CONCERNING THE POSSIBILITY OF PROSECUTOR'S PRE-TRIAL INVESTIGATION
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 65, Issue 4
Abstract
The article is devoted to the study of certain issues concerning the possibility of prosecutor's pre-trial investigation. The requirements of international legal norms concerning the possibility of prosecutor's pre-trial investigation is being analyzed. It is determined that international law allows prosecutors to conduct a police investigation, however, foreign experience is mainly represented by the police investigation as a separate body under the prosecutor’s direction. The article establishes that, taking into account the undoubted advantage of the technical capabilities and human resources of law enforcement bodies that are part of the executive branch, as well as considering the risks of procedural inefficiency, one can agree with the argument about the ineffectiveness of the combination of the prosecutor's pre-trial investigation and the representation of the state prosecution. The study found that the main burden of prosecution on behalf of the state lies with the prosecutor, and investigative and operational units as representatives of state executive bodies conduct criminal investigations within the framework of fulfilling their national functions of maintaining law and order, the exercise of which ends with the transfer of materials to the court. The origin of the national and criminal procedural functions of the prosecutor and the bodies of pre-trial investigation was investigated. It is determined that the origins of the introduction of such a figure as a prosecutor is the representation of "royal interests" in court, while in the introduction of the police - the maintenance of "royal order ". In other words, the historical basis for the activities of the police units is the maintenance of "public order" in the sense of "social order ", while the historical basis of the activities of the prosecutor's office is the representation of the state, that is, public interests in the court.
Authors and Affiliations
Maryna Horodetska
Keywords
Related Articles
- EP ID EP496483
- DOI 10.32366/2523-4269-2018-65-4-207-213
- Views 117
- Downloads 0
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