Publication date: 29.05.2024
The main stages of pre-trial investigation of criminal cases
Pre-trial investigation is an integral part of the criminal process, which includes a set of measures aimed at establishing the circumstances of the commission of a criminal offense, collecting evidence and bringing guilty persons to criminal responsibility. In the criminal process of Ukraine, the pre-trial investigation is regulated by the Criminal Procedure Code (CPC).
The main stages of the pre-trial investigation
1. Beginning of pre-trial investigation:
- Registration of a criminal offense: A pre-trial investigation begins from the moment of entering information about a criminal offense into the Unified Register of Pre-Trial Investigations (ERDR).
- Notification of suspicion: A person is notified of suspicion of committing a criminal offense, which is the basis for further investigation.
2. Carrying out investigative (search) actions:
Investigative actions: Investigative actions are carried out, such as interrogations, searches, inspections, examinations, removal of information from telecommunication networks, etc.
Collection of evidence: Collection and recording of evidence necessary to confirm or deny the fact of committing a criminal offense, the guilt of the suspect, as well as for other circumstances relevant to the criminal case.
3. Procedural support:
Precautionary Measures: Application of preventive measures such as detention, house arrest, personal bond, bail, etc.
Protection of the rights and freedoms of participants in the process: Ensuring the rights and freedoms of the suspect, victim, witnesses and other participants in criminal proceedings.
4.Completion of the pre-trial investigation:
Closure of criminal proceedings: If there is no sufficient evidence of the suspect's guilt or there are other grounds provided for by the Criminal Procedure Code, the criminal proceedings may be closed.
Drawing up an indictment: If the collected evidence confirms the suspect's guilt, the investigator or prosecutor draws up an indictment, which is sent to the court for consideration of the merits of the case.
Basic principles of pre-trial investigation:
1. Legality: The pre-trial investigation must be conducted in accordance with the law, in compliance with all legal norms and procedures.
2. Protection of human rights and freedoms: Pre-trial investigation must ensure the protection of the rights and freedoms of all participants in the process.
3. Objectivity: All circumstances of the case must be investigated comprehensively, completely and objectively.
4. Presumption of innocence: A person is considered innocent until his guilt has been proven in a legal manner and established by a final court verdict.
5. Competitiveness of the parties: The pre-trial investigation should ensure the equal rights of the prosecution and defense parties, their right to present evidence and arguments.
Pretrial investigation is an important stage of the criminal process, which determines the further course of the case and affects the final decision of the court. Ensuring legality, objectivity and protection of rights of process participants are key aspects of this stage.
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