Challenges to the prosecutor's ability to oversee a preliminary investigation
DOI:
https://doi.org/10.17308/law/1995-5502/2025/2/208-214Keywords:
prosecutorial oversight, criminal proceedings, preliminary investigation, inquiry, under investigation, disputes about jurisdiction, connection of criminal cases, petitions of the investigator (interrogator), judicial controlAbstract
The article attempts to summarize some of the problems of prosecutorial supervision of the procedural activities of the preliminary investigation bodies. It is argued that the determination by the prosecutor of the jurisdiction in cases of crimes of small and medium gravity is applied to the corpus delicti not specified in Article 151 of the Criminal Procedure Code of the Russian Federation. The grounds for transferring the criminal case from the inquiry body to the preliminary investigation body are systematized. The issues of resolving disputes about jurisdiction by the prosecutor are being considered. The procedure for the prosecutor to connect criminal cases in the proceedings of various bodies of preliminary investigation is summarized. It is argued that the refusal of the prosecutor to support the petition of the investigator (interrogator) stated at the hearing is not mandatory for the court.
