Legal Encyclopedia. The letter C

INVESTIGATOR

- Participants in criminal proceedings, an official who is authorized within the limits of competence established in the CCP, to carry out a preliminary investigation of the criminal case. C. has the following powers:

1) to initiate criminal proceedings;

2) to take the criminal case to its production or transfer it to the prosecutor for directions on jurisdiction;

3) self-direct the course of the investigation, to decide on the conduct of investigative or other proceedings, except in cases where, in accordance with the Code of Criminal Procedure required to obtain a judgment and (or) the sanction of a prosecutor;

4) to give the body of inquiry in certain cases mandatory for written instructions on carrying out of operatively-search actions, certain investigative actions on the execution of detention orders, the drive, the arrest, the production of other procedures, as well as receive assistance in their implementation;

5) exercise other powers.

SA has the right to give written instructions on carrying out of operatively-search

activities of certain investigative actions on the execution of the detention order, the drive, the arrest of other procedural actions required for the body of inquiry. He formulates a problem, and the organization of its performance is a function of the body of inquiry. The inquiry body itself determines who will be specifically required to produce action. SA may apply to the body of inquiry with a request to assist in the implementation of remedial actions.

If C does not agree with the actions (inaction) and decisions of the public prosecutor, he has the right to present a criminal case to a higher prosecutor with a written statement of his objections. However, their appeal to the prosecutor does not suspend their execution, except in cases of disagreement with the following decisions of the public prosecutor or the instructions:

1) on the person as a defendant;

2) qualification of the crime;

3) the amount of the charges;

4) on measures of restraint or cancellation or change the preventive measure chosen by the investigator in respect of the suspect or the accused;

5) refusal to consent to an application to the courts on remand or other procedural actions;

6) to refer the criminal case to the court or to terminate it;

7) on the withdrawal or suspension of the investigator it from further conduct of the investigation;

8) to transfer the criminal case to another investigator.

The superior prosecutor shall be entitled to cancel the designation of the subordinate prosecutor or assign the production of the preliminary investigation in the criminal case to another C.