- Journal Issues
- № 3 2016 The prosecution side in criminal proceedings
- Problems of criminal procedure
- Preliminary investigation deadlines
Preliminary investigation deadlines
Review
According to the Criminal Procedure Code of Ukraine main objectives of the criminal proceedings is to protect individuals, society and the state from criminal offenses, the protection of rights, freedoms and legitimate interests of participants in criminal proceedings, as well as the insurance of quick, comprehensive and impartial investigation and trial in order that everyone who committed a criminal offence were prosecuted in proportion to his guilt, no one innocent were accused or convicted, and no one were subjected to ungrounded procedural compulsion and that an appropriate legal procedure applied to each party to criminal proceedings. It must be emphasized that the legislature as a separate problem highlights the need to protect rights and interests of all participants in criminal proceedings. It is obvious that the same requirement applies to pre-trial investigation. Due to the specificity of an investigation of criminal offenses, the legislator provides much broader powers to the prosecution than the defense. Thus, the basis of a guarantee of the rights, freedoms and legitimate interests in criminal proceedings is to follow the procedurl form of pre-trial investigation. Only strict observance of the law during the investigation of criminal offenses will fully ensure that all tasks of criminal proceedings will be fulfilled. But to perform such observance the law by itself must be clear and explicit. Unfortunately, the Criminal Procedure Code of Ukraine doesn’t fulfilled such requirements. This can be explained by relative novelty of the criminal procedure law and some radical innovations that were introduced in 2012. However, the specifics of the criminal procedural activities require the improvement of criminal procedural law. And one of these institutions, which needs immediate improvement is the institution of preliminary investigation deadlines.
Key words: preliminary investigation deadlines, ending of pre-trial investigation, disclosing materials to the other party.