Volume 11 - Volume 11
Institute for Returning of a Criminal Case by the Prosecutor to the Investigator as Implementation of the Processive Function of the Prosecutor
Abstract
The article deals with issues related to the adoption of a procedural decision on the return of the
criminal case by the prosecutor to the investigator for additional investigation. The analysis of the
provisions of the current criminal procedure law allowed the authors to analyze the existing
problems in the implementation of the procedural function of the prosecutor to return the criminal
case to the investigator for additional production.
It has been proved that the return of a criminal case for additional investigation acts as a means of
correcting the violations committed by the investigators in the course of their additional
investigation. The meaning of this institution is formed by the powers of the prosecutor to return
criminal cases for additional investigation in cases when the criminal case cannot be sent to court.
One of the main goals of the additional investigation is to establish the truth, which, as a result,
contributes to the protection of the rights and freedoms of the participants in criminal proceedings,
the adoption by the court of a legal and well-grounded decision.
The authors substantiated the conclusion that criminal prosecution and supervision over the
execution of laws are two independently existing state-power functions of the prosecutor's office, with
their own tasks, goals, content and subject of legal regulation.
Paper Details
PaperID: 2127
Author's Name: Lilia Ramilevna Mullagaleeva, Vitaliy Fedorovich Vasyukov, Tatiana Ivanovna Bondar, Elena Pavlovna Lucenko and Maria Alekseevna Kochkina
Volume: Volume 11
Issues: Volume 11
Keywords: Pre-Trial Proceedings, Prosecutor, Procedural Function, Accusation, Criminal Prosecution, Investigator, Indictment, Additional Investigation.
Year: 2021
Month: June
Pages: 541-548