LawState and Law

Preliminary investigation

When initiating a criminal case , the person who committed the crime, the manner by which the act was committed, the amount of damage and so on may be unknown. These and other facts must be established reliably and accurately. Otherwise, it is not possible to resolve the issues of the guilt of persons and the use of punishment.

To find out the original picture of the deed, a procedure is carried out, which is called an investigation. In accordance with the principle of the administration of justice exclusively by the judicial body, the court is obliged to find out the picture of the crime, examine all the circumstances, decide the question of guilt and apply the appropriate punishment. However, the court can not independently resolve these issues, for lack of the necessary means, tools, methods and other. In this regard, after the institution of the criminal case and before it is sent to court, an intermediate stage is established for the resolution of the law. It is called a preliminary investigation. The presence of this stage does not contradict the provision on the administration of justice exclusively by the judiciary. This is due to the following:

  1. The court necessarily carries out judicial investigation. It is carried out for each criminal case.
  2. On the question of guilt and punishment to the persons who committed the crime, the decision is made only by the judicial authority.
  3. Preliminary investigation is carried out by the same authorities that have the right to initiate proceedings. The exception is the court and the judge.

A preliminary investigation is conducted by the prosecutor, the investigative bodies and the investigator.

At the same time, it is necessary to separately note the special position of the prosecutor at this stage of the case. This authorized person is not only entitled to conduct a preliminary investigation, conducting it in full or applying separate investigative measures. The prosecutor also follows the strict observance of the procedure for the procedure, in accordance with the criminal procedure law.

The goal of the events is the aspiration to establish the truth with observance of the law in the strictest manner. The completion of the preliminary investigation involves the identification of the perpetrators and all the circumstances of the case.

The bodies authorized to carry out this procedure must fulfill a number of tasks. In particular, they must:

  1. Quickly and fully reveal the illegal act, exposing the guilty.
  2. Ensure the conditions under which each guilty person will be prosecuted under the law.
  3. Eliminate the conditions and causes that contribute to the commission of a crime.
  4. Promote compensation for material damage.
  5. To protect citizens from unfounded accusations.
  6. To educate the unswerving following and the fulfillment of the law.

It is believed that it is more important not to impose punishment for a crime, but not to allow unsolved cases. In this regard, the success of the fight against illegal acts depends to a large extent on the completeness and speed of the disclosure of each case.

There are two forms of preliminary investigation: preliminary investigation and inquiry. These two types are interrelated with one another and are used in everyday criminal practice.

The stage of preliminary investigation allows a deep, quick and comprehensive investigation of the judicial body in all the circumstances of the case. As a result, a reasonable and lawful verdict is issued. The stage of preliminary investigation is considered a decisive means, facilitating the disclosure of crimes. This stage is endowed with the necessary capabilities to identify and eliminate the causes and conditions provoking the commission of an unlawful act.

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