Master’s programme, Department of Criminal Procedure and Forensic Science, Yaroslav-the-Wise Novgorod State University, Veliky Novgorod, Russia. E-mail: sergeypost530@gmail.com

For citation:
Sinkevich N.A., Postupalenko S.I. Pre-Investigation Check in Contemporary Criminal Procedure Law // BENEFICIUM. 2020. No. 4 (37). pp. 73-79. (In Russ.). DOI: http://doi.org/10.34680/BENEFICIUM.2020.4(37).73-79