Publication date: 17.05.2024
Legal aspects of a special pre-trial investigation: an analysis of contradictions and the importance of legal precision
In the field of justice, sometimes even the smallest details can be crucial. One of these points is a special pre-trial investigation (SDR) and the procedure for its implementation. Recently, Ukrainian human rights defenders and experts have been actively discussing the issue of changing the notice of suspicion after obtaining a permit for SDR. Let's look at some aspects of this problem and its possible consequences.
At first glance, changing the Suspicious Notice after obtaining a SDR permit may seem like a minor process. However, in accordance with the current legislation of Ukraine, a special pre-trial investigation is carried out in relation to the suspect, and only after receiving a notification of suspicion can a request for permission to conduct it be made.
Is it legal to change the notification of suspicion after obtaining a permit for SDR? According to the Criminal Procedure Code of Ukraine (CPC), this practice may be contrary to the law. On the basis of the decision of the investigating judge, SDR can be carried out only in relation to specific crimes, which are specified in the relevant legal acts, and in individual cases. The prescribed procedure provides for the duty of the investigating judge to take into account the presence of sufficient evidence to suspect the person who is the subject of the investigation.
However, is this principle taken into account in practice? According to the requirements of the CPC, the investigating judge must carefully check the presence of evidence before issuing a permit for SDR. This means that changing the suspicion report after such authorization may cause certain legal conflicts.The CPC notes that a repeated request to conduct a special pre-trial investigation to the investigating judge in one criminal proceeding is not allowed. But, first of all, in this case it is not the same KP. In case of a new suspicion, it is actually a KP in which two KPs are combined, and the KPK of Ukraine also notes certain cases when a repeat application is possible.
Some experts believe that this practice may contradict the basic principles of justice and the rights of suspects. They claim that the legality of the SDR and the observance of procedural guarantees may be in doubt in the event of a change in the notification of suspicion without obtaining permission to conduct the investigation again.
However, some note that in cases where there are new circumstances or additional evidence, a change in the suspicion report may be warranted. However, in such cases, it is important to comply with all the requirements of procedural legislation and ensure the rights of the suspect. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers, documents, lawyer's assistance online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online
So, the conclusion is that a special pre-trial investigation is a complex and important process in ensuring justice and fighting crime. Compliance with all legal requirements and ensuring the rights of the persons who are the object of the investigation is of crucial importance for ensuring fairness and efficiency of justice.
