PROSECUTORIAL SUPERVISION OVER THE APPLICATION MEASURES OF RESTRAINT IN THE RUSSIAN EMPIRE IN THE 2ND HALF OF XIX-EARLY XX CENTURY
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 55, Issue 1
Abstract
Judicial reform of 1864 fundamentally changed the criminal proceedings in the Russian Empire and prosecutorial supervision in its frameworks. One of the directions of supervising activity of the Prosecutor was to supervise the legality of the application of measures of restraint in criminal cases. As a result of judicial reform legislation on preventive measures has changed. The law foresees the prosecutorial supervision over the application of preventive measures only by the police, the gendarmerie and within certain limits – by investigators. Supervise the application of measures of restraint by the court, the Prosecutor was not carried out. The Prosecutor had the right to influence the use of only such measure of restraint as detention. This was due to the fact that the investigator was obliged to inform the Prosecutor, on the one hand, about the grounds of taking the accused into custody, and on the other hand, about the reasons for which are not taken into custody or released from custody accused of committing of crimes of a certain kind. In these cases, the Prosecutor had the right to give the investigator an indication about how to change the chosen preventive measure. By law, the election of measures of restraint with the Prosecutor was not consistent, so the supervision of the Prosecutor in this direction had not prior, but subsequent character (not before but after the election of a measures of restraint). Affect the application of other measures of restraint (except arrest) the Prosecutor had no right. However, in law enforcement practice, prosecutors often exceed the limits of their authority and influence on the election or change of specific measures of restraint.
Authors and Affiliations
Vasiliy Gorbachev
Keywords
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