Status of investigator investigator - participants of criminal proceedings, which adopted pursuant to law for his criminal proceedings and solves the problem of the criminal process through investigation functions. Procedurally independent investigator in the activity eruyetsya law. Powers of pre-trial proceedings slidchoho.Pry all decisions about directing the investigation and the proceedings investigative investigator shall independently, except when the law provides for obtaining consent from the court (judge) or the prosecutor, and has full responsibility for their legitimate and timely implementation. In case of disagreement with the instructions of the investigating prosecutor on arraignment of the accused, on the qualification of the crime and the amount of charge, on sending the case for the accused to a solemn trial or the case investigator has the right to bring the matter to the superior prosecutor a written statement of its objections. In this case, the prosecutor or the prosecutor cancels subordinate guidance, or instructs the trial proceedings in this case to another investigator. Investigator investigated him for giving authorities the right to order the inquiry proceedings and to instruct detective and investigation and to request the assistance during the inquiry proceedings separate investigation. These orders and instructions of the investigator for investigation bodies is required. In cases in which pre-trial investigation is required, the investigator has the right at any time to begin pre-trial proceedings, without waiting for execution by the actions of inquiry under Article 104 of this Code.
Terms investigator made according to law in a criminal case, which is in its proceedings is mandatory for all enterprises, institutions and organizations, officials and citizens. In a different investigation investigator may use the typing, audio transcription, Filming and recording powers of the chief investigator of the Investigation Department Head oversees the timely action by investigating the disclosure of crimes and prevent them and take measures to the most complete, thorough and impartial pretrial proceedings investigation in criminal cases. Chief of the Investigations Division has the right to review criminal cases to instruct the investigator on the pre-trial proceedings, the arraignment of the accused, on the qualification of the crime and the amount of charge, on sending the case, the proceedings of certain investigative actions, transfer case from one investigator to another, assign the investigation to several investigator, as well as participate in pre-trial proceedings and personally conduct pretrial investigations, using the authority of this investigator. Guidelines chief investigator of criminal case investigation are given in writing and is binding. The appeal of these guidelines prosecutor does not stop their implementation, except under the second paragraph of Article 114 of this Code. Guidelines prosecutor in criminal cases, data in accordance with rules established by this Code, mandatory for the chief investigator of the Department. The appeal of these guidelines superior prosecutor does not stop its execution.
The investigator must take all legal measures for a comprehensive, full and objective investigation of the case, the tasks of criminal justice, defined as exposing and justifying the defendant, and mitigating and aggravating circumstances of his responsibility. The investigator has the right to interpret the obligation of proof on the accused. Do not seek evidence through violence, threats or other illegal activities. In proceedings investigators and other procedural actions investigator must explain to participants their rights and responsibilities, as well as their implementation, strictly observe the law and ensure the rights and legitimate interests of stakeholders and other citizens. In investigating the relationship of the accused based on the constitutional principle of presumption of innocence, according to which the accused is not guilty until his guilt has not been proven and established by the sentence, which came into force, all doubts in the case, if exhausted opportunities to fix them, must be interpreted and resolved in favor of the accused. Investigator is prohibited: Provadzhuvaty-action, non-law or the order does not comply with current legislation. -Not for reasons prescribed by law and the conditions of extreme necessity to limit the constitutional and other rights and freedoms. -Provadzhuvaty investigate the grounds of self-withdrawn.
Traditional duty-proof to the defendant. Procure evidence and obtaining other evidence by violence, threats or other illegal activities. -Use the same case and involve false evidence, the data source and receiving means which are not known, or information obtained illegally, to notify the court clearly not probable) or inaccurate information. -Disclosing information about the circumstances of private life, he became known Ki in connection with the performance of his duties if such data is not evidence of a crime. -Use his powers to the detriment of justice. Do any involvement in procedural activities of the investigator. When dealing investigation investigator independently chooses the tactics and methods of investigation, provadzhuye investigation and decide the case. No one, except the chief prosecutor or the investigating unit and their deputies, within the powers defined by the Criminal Procedure Code and the functional responsibilities, can not request a criminal investigation to verify or material on which the investigators refused to institute criminal proceedings. Prohibited without permission of the investigator in dealing with the criminal case, giving anyone (except the prosecutor, who oversees) detained or arrested suspects or defendants in such a case for questioning or investigation or other forms of communication neprotsesualnyh. These preliminary investigation can be declared only with the permission of the investigator or prosecutor and the extent to which they deem possible. Criminal case can not be disclosed until the end of pre-trial investigation without the permission of the investigator dealing with the case. If necessary, the investigator warns witnesses poterpshoho, civil plaintiff, civil defendant, defender, expert, specialist, interpreter, witnesses and other persons present during the investigation proceedings, the duty not to divulge information without his permission preliminary investigation. Those responsible for their disclosure bear criminal responsibility. Nobody has the right to give any guidance on the investigation proceedings in a criminal case. Investigator untouchable.
Criminal responsibility of the investigator is permitted only with permission of the Verkhovna Rada of Ukraine on the submission of the Prosecutor General of Ukraine. The investigator may be questioned as a witness only with his consent permission chief investigative unit. Disciplinary measures for violations of the investigator on the criminal procedural legislation nayuiadayutsya only with the conclusions of the chief investigator. Do not bring the investigator to perform functions not related to crime investigation. Assistant investigator. Assistant investigator assumed the MIA of Ukraine Decree № 745 of 25 November 1992 "On urgent measures for improving the structure and operation of pre-trial investigation in 'Internal Affairs of Ukraine." Assistant investigator is an employee of the body dosutsovoho investigation in duties which includes assisting ykonannya investigator and his instructions relating to the investigation of criminal cases. Under status it:-is to conduct investigations of witnesses that the victims (suspects), specialists, experts, civil plaintiffs and defendants and other stakeholders;-involves witnesses to participate in the conduct of proceedings-application-makes sound and video equipment for maintenance -documentation of investigative actions;-packs seized in the physical evidence;-delivers to the destination required documents, objects, material evidence.
List of Literature
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