When you open a criminal case may be unknown perpetrator, the way in which the act was committed, the extent of damage and so on.These and other facts necessary to establish true and accurate.Otherwise solve the issues of guilt and punishment of persons is not possible.
To clarify the original paintings of the offense, the procedure is called an inquiry.In accordance with the principle of the administration of justice to the judiciary, the court must find out the crime scene, to examine all the circumstances, to decide on the guilt and to apply the appropriate penalty.However, the court can not solve these problems, in the absence of the necessary resources, tools, techniques and other things.In this regard, after the criminal case before it is sent to the court for permission law set an intermediate stage.It's called - a preliminary investigation.The presence of this stage does not contradict the position of the administration of justice to the judiciary.This is due to the following:
- Court judicial investigation must be conducted.It is carried out for each criminal case.
- On the question of guilt and punishment to persons who have committed a crime, the decision shall only judicial body.
- preliminary investigation carried out by the same authorities who have the right to institute proceedings.The exception is the court and the judge.
preliminary investigation conducted by the prosecutor, the bodies of inquiry and the investigator.
It is necessary to underline the special position of public prosecutor at this stage of the case.This authorized person is entitled not only to conduct a preliminary investigation, spending it in its entirety or using individual investigative activities.The prosecutor also monitors strict compliance with the order of production procedures in accordance with the criminal procedure law.
The purpose of the event is the desire to establish the truth under the rule of law in the strictest manner.The end of the preliminary investigation suggests the establishment of the perpetrators and the circumstances of the case.
bodies authorized to carry out this procedure, must perform a number of tasks.In particular, they should:
- quickly and fully disclose illegal conduct, exposing the perpetrators.
- provide the conditions under which each offender will be prosecuted by law.
- eliminate the causes and conditions that contribute to the commission of a crime.
- Promote pecuniary damage.
- protect citizens from unreasonable charges.
- bring up a steady adherence to and implementation of the law.
believe it is important not to appoint a punishment for a crime, and prevent the unsolved cases.In this regard, the success of the fight against unlawful acts to a large extent depends on the speed and completeness of the disclosure of each case.
There are two forms of preliminary investigation: preliminary investigation and inquiry.These two types are interrelated and are used in daily practice criminal.
stage of preliminary investigation allows deep quickly and comprehensively understand the judicial authority in all existing circumstances.As a result, and make informed legal verdict.Stage of the preliminary investigation is considered a crucial tool in promoting the disclosure of crimes.This stage is endowed with the necessary capabilities needed to identify and eliminate the causes and conditions provoking the commission of an unlawful act.
