scholarly journals CONDUCTING EXAMINATION IN CRIMINAL PROCEEDINGS: HISTORICAL ASPECT

2020 ◽  
Vol 73 (4) ◽  
pp. 112-117
Author(s):  
Vasyl Bazhanyuk ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Soviet Period ◽  
Necessary Condition ◽  
Equal Rights ◽  
Criminal Proceedings ◽  
Historical Aspect ◽  
Criminal Offenses ◽  
Special Knowledge ◽  
The Right

The history of the formation of a democratic procedure in Ukraine for the use of special knowledge in criminal proceedings is studied. It is noted that in the Soviet period this procedure was not democratic, only an investigator had the right to appoint an expert. This procedure for appointing an examination allowed to appoint it quite quickly. But the investigator could also avoid conducting an examination for certain reasons, he could reject the request to conduct it for certain reasons. Ukraine inherited such a legal procedure after the declaration of independence. A new procedure for examination was established by the Criminal Procedure Code only in 2012. The article analyzes the shortcomings in the legal regulation of the procedure of examinations after the entry into force of the CPC of Ukraine in 2012, which were eliminated during the update of the criminal procedure legislation. The importance of consolidating the equality of rights of the parties to criminal proceedings to conduct examinations is noted. It is noted that the decision to conduct an examination is made by the party to the criminal proceedings, which prepares the relevant materials. The urgency of this order, its importance in the formation of the system of evidence and in the very procedure of proving in adversarial criminal proceedings is emphasized. Problematic issues of the procedure for appointing examinations by investigating judges are revealed. This procedure has led to the practical blocking of the work of both courts and pre-trial investigation bodies. Given that a significant number of suspects in serious and especially serious crimes were in custody, the situation looked critical. It was the signs of the collapse of criminal proceedings that forced us to make urgent changes to the procedure for appointing and conducting forensic examinations, which was carried out in 2019. Therefore, the involvement of experts is carried out by the parties to the criminal proceedings or by the investigating judge at the request of the defense. As a result, the parties to the criminal proceedings received equal rights to use special knowledge. The conclusion is substantiated that this is a necessary condition for ensuring a high-quality investigation of criminal offenses.

scholarly journals To the question of the implementation of the right to protection of minors, victims of crime

2020 ◽  
Vol - (1) ◽  
pp. 41-44
Author(s):  
A.I. Glushkov ◽  
◽  
E.E. Smekina ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Victims Of Crime ◽  
The Right

The article is devoted to the analysis of issues of legal regulation and the realization in modern conditions of the rights to protection of adolescents who have suffered as a result of the crimes committed against them. Legal literature, legislative acts, as well as judicial and investigative practice on this issue have been analysed. On the basis of the study, problems of ensuring the right to protection of juvenile victims in criminal proceedings were identified, as well as proposals for improving the norms of criminal procedure legislation regulating this sphere of activity and their application were justified.

scholarly journals EXPERIMENTAL INVESTIGATION THROUGH THE PRISM OF FOREIGN EXPERIENCE

2020 ◽  
Vol 10 (86) ◽  
Author(s):  
Oleksandr Haborak ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Legal Traditions ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
General Order ◽  
Simplified Procedures ◽  
Organizational Features ◽  
Procedure Codes

The article analyzes the organizational features and legal regulation of the stage of pre-trial investigation in such countries as Germany, France, Sweden, Estonia, Kazakhstan, Moldova, Russia. The study of criminal procedure legislation of certain countries and its application in practice suggests that there is a tendency to optimize the pre-trial investigation. Most of the considered foreign countries in the construction of simplified procedures for the investigation of minor crimes along with objective factors (low degree of public danger of the act, the obviousness of the crime, the admission of suspects (accused) of their guilt) also proceed from such conditions as equality of arms, awareness and voluntariness of the decision of the suspect (accused) on simplification of criminal procedure, provision of a reasonable level of guarantees of the rights of participants of criminal proceedings, preservation of the general order. Analyzing the pre-trial investigation in different countries, it was concluded that in these countries there are attempts both to approve the common standards of criminal procedure and to preserve their national legal traditions. Ukraine is in the process of reforming its pre-trial investigation bodies. On July 1, 2020, Law № 2617-VIII "On Amendments to Certain Legislative Acts of Ukraine Concerning Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses" (as amended) entered into force, aimed at humanizing criminal proceedings in accordance with European legislation. Today, our state has already moved from the stage of adopting legislative initiatives to the consistent implementation of the provisions of this Law, which are enshrined, in particular, in the Criminal and Criminal Procedure Codes of Ukraine. In this regard, the positive experience of the studied foreign countries (especially such post-Soviet countries as Estonia and Kazakhstan, which have a common past with Ukraine and which have already made successful steps in this area) will be useful for domestic professionals to qualitatively and timely eliminate all conflicts and gaps that arise during the application of the Law № 2617-VIII "On Amendments to Certain Legislative Acts of Ukraine to Simplify the Pre-trial Investigation of Certain Categories of Criminal Offenses", make all necessary relevant decisions, and thus increase efficiency pre-trial investigation bodies.

Features of legal regulation of the institute inquiry in the legislation of Ukraine and foreign countries

2021 ◽  
Author(s):  
Maryna Vandzhurak
Keyword(s):  
Czech Republic ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
The Czech Republic ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
The Republic ◽  
Simplified Procedure ◽  
Simplified Form

Problem setting. This article examines the legal regulation of the institute of inquiry in Ukraine and abroad. It is concluded that the institution of inquiry in foreign countries is inherently different from the national form of pre-trial inquiry, but has some similarities. In particular, the differences are in the establishment of different terms of pre-trial investigation, the subjects of the criminal investigation procedure, the specifics of the use of additional evidence, the presence of a mandatory condition – a guilty plea to the suspect, the prosecutor’s participation in the proceedings. The author identifies common features and differences of the institute of inquiry in Ukraine and other countries, which in turn allows to identify ways to improve existing legislation. The purpose of the article is to compare the legal regulation of the institution of inquiry in the current criminal procedure legislation of Ukraine and similar pre-trial investigation procedures in France, Germany, Austria, the Czech Republic (here in after – the Czech Republic), the Republic of Poland (here in after – Poland), Great Britain, Belarus, Kazakhstan in order to identify positive features in order to improve it. Analysis of recent researches and publications. The scientific works of Ukrainian scientists: N. I. Brovka, S. I. Simakov, O. V. Kerevych, K. B. Kalinovsky, etc. are devoted to the study of various aspects of inquiry in foreign countries. However, due to the lack of thorough research on the comparative analysis of the legal regulation of the institution of inquiry, as a simplified form of pre-trial investigation, with other countries, there is a need for such an analysis and highlight the positive aspects. Articles main body. The institute of inquiry belongs to a simplified form of pre-trial investigation, which speeds up the trial in order to ensure greater efficiency of the criminal justice system and reduce costs. Thus, the investigated form of pre-trial investigation came into force on July 1, 2020 in criminal procedure legislation, in accordance with the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine to Simplify Pre-trial Investigation of Certain Categories of Criminal Offenses” № 2617-VIII of 22.11.2018. The need for inquiry as a simplified form of criminal proceedings is due, in particular, to the heavy workload of investigators (for example, the National Police) in cases of minor crimes, which are now called criminal offenses. Inquiry is conducted during the investigation of criminal offenses, special subject – the connoisseu of the subdivisions of the inquiry or the authorized persons of other subdivisions; inquiry is carried out in a short time – 72 hours in case of notification to the person on suspicion of commission of a criminal offense. Additional sources of evidence in criminal proceedings on criminal offenses, in addition to general sources of evidence, are also explanations of persons, results of medical examination, expert opinion, testimony of technical devices and technical means that have the functions of photography and filming, video or photo and filming, video recording. The procedure of simplified investigation of minor criminal offenses operates successfully in many foreign countries, in particular in the French Republic, the Kingdom of Spain, Kazakhstan, Germany, Austria, the Republic of Belarus, the Czech Republic, Poland. The simplified procedure in Poland does not apply to: – accused persons deprived of liberty, except in cases of prior arrest to the perpetrator of certain types of crimes; – minors; deaf, dumb or blind; – in the presence of reasonable doubts about the sanity of the suspect; – if the person does not speak Polish. The bodies investigating cases under the simplified procedure are the police, as well as other bodies authorized to conduct investigations (Article 471). The total term of the simplified investigation is 1 month. Regarding the legal regulation of the institute of inquiry in Austria, it should be noted that the preliminary investigation is carried out only in the form of inquiry. Immediate investigative actions related to the identification of the perpetrator, as well as other circumstances, are conducted by the police before the initiation of a criminal case and end with the transfer of all materials to the prosecutor. At the same time, the body of inquiry is authorized to carry out any investigative and operative-search actions (which is unique in comparison with Ukraine). It should be noted that a comparative analysis of the criminal procedure legislation of foreign countries allows to state the existence of a tendency to improve the pre-trial investigation towards its simplification. In international activities in the field of simplification of criminal procedure, there is a direction to adhere to such forms of justice that would optimally take into account the gravity of the crime, the consequences that may occur as a result. It is as a result of such simplification of criminal proceedings that it is possible to ensure procedural savings of forces, time and resources of participants in criminal proceedings. Conclusions and prospects for further research. As for the overall impact of criminal offenses on the criminal justice system, it should be agreed that it is mostly positive. The system itself has become more humane as the number of detentions has decreased and the number of precautionary measures applied during the investigation has been minimal. This is one of Ukraine’s important commitments to the Council of Europe. The average length of a pre-trial investigation has accelerated by about half. This article will be useful for scholars studying the features of forms of pre-trial investigation, as it contains a comparative study of the institute of foreign inquiry and national criminal procedure law. Attention is also focused on some problematic issues related to the simplified form of pre-trial investigation. It can serve as a springboard for scientists to further research the institute of inquiry.

scholarly journals Procedural analogy: independent principle of criminal proceedings or the element of legality

2020 ◽  
pp. 113-126
Author(s):  
Nadiia Drozdovych
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Historical Aspect ◽  
Legal Norms ◽  
Judicial Practice ◽  
Procedure Code ◽  
Scientific Results ◽  
The Right ◽  
Principle Of Legality

The article is devoted to the study of procedural analogy place in the system of criminal proceedings principles in connection with the statutory provisions of Part 6 of Art. 9 of the Criminal Procedure Code of Ukraine. The historical aspect of the analogy institution normative consolidation in the domestic criminal process is given, which indicates that the institution of analogy in the norms of the Criminal Procedure Code has not been directly enshrined since the 1920s. At the same time, the science justified its necessity and admissibility in the criminal process; scientific results in this area are also given in the article. The existence of two types of analogy is stated: “analogies of right” and “analogies of law”, in connection with which the doctrinal provisions on the applicability of any of them in the modern criminal process are analyzed. The article also provides examples to use the institution of analogy in the judicial practice of the court of cassation. It has been established that despite the legislative technique, the doctrinal provisions and judicial practice state the admissibility of two types of analogy in the domestic criminal process. In this regard, the use of the term “procedural analogy” is justified as the most correct and such, which in its content covers the notion “analogy of the right” and the "analogy of the law". Since the legal norms on procedural analogy are placed within the framework of CPC article on the principle of legality, its relationship with the procedural analogy is determined. To this end, doctrinal statements about the concept of principles of criminal proceedings, author's positions on their classification as well as the criteria for their separate definition are given. Based on the above material, it was concluded that the procedural analogy is not an independent principle of criminal proceedings. The fact that the provisions of Part 6 of Art. 9 of the Criminal Procedure Code placed in the content of the principle of legality, suggests that the procedural analogy is one of the ways to achieve and implement this principle. Key words: analogy of law, analogy of right, procedural analogy, general principles of criminal proceedings.

THE PROCEDURAL FORM OF PRE-TRIAL PROCEEDINGS FOR CRIMES OF MISCONDUCT IN THE CRIMINAL PROCEEDINGS OF THE KYRGYZ REPUBLIC

2020 ◽  
Vol 20 (2) ◽  
pp. 177-184
Author(s):  
Kynatbek Smanaliev ◽  
◽  
Zulayka Sydykova ◽  
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Soviet Period ◽  
Judicial Reform ◽  
Kyrgyz Republic ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Criminal Offenses ◽  
Current Code ◽  
Post Soviet Period

The article is devoted to the place of the shortened (protocol) form of criminal proceedings on misconduct cases. It says that in connection with the ongoing judicial reform in the Kyrgyz Republic, the Code of Criminal Offenses was developed and adopted. Misdemeanor offenses include offenses of minor gravity. The point of view of scientists of the post-Soviet period on the possibility of being an abbreviated form of criminal proceedings in the criminal process, as well as some of them in its denial, is given. An analysis is given of the fact that at present, such a form of criminal proceedings as abridged (protocol) in the current Code of Criminal Procedure of the Kyrgyz Republic cannot be. In substantiating this argument, the authors believe that misconduct is a crime. In this regard, they argue that it is impossible to simplify various procedural forms and institutions, eliminate certain procedural actions provided for in the current Code of Criminal Procedure of the Kyrgyz Republic, and reduce certain procedural guarantees.

scholarly journals IS THE INSTITUTE OF JUDICIAL REVIEW OF DECISIONS TAKEN UNDER APPOINTMENT OF THE COURT SESSION IN NEED OF FURTHER CHANGES?

2017 ◽  
Vol 21 (2) ◽  
pp. 169-175
Author(s):  
T. K. Ryabinina
Keyword(s):  
Practical Importance ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Analysis And Synthesis ◽  
Red Tape ◽  
General Order ◽  
General Scientific ◽  
The Right

The article discusses issues concerning the legal regulation of the procedure for appealing against judicial decisions taken by the court under appointment of the court session. The author raises the problem of the necessity and appropriateness of any decision appeal taken in this stage of the process. Iit is proved that since any judicial decision determining the further movement received from the Prosecutor of the criminal case affects the interests of the participants in the proceedings. So the participants should be given the right of appeal to the General order, that is, in accordance with chapters 45.1 and 47.1 of the code of criminal procedure. In the paper general scientific and special legal methods of studies are used: analysis and synthesis, legal modeling, formally-legal. The scientific novelty of the research lies in the author's approach to the study of the problem which has not only theoretical but also practical importance, namely, to rethink the essence of the appeal against the intermediate court decisions. The author challenges the position of many scientists that the appeal of any and all decisions made under appointment of the court session, having primarily organizational and security nature, creates judicial red tape and delays the timing of the proceedings and therefore the criminal trial on the merits, basing his opinion that sometimes the execution of certain judgments of the court leads to much more temporal, organizational, and material costs than their verification by the higher court. In addition the right to appeal procedural actions and decisions, as a principle of criminal proceedings, along with other principles is designed to protect the legitimate rights and interests of any participant in the process. In modern Russian criminal proceedings that is a priority. Therefore, the author proposes to exclude the provision on prohibition to appeal an individual judge's decision rendered under appointment of the court session from the code of criminal procedure and to leavу only the ban to appeal the decision on the venue, date and time of the hearing.

scholarly journals Implementation of the principle of competitiveness of the parties and free- dom in the presentation of their evidence to the court in the criminal process of some countries of the world

2021 ◽  
pp. 313-316
Author(s):  
O.V. Kuzmenko ◽  
P.R. Levchuk
Keyword(s):  
Criminal Procedure ◽  
The United States ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Criminal Offenses ◽  
Principles Of Justice ◽  
The Individual ◽  
The Right ◽  
Principle Of Legality

One of the tasks of criminal proceedings is to protect the individual, society and the state from criminal offenses, which is achieved through the implementation of other tasks, in particular, by ensuring a rapid, complete and im-partial investigation and trial. In this case, any procedural decisions in criminal proceedings must be based on evi-dence that serves as a kind of link between the event of a criminal offense and the consciousness of the investigator, prosecutor, investigating judge, court. Evidence itself is the main content of criminal procedure in both the pre-trial investigation and in the judicial stages of criminal proceedings in most countries.The authors note that the Constitution of Ukraine as one of the main principles of justice provides for adversarial parties and freedom in providing the court with their evidence and proving their persuasiveness before the court. Factor The Criminal Procedure Code of Ukraine has significantly expanded the scope of this principle of the do-mestic criminal process, including in the field of evidence. Thus, the defense, as well as the prosecution, was given the opportunity to collect evidence during the pre-trial investigation, as a result of which the right of the parties and other participants in criminal proceedings to submit evidence (things and documents) is becoming increasingly important.The article also examines that the principles of criminal procedure in France include: the principle of formality, prosecution, legality, equality, dignity, protection of the victim, urgency of the trial, presumption of innocence, publicity, oral and adversarial proceedings. And the main principles of the criminal process in Germany include: the principle of formality (publicity); the principle of charge; the principle of legality and the principle of compulsory research. A characteristic feature of modern law in the field of criminal procedure in the United States is the consis-tent expansion of the institution of delegated legislation. The US Congress has delegated to the Supreme Court the right to establish rules of criminal procedure that have the force of federal law.

scholarly journals ON A PROSECUTOR AS A SUBJECT OF PROVING ON PRE-TRIAL STAGES OF A NATIONAL CRIMINAL PROCEDURE

2020 ◽  
Vol 12 ◽  
pp. 27-30
Author(s):  
Aleksey A. Zakharyan ◽  
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Scientific Methods ◽  
Foreign Countries ◽  
The Subject ◽  
Forensic Tools ◽  
The Right

The participation of the prosecutor in the criminal process covers both his judicial and pre-trial stages. It is well known that the prosecutor in the Russian criminal process acts as the subject of evidence, not only as the state prosecutor, but mainly as the person conducting the criminal process or observing (supervising) his proceedings in the pre-trial stages of criminal proceedings. In the doctrine of the Russian criminal process, starting with the Charter of the Criminal Procedure of 1864 and up to and including the modern Code of Criminal Procedure of 2001, the prosecutor, to one degree or another, acted as a full-fledged subject of evidence in the preliminary investigation. In the current legal regulation of the prosecutor, despite a number of sign if I can t deformations of his procedural status, it can be attributed to full-fledged subjects of evidence. After the well-known reform of June 5, 2007, which significantly affected the procedural status of the prosecutor at the pre-trial stages of the criminal process, the prosecutor, in the opinion of many well-known procedural scientists (the positions will be given in the presentation of the material), ceased to be a full-fledged subject of proof, since the participation of the prosecutor in evidence is associated with the availability of authority to collect, verify and evaluate evidence. The Russian prosecutor is deprived of forensic tools, he does not have the right to independently collect evidence by carrying out investigative actions, and in relation to the investigation he is deprived of even the authority to give the investigator binding instructions on collecting and verify in evidence. Based on the objectives of the study, the author assesses the content of the powers of the prosecutor as the subject of evidence in the pretrial stages of Russian criminal proceedings When writing the article, the author used general scientific methods (analysis, induction, deduction and others and private scientific methods (formal logical, comparative, legal). Based on analysis of the latest trend since forming the pre-trial stages of the criminal process of foreign countries, it is proposed to clarify the procedural status of the prosecutor in pre-trial proceedings.

scholarly journals The victim’s rights in the use of coercive measures during pre-trial investigation in the Republic of Kazakhstan

2020 ◽  
Vol 2 (2) ◽  
pp. 197-202
Author(s):  
Yerbol Omarov ◽  
Adil Inkarbekov
Keyword(s):  
Preventive Measure ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Process ◽  
Coercive Measures ◽  
Institu Tions ◽  
The Republic ◽  
The Right

Kazakhstan has adopted a policy of procedural economy, which is expressed in the acceleration of the pas-sage of criminal cases at all stages of the criminal process. The introduction of many new procedural institu-tions and forms of pre-trial investigation, the updating of criminal procedure legislation actualizes the issue of investigating the procedural status of the victim. The modern domestic criminal process should provide a balance between numerous novelties and procedural rules designed to ensure compliance with the principle of competition and equality of the parties to the prosecution and defense. In accordance with this principle, "the parties involved in criminal proceedings are equal, that is, they are given equal opportunities to defend their position in accordance with the Constitution of the Republic of Kazakhstan and the CPC. The authors have studied international documents regarding the regulation of the rights of victims in criminal proceedings. The victim is one of the Central figures in the criminal process, especially if it is a crime against the person, and must have broad rights to protect their interests. In this regard, the issue of choosing a preventive measure against a suspect (accused), taking into account the opinion of the victim, is of particular importance. The authors studied the opinions of scientists and practitioners on the issue under consideration, as well as the provisions of criminal procedure legislation regulating the rights and obliga-tions of the victim, the ratio of General and special norms. As a result, the authors concluded that it is necessary to grant the victim the right to Express his opinion on the use or non-use of coercive measures against the suspect. In the course of studying this issue, the authors applied methods of comparative analysis, deduction, forecasting, and others. On the basis of the research, appropriate recommendations were developed to improve the legal regulation of the rights of the victim in criminal proceedings of the Republic of Kazakhstan.

scholarly journals Observance of right to private life (personal privacy) inviolability by pre-trial investigation agencies

2020 ◽  
pp. 118-122
Author(s):  
Oleksandr Kalynovskyi ◽  
Serhii Tkachenko
Keyword(s):  
Human Rights ◽  
Criminal Procedure ◽  
Crime Scene ◽  
Legal Regulation ◽  
Private Life ◽  
Negative Consequences ◽  
Personal Privacy ◽  
Criminal Proceedings ◽  
Sensitive Data ◽  
The Right

Article outlines the legal guarantees of personal privacy inviolability, reveals the content of the right to privacy and provides recommendationsfor pre-trial investigation agencies to conduct certain investigative (search) actions in penal institutions.The European Court of Human Rights refers all issues related to collection, storage, use and provision of access to informationabout person’s life to the sphere of private life. In its practice, the ECHR did not formulate a proper interpretation of the “private life”concept, but only noted the comprehensive nature of this term which does not have an exhaustive definition.Such principle of criminal process as non-interference in private life is reflected in Article 15 of the Criminal Procedure Code ofUkraine, which states that in the course of criminal proceedings non-interference in private (personal and family) life is guaranteed toeveryone.Information about a person’s private life obtained in accordance with the procedure provided for in the Criminal Procedure Codeof Ukraine may be used exclusively for the goals of criminal proceedings. Everyone with access to information about private life isobliged to prevent its disclosure.Authors emphasize that the pre-trial investigation agencies process information with restricted access while performing the tasksassigned in accordance with job descriptions. This may include official or confidential information along with sensitive data – in thesecases unjustified disclosure can lead to serious consequences.Sexuality is defined as one of the most important components of “private life” conceptual framework, which, as the EuropeanCourt of Human Rights has repeatedly emphasized, is the most intimate sphere of life. This domain includes issues related to homosexualrelationships, gender identity and sex life in general. In such cases, it is the protection of the human right to the development ofone’s personality that is crucial. Due to the natural intimacy of these issues it acquires a degree of protection against interference.Based on the analysis of the legal regulation of the crime scene examination in places of detention, authors concluded that thisprocedure is not clearly regulated, and it requires the investigator to properly prepare and comprehend the algorithm of one’s actions,use audio / video recorders and for the investigative action parties and established security in penal institutions for search and involvementof attesting witnesses, involvement of other investigative (search) actions parties, including the stage of crime scene examination.Information about person’s private life, obtained in the course of pre-trial investigation, even if this person is staying at the place ofdetention, must be duly protected from possible disclosure and access of third parties.The fact of interference with a person’s private life (personal privacy) is a violation of human dignity, personal independence andintegrity. Therefore, pre-trial investigation agencies should be able to clearly observe the balance between the interests of the individual,society and the state during criminal proceedings, and each procedural decision and action must be properly executed, as violation ofcriminal procedure entails the loss of not only evidence, but can also lead to negative consequences in connection with the disclosureof information about the private life of a person.In addition, the pre-trial investigation agencies do not have the right to seize the client-lawyer correspondence, personal medicaldocumentation, including sensitive data, during investigative (search) actions in places of temporary isolation (places of detention)without clearly defined judicial procedures, while investigators must inform the person in details about the aim and procedure of itsperformance.

Sign in / Sign up

Export Citation Format

Share Document