Review

The questions of substantiation of accusation  in procedural decisions during the pre-trial investigation are analyzed by the author. It is emphasized that as every procedural decision, indictment should suit requirements of legality, substantiation and reasonability.    Author emphasizes that the requirement of substantiation is typical not only for the decrees of court but for all procedural decisions  in criminal proceedings, as indictment. The requirements of comprehensiveness, fullness and  prejudice  in  investigation of circumstances of  the criminal proceedings causes the requirement of substantiation. The final accusation is formed in the indictment during the pre-trial investigation. Furthermore, the confidence of the prosecution is formed and stated in form of assertion of guiltiness of certain person in doing of criminal offence and sufficient evidences collected during the pre-trial investigation.

It is proved that the final charge which is contained in the indictment has an explicative feature. This is due to the fact that it has not the external substantiation of the procedural decision. It is proposed to highlight the evidences in the notification of a accusationed person, which substantiate the initial accusation, what should to guarantee the defense a possibility of disproof of  this initial charge. In comparison with the notification of an accusated person, indictment is addressed not as to the defense, as to court, which will give appraisal of its substantiation.  

Key words:  provement; substantiation of accusation; accusation; indicment;  initial charge; final charge.