ACTUAL PROBLEMS OF PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENCES COMMITTED BY MEMBERS OF ORGANIZED CRIME GROUPS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 1, Issue
Abstract
In the article, in accordance with the provisions of the Criminal procedural code of Ukraine, reveals the legal nature of the Institute combining the pre-trial investigation materials provided, in particular, article 217 of the criminal procedure code of Ukraine. It is noted that combining of materials of pre-trial investigation of criminal offences committed by members of organized criminal groups are meant to be reliable in fulfilling such tasks of criminal proceedings, ensure prompt, full and impartial investigation and judicial review (article 2 of the CPC of Ukraine). At the same time, it is noted that features of legal fastening of the basis for unification can cause problems associated with ungrounded and illegal application of this legal Institute. The publication is aimed at preventing and addressing relevant problems and increase the effectiveness of criminal proceedings concerning criminal offences committed by members of organized criminal groups. The author considers inexpedient to bring together in one criminal proceedings, of materials of several pre-trial investigations of criminal offences committed by members of organized criminal groups, while during each of such investigations was not announced by the person (s) of suspicion. Premature consolidation of several materials of pre-judicial investigations may adversely affect further criminal proceedings through the extension of a particular item of evidence. This situation can also be used during the application of questionable tactics artificial accumulation of charges to achieve this quantity or a combination that would provide the prospect of judicial pronouncement it is a generalized indictment of the sentence. It is noted that illegal and unwarranted combining of materials of pre-trial investigation may be used to commit abuse and crimes by persons conducting criminal proceedings, as well as for the introduction of questionable tactics to ensure adoption of a generalized indictment of the sentence.
Authors and Affiliations
С. Ю. Ільченко
Keywords
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