| Abstract [eng] |
The master's thesis aims to explain the concept of the institute of criminal procedure, i. e., the initiation of pre-trial investigation, and to analyze the theoretical and practical problems related to this institute. This thesis is dedicated to analyzing the most important aspects of starting a pre-trial investigation: development, concept, basics of starting a pre-trial investigation, peculiarities of starting a pre-trial investigation for criminal acts established in the Criminal Code, for which a pre-trial investigation can be started only in a case of a complaint by the victim or his authorized representative; also to raise a question of the data sufficiency. The latest scientific works and court practices are examined to analyze the aspects in question. Although the main object of this thesis is the institution of initiation of pre-trial investigation, some theoretical and practical issues of corrective actions and refusal to initiate a pre-trial investigation are analyzed along with it. The thesis also pays considerable attention to the development of corrective actions and the illegal performance of corrective actions. The institution of the refusal to initiate a pre-trial investigation is analyzed, attention is paid to its foundations, and problematic aspects of the refusal to initiate a pre-trial investigation related to the shortcomings of the decision to refuse to initiate a pre-trial investigation. An empirical study was conducted to reveal the issues of initiation of pre-trial investigation and the institutes related to it. During the empirical study, pre-trial investigation officers were interviewed, and they answered questions related to the initiation of a pre-trial investigation, refusal to initiate a pre-trial investigation and the performance of corrective actions. The results of this research are presented along with the questions raised and analyzed in the thesis. |
