ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Сoncept of special pre-trial investigation (in absentia) and its functionality in criminal proceedings on corruption crimes in field of official activity and professional activities related to the provision of public services

Сoncept of special pre-trial investigation (in absentia) and its functionality in criminal proceedings on corruption crimes in field of official activity and professional activities related to the provision of public services

Pages: 125-134
Year: 2017
Location: Pravova Ednist Ltd

Review

The article is based on an analysis of the current criminal procedure law, its application and special literature defines the concept of special pre-trial investigation and its functionality in criminal proceedings on corruption crimes in field of official activity and professional activities related to the provision of public services, proposed changes to the current Code of Ukraine, aimed at optimizing the normative legal regulation implementation and termination of special pre-trial investigation. In particular, it is proposed to define a special pre-trial investigation - is an extraordinary exercise of the pre-trial investigation, which is used in criminal procedural law provided evasion suspect from criminal responsibility by hiding from the investigation and trial, aims to provide evidence under preliminary investigation in the criminal proceedings with the standards of fair justice. Established that the functionality of the special pre-trial investigation is to provide prompt, full and impartial investigation and subsequent trial by gathering evidence in criminal proceedings in terms of counteracting the investigation of the suspect in the form of evasion of the suspect from criminal responsibility by hiding from the investigation and of the court and ensure the right of a suspect to defense through the implementation of its procedural rights during pre-trial investigation by the defender. Criminal procedural law proposed to supplement the rules, which provide for duty investigating judge in ruling on the implementation of the special pre-trial investigation noted that this decision shall be terminated in cases of arrest authorized officer a suspect who was declared wanted, or voluntary appearance before pre-trial investigation and the prosecutor supervising the procedural guidance in the form of pre-trial investigation, to bring information to the Unified Register of pre-trial investigation to terminate criminal proceedings in a special pre-trial investigation.

Keywords: pre-trial investigation, special pre-trial investigation, suspect, wanted ads, international search. 

Сoncept of special pre-trial investigation (in absentia) and its functionality in criminal proceedings on corruption crimes in field of official activity and professional activities related to the provision of public services