Procedural status of prosecutor during the conduction of short inquiry
The issues of conducting short inquiry from the position of prosecutor’s procedural status are considered. Low rate of applying short inquiry is caused by ignorance about this procedural form among the participants in criminal procedure. The initiators of conducting short inquiry were not suspects (...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Tyumen Advanced Training Institute of the Ministry of the Interior of the Russian Federation
2014-12-01
|
| Series: | Uridičeskaâ Nauka i Pravoohranitelʹnaâ Praktika |
| Subjects: | |
| Online Access: | http://naukatipk.ru/images/2014/4/nikanorov.pdf |
| _version_ | 1811312585345073152 |
|---|---|
| author | Nikanorov S.A. |
| author_facet | Nikanorov S.A. |
| author_sort | Nikanorov S.A. |
| collection | DOAJ |
| description | The issues of conducting short inquiry from the position of prosecutor’s procedural status are considered. Low rate of applying short inquiry is caused by ignorance about this procedural form among the participants in criminal procedure. The initiators of conducting short inquiry were not suspects (accused), but their lawyers who followed by their own ambitions, not by the interests of defendants. The insufficiency of total time of short inquiry is noted. The author proposes to minimize prosecutors’ paperwork, notably to concentrate their attention on collecting crime data by conducting secret investigation operations, receiving explanations and other documentation. Obtained data should be processed according to police regulations. Confession of guilt, recognition of damage and consent with legal assessment of criminal act allow to collect only the evidence, indicating crime event and complicacy of a person (expertise should be established on court’s initiative). The favourable conditions of adequacy of collected evidence for establishing crime event, character and amount of damage, as well as guilt of committing crime are confirmed. The right of investigators not to examine evidences if they were not contradicted by suspect, victim or his/her representative (predetermined strength of evidence) is criticized. There is no short effective procedure of trying criminal cases with rational division of powers among the authorities, conducting criminal proceeding. The author proves the necessity of reasonable approach to prosecutor’s supervision of conducting short inquiry. Main tendency of further improvement of short inquiry procedure is redivision of powers among agencies in charge of preliminary investigation and prosecutor’s office. |
| first_indexed | 2024-04-13T10:38:52Z |
| format | Article |
| id | doaj.art-095be480d74c4ce68f46b936e91d04fa |
| institution | Directory Open Access Journal |
| issn | 1998-6963 |
| language | English |
| last_indexed | 2024-04-13T10:38:52Z |
| publishDate | 2014-12-01 |
| publisher | Tyumen Advanced Training Institute of the Ministry of the Interior of the Russian Federation |
| record_format | Article |
| series | Uridičeskaâ Nauka i Pravoohranitelʹnaâ Praktika |
| spelling | doaj.art-095be480d74c4ce68f46b936e91d04fa2022-12-22T02:49:58ZengTyumen Advanced Training Institute of the Ministry of the Interior of the Russian FederationUridičeskaâ Nauka i Pravoohranitelʹnaâ Praktika1998-69632014-12-014(30)211216Procedural status of prosecutor during the conduction of short inquiryNikanorov S.A.0Nizhny Novgorod Law AcademyThe issues of conducting short inquiry from the position of prosecutor’s procedural status are considered. Low rate of applying short inquiry is caused by ignorance about this procedural form among the participants in criminal procedure. The initiators of conducting short inquiry were not suspects (accused), but their lawyers who followed by their own ambitions, not by the interests of defendants. The insufficiency of total time of short inquiry is noted. The author proposes to minimize prosecutors’ paperwork, notably to concentrate their attention on collecting crime data by conducting secret investigation operations, receiving explanations and other documentation. Obtained data should be processed according to police regulations. Confession of guilt, recognition of damage and consent with legal assessment of criminal act allow to collect only the evidence, indicating crime event and complicacy of a person (expertise should be established on court’s initiative). The favourable conditions of adequacy of collected evidence for establishing crime event, character and amount of damage, as well as guilt of committing crime are confirmed. The right of investigators not to examine evidences if they were not contradicted by suspect, victim or his/her representative (predetermined strength of evidence) is criticized. There is no short effective procedure of trying criminal cases with rational division of powers among the authorities, conducting criminal proceeding. The author proves the necessity of reasonable approach to prosecutor’s supervision of conducting short inquiry. Main tendency of further improvement of short inquiry procedure is redivision of powers among agencies in charge of preliminary investigation and prosecutor’s office.http://naukatipk.ru/images/2014/4/nikanorov.pdfshort inquiry forminvestigatortime of inquirysuspectsstatus of prosecutor |
| spellingShingle | Nikanorov S.A. Procedural status of prosecutor during the conduction of short inquiry Uridičeskaâ Nauka i Pravoohranitelʹnaâ Praktika short inquiry form investigator time of inquiry suspects status of prosecutor |
| title | Procedural status of prosecutor during the conduction of short inquiry |
| title_full | Procedural status of prosecutor during the conduction of short inquiry |
| title_fullStr | Procedural status of prosecutor during the conduction of short inquiry |
| title_full_unstemmed | Procedural status of prosecutor during the conduction of short inquiry |
| title_short | Procedural status of prosecutor during the conduction of short inquiry |
| title_sort | procedural status of prosecutor during the conduction of short inquiry |
| topic | short inquiry form investigator time of inquiry suspects status of prosecutor |
| url | http://naukatipk.ru/images/2014/4/nikanorov.pdf |
| work_keys_str_mv | AT nikanorovsa proceduralstatusofprosecutorduringtheconductionofshortinquiry |