Legal encyclopedia. Letter P

PRELIMINARY INVESTIGATION

- the stage of the criminal proceedings: the type and form of the preliminary investigation that follow the institution of the criminal case and precede the stage of appointment of the court session.

PS carry out the bodies of inquiry and investigation: they collect, verify and evaluate the evidence on the basis of which the circumstances are established, for the full and rapid disclosure of the crime, exposing and attracting the person as the accused.

In the process of investigation, procedural proof takes place.

Tasks PS:

1) rapid and full disclosure of the crime;

2) comprehensive, complete and objective investigation of the circumstances of the criminal case;

3) detection and procedural consolidation of evidence;

4) legal and reasonable involvement of persons as defendants;

5) ensuring the participation of the accused in the proceedings in the criminal case and not permitting further criminal activity on his part;

6) determination of the amount of damage caused by crime;

7) identify the causes and conditions that contributed to the commission of the crime.

The investigator during the conduct of PS can perform the following actions:

1) take a criminal case to its proceedings;

2) carry out investigative actions;

3) to attract a person as an accused;

4) bring charges;

5) to continue the production of investigative actions for the final determination of the circumstances essential for the resolution of the criminal case;

6) to finish P.S.

The actions of the investigator should lead to the conviction of the guilty and bringing him to justice.

The term of the PS includes the time from the day the criminal case is instituted before it is sent to the prosecutor with an indictment or a decision to transfer the criminal case to the court

To consider the issue of the application of compulsory measures of a medical nature or before the issuance of an order to terminate the proceedings in a criminal case. Time does not include the time during which PS was suspended.

If it is necessary to extend the term, the investigator shall issue a corresponding resolution and submit it to the prosecutor no later than 5 days before the expiry of the term.

The term can be extended if a criminal case is being investigated, which presents particular complexity. Renewal is carried out by the prosecutor or his deputy. Further extension of the term of PS is made in exceptional cases by the RF Prosecutor General or his deputy. Further extension of the term of the PS is carried out on general grounds in the order established by the CPC.