Pretrial investigation
1. CONCEPT AND FORM OF PRETRIAL INVESTIGATION Pretrial investigation - is carried out according to the Criminal Procedure Act the activities of the investigator and the police, aims to collect, research, assessment and use of evidence, prevention, preventing and detecting crimes, establishing the objective truth of correct application of law, protection of rights and lawful interests of individuals and entities. In the pretrial investigation and the police investigator solve such problems as: establishment and damages and to identify and eliminate the causes and conditions conducive to crime; education of citizens in a spirit of respect for the dignity of the citizen, the desire for justice and observance. The legal basis for pre-trial investigation is ruling on a criminal case. Pre-trial investigation may be conducted only with broken affair, carried out pre-trial investigation must in all cases, except in cases of crimes referred to in paragraph 1 of Article 27 and Article 425 CPC of Ukraine (to the right of private prosecution and pretrial preparation protocol form items) on which preliminary investigations in cases where a crime is a minor or a person who because of their physical or mental disabilities can not itself exercise its right to protection, and when it deems necessary prosecutor or court. Pre-trial investigation includes pre-trial investigation and inquiry, pre-trial investigation - investigative activities by the broken and admitted him to his criminal case proceedings, which has included in the collection, testing, inspection, assessment and use of evidence, establishing the objective truth, the implementation of legal action to ensure correct application of law, human rights and legal interests, natural and legal persons, creating conditions for administering justice. Inquest - is based on the law to research, and law enforcement activities dokazuvalna procedural powers vested with administrative and operational jurisdiction, directed to the detection, prevention, crime prevention and detection, investigation and detection of guilty, of the tasks of criminal justice. 2. Inquest: GENERAL PROVISIONS ORDER PROCEEDINGS, TIMEThe preliminary investigation as procedural activity has two forms, connected between the goal and procedure: a preliminary investigation, carried out investigating prosecutors, investigators, police, investigators, security agencies and police investigating the tax (art. 102 CCP) as the leading form of inquiry and that conducted by the inquiry, listed in Art. 101 CCP, and in fact - the body of inquiry appointed by the chief person (eg, operational attorney criminal investigation, the officer-diznavachem in the Armed Forces) with the approval of his most important decisions in the case (on the search, the selection of preventive measures, etc.). Thus, the inquiry is one of two forms of proceedings in the preliminary investigation that leads to urgency and importance of its research procedures and organization. Inquest - "is based on the procedural law activities specifically authorized administrative organs to stop and solve crimes, track and exposing the perpetrators" [12, c. 331]. In the criminal procedure law of this exhaustive list, have the right to conduct the inquiry. For all their inquiry function is not the main activity. With the need to do criminal investigations they face in specific cases when necessary and inevitable. In such cases, the actions of those governed by rules of criminal procedure law, and they act as organs of inquiry. The police - is the authority empowered to criminal procedural law and investigate violations of criminal cases in connection with the information that came to them about crime and lack of opportunities to investigator proceed to trial proceedings. Inquest - the investigation carried out of necessity by the administrative jurisdiction that granted the status of the body of inquiry. Criminal procedural activities of the inquiry includes: 1. admission, registration, examination, inspection and permit applications and reports of crimes or the decision whether to institute criminal proceedings in case of direct detection of signs of crime (Articles 94-100 CPC of Ukraine); 2. investigation on cases of serious crimes (Part 2 of Art. 104 CPC of Ukraine); 3. inquiry in cases of crimes that are not serious (Part 1 of Art. 104 CPC of Ukraine); 4. pre-trial preparation materials in the form of a protocol (Articles 425 - 429 CPC of Ukraine); 5. conducting investigations in the manner of some investigative commissions of inquiry or other authority (Articles 114, 118 CPC of Ukraine); 6. participation in specific investigative actions that are carried investigator (part 3 art. 114 CPC of Ukraine). The bodies of inquiry in accordance with Art. PPC 101 Ukraine are: 1) the police; 1.1) Tax Police - in cases of evasion of taxes and duties (mandatory payments), as well as in cases of concealment of foreign exchange earnings; 2) security authorities - in cases within their jurisdiction by law; 3) the commanders of military units, formations, heads of military institutions - for all crimes committed by their subordinates and soldiers indebted during their meetings, as well as in cases of crimes committed by workers and employees of the Armed Forces of Ukraine in connection Connections of duty or in the location of parts, connection establishment; 4) Customs authorities - in cases of contraband; 5) The heads of such establishments, remand prisons, hospitals and dispensaries and labor guilty labor dispensaries - in cases of crimes against the established order of performance of duty, committed by employees of these institutions as well as in cases of crimes committed in the location of these institutions; 6) fire safety authorities - in cases of violation of fire safety and fire regulations; 7) state border guard - in cases of illegal border crossings; 8) captains of ships which are in the distant sea. Inquiry as a form of pre-trial investigation in theCriminal procedure law currently provides for two forms of preliminary investigation activities as procedural. Both of these forms in their tasks, procedures interconnected. The presence of both forms of proceedings in the investigation of every criminal case is optional. The leading form of pretrial investigation is a preliminary investigation, which is investigating prosecutors, investigators, police, tax police investigators and investigative security services that provide art. 102 CPC of Ukraine. The second form of pre-trial investigation is an inquiry. Art. PPC 101 Ukraine provides a comprehensive list of the inquiry, ie, bodies and officials who have the right to conduct inquiry in criminal cases, as discussed above. By June 30, 1993 inquiry types differ depending on whether in a criminal case as a preliminary investigation, is not required. In the Code of Criminal Procedure was presented a list of articles of the Criminal Code and determined that the investigation of criminal cases under these Articles, the police had the right to terminate their drafting an indictment or close by nereabilituyuchymy circumstances. Thus the right of the victim and the accused were slightly narrowed than they had in pre-trial investigation. Since 1993, investigation of all criminal cases may be only the first stage of preliminary investigation. That is, the preliminary investigation is obligatory in all cases except for cases in which the protocol provides a form of pretrial preparation of materials and cases of private prosecution. Quest by the rules established by the Criminal law for pre-trial proceedings, with some specifically agreed on withdrawal, amendments and regulations. Among the general provisions specific to all forms of inquiry and not inherent in pre-trial investigation are the following. "The person who conducts the inquiry, does not use procedural independence in that extent that the investigator uses. When you disagree with the instructions of the prosecutor: the prosecution as the accused, on the qualification of the crime and the am...
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