Legal encyclopedia. The letter O

DISCLOSURE OF THE PROSECUTOR, FOLLOWER, CONTRACTOR.

Officials conducting criminal proceedings can not take part in it if there are the following grounds:

1) they are the victim, civil plaintiff, civil defendant or witness in this case;

2) participated as a juror, an expert, a specialist, an interpreter, a witness, a secretary of the court session, a lawyer, a legal representative of the suspect, accused, representative of the victim, civil plaintiff or civil defendant;

3) are a close relative or relative of any of the participants in the proceedings in this case.

However, the prosecutor, the investigator or the preliminary investigator can not conduct criminal proceedings not only in the case of an already held participation as a witness, but also when one of them can be interrogated in this capacity as a result of their possession of information on circumstances relevant to the case . Including one of them can not take part in the case, if the criminal offense for which the criminal case was initiated, caused moral, physical or property harm, but this person has not yet been recognized as a victim in accordance with the legislation of the Russian Federation.

The dismissal of these officials is also possible provided there are other circumstances that give grounds for doubting their objectivity and impartiality, as they are personally, directly or indirectly, interested in the outcome of this criminal case. These conditions include friendly, friendly or, on the contrary, hostile, hostile relations with participants in criminal proceedings. It also takes into account the possibility of manifesting selfish interest, the existence of debt obligations, etc.

The decision on OP in the course of pre-trial proceedings in a criminal case is taken by a higher prosecutor, and in the course of a judicial proceeding - by a court examining the case. The law stipulates that the participation of the prosecutor in the preliminary investigation and participation in the trial is not an obstacle to the prosecutor's further participation in the proceedings in this criminal case.

The decision on O.S. or D. takes the prosecutor. The previous participation of the investigator, investigator in the proceedings in this criminal case can not serve as a basis for their withdrawal.