| Abstract [eng] |
The Initiating of Pre-trial Investigation The institute of a criminal procedure – initiating of pre-trial investigation – was studied in this master thesis in order to reveal its concept, to analyze all the decisions that are made and all the actions that are performed at this stage, also theoretical and practical problems that comes with it. The most important aspects of the initiating of pre-trial investigation have been analyzed in this thesis: the grounds of the initiating of pre-trial investigation, subjects that have the right to initiate the pre-trial investigation, features of the initiating of pre-trial investigation in the processes of private and public-private prosecutions, factors determining the initiating of pre-trial investigation (procedural assumptions). The institute of the refusal to initiate the pre-trial investigation is also analyzed, concentrating on the specification of a complaint, statement or report. The concept of such specification, also past, present and future problems that are related to the implementation of this institute are analyzed: possible violations of human rights because of the absence of the possibility to appeal against the validity of specification and performance of specifications procedures, also the absence of the control of public prosecutor and the problems of the implementation of a principal of procedure in a reasonable time. Also the procedure and fixation of the initiating of pre-trial investigation is discussed – forms of decisions to initiate the pre-trial investigation and ways of the beginning of it. The conclusion was drawn that after particular amended provisions in the Code of Criminal Procedure when the stage of bringing the case was eliminated, this stage was replaced by the institute that is very similar to it by its content and meaning – the initiating of pre-trial investigation. And although it is not directly established, this phase factually exists as a stage. So that is why at the time of this stage human rights must be totally assured, and further refinement of the law of criminal procedure is necessary, so in this thesis the suggestions how to accomplish it are given. |
