Ikiteisminio tyrimo terminų kontrolė: probleminiai aspektai ir tobulinimo galimybės
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The article analyzes the innovation in the pre-trial investigation - control of terms and proper implementation of terms. Currently, the Code of criminal procedure (CCP) and subordinate legislation implements concrete terms for pre - trial investigation. Although at first glance it seems simple, but carrying out a pre - trial investigation there is a number of questions concerning the application of these terms in specific cases. Now it's stated, that pre-trial investigation must be completed within the shortest possible terms, but no more than: 1) a criminal offense - within three months; 2) for mild, moderate and reckless crimes - within six months; 3) the serious and very serious crimes - within nine months. Due to the complexity of the case, large-scale, or other relevant circumstances abovementioned terms of pre-trial investigation of the lead prosecutor at the request of the prosecutor may extend by a resolution. Pre-trial investigation must be a priority in cases where suspects have been arrested, as well as cases in which suspects or victims are juweniles. Earlier tre was another version of this article, stating that the pre - trial investigation must be completed within the shortest time. No concrete terms were stated. And this was a possibility for the officers who execute pre - trial investigation, temporize the pre - trial investigation, and that was the way for the breach of human rights. First of all, the subordinate legislation, made by General prosecutor, implements the rules of terms more widely than CCP allows. Therefore some aspects of discrepancy appear. Officials who perform the investi gation doesn't know how to act in a concrete situation. Also some problems between the upper prosecutor, who has the right to extend the terms of pre - trial investigation, and the judge, who also has the right to extend the terms of pre - trial investigation, appear: which of them has the upper discretion. The author of the article offers to make the procedure of terms of pre - trial investigation more simple, otherwise there is a need to write a variety of rules how to implement existing legislation. For example, it is suggested to pre-trial investigations, which are published in the search of the suspect, no pre-trial period. Also if, within six months after the first interview of the suspect pre-trial investigation is not completed, the suspect, his advocate may refer the complaint to the pre - trial investigation judge for the termination of the pre-trial.
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