| Abstract [eng] |
Commencement of the pre-trial investigation The main purpose of this paper is analyzing and assessment of the grounds and conditions for commencement of the pre-trial investigation as well as theoretical and practical problems related to the above. The provisions of the Criminal Procedure Code are compared to the analogical provisions of foreign states. According to the provisions of the Criminal Procedure Code which are currently in force, the pre-trial investigation is commenced if the grounds for institution of criminal proceedings exist, i.e. if the information about an allegedly committed criminal offence is reliable and if there are no conditions which render the institution of criminal proceedings impossible. A complaint, or a statement, or a report on a criminal offence are considered to be the grounds for institution of the pre-trial investigation; if indications of a criminal offence are established by a prosecutor or a pre-trial investigation officer, this fact is also considered to be the grounds for institution of a pre-trial investigation. Furthermore, there are certain criminal offences, specified in the Criminal Code, which may be investigated only in case a victim’s or his representative’s complaint exists; only in exceptional cases the pre-trial investigation into such offences shall be commenced on a prosecutor’s request. The paper also analyzes an amendment of the Criminal Procedure Code, which specifies the actions that must be taken in order provide details more precisely, as well as practical problems arising during execution of such actions. Furthermore, the paper analyzes the possibilities of filing an appeal in case a request to commence a pre-trial investigation is dismissed. The details of formalizing a decision to commence a pre-trial investigation are also explained in this paper. The method of studying scientific literature as well as methods of comparative analysis, systematic analysis, theological and logical analysis have been used in this paper. The paper provides some offers and conclusions. |
