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- Номери журналу
- Problems of the prosecutor`s supervision over the legality of the notification of the suspicion to the person
Problems of the prosecutor`s supervision over the legality of the notification of the suspicion to the person
Анотація
The article analyzes the mechanism of messages suspected person under the current criminal procedural legislation. Analyzes and identifies the existing problems of the legitimacy of the notification of suspicion. Set supervision of the legality of notification of suspicion. Formulates their own proposals on improvement of legal regulation to the person suspected to increase the efficiency of public prosecutions.
Message persons suspected of a criminal offense is an important procedural decision, which accepts prosecutor or investigator with the consent of the prosecutor before the end of the preliminary investigation in criminal proceedings.
Enforcing the law during message suspected person is an important activity of the prosecutor, because after such message and acquiring the status of a suspect person, the volume of its individual rights is much narrower, and the investigation appears more power and possibilities of application of the measures of individual criminal proceedings, suspect search, etc.
Due to the importance and responsibility of procedure of message persons suspected of a criminal offense, there is need for further research and improvement of mechanisms for the successful functioning of this legal institution.
The prosecutor has the authority to control in general during the preliminary investigation of the criminal proceedings and in the commission of such action as message the person suspected of a criminal offense. Public prosecution according to the message the person suspected of a criminal offense includes supervisory powers of the prosecutor at all stages of the proceedings: during drafting the text of suspicion, during giving the message to the person suspected of a criminal offense, and during it changes.
At the same time, today there is a number of outstanding issues in the implementation of the prosecutor procedural guide during the message the person suspected of a criminal offense. In view of this, it seems necessary further research institution of messaging the person suspected of a criminal offense to improve its regulation of criminal procedural law..
Keywords: notification of suspicion; public prosecutor’s supervision; legality; prosecutor; investigator; preliminary investigation.