Вісник Харківського національного університету внутрішніх справ (Jul 2021)
Tasks and Content of procedural Guidance of Pre-Trial Investigation of Criminal Offenses Committed by a Group of Persons
Abstract
The author has carried out analysis of scientific approaches to the interpretation of the concept and meaning of the institution of procedural guidance of pre-trial investigation in general, as well as taking into account the specifics of criminal offenses committed by a group of persons. It has been argued that the procedural guidance of pre-trial investigation is one of the functions of the prosecutor aimed at ensuring the effectiveness of criminal proceedings, which is undoubtedly implemented as a procedural form of interaction with the relevant pre-trial investigation agencies. It has been emphasized that the procedural guidance of pre-trial investigation of criminal offenses in general and those committed by a group of persons plays an important role in ensuring the effective implementation of the tasks of criminal proceedings. Procedural guidance of pre-trial investigation of criminal offenses committed by a group of persons has been defined as one of the functions of a prosecutor aimed at timely detection of criminal offenses committed by a group of persons, their effective pre-trial investigation, protection of rights and freedoms of lawful participants in criminal proceedings, on overcoming the opposition to pre-trial investigation of such offenses, which is implemented as a procedural form of interaction with the relevant pre-trial investigation agencies. The content of the procedural guidance of pre-trial investigation of criminal offenses committed by a group of persons has been revealed. It has been offered to present the content of the specified procedural guidance to the following groups of powers of the prosecutor: powers aimed at timely detection of criminal offenses committed by a group of persons, their effective pre-trial investigation; powers aimed at protecting the rights and freedoms of lawful participants in criminal proceedings; powers aimed at overcoming the opposition to pre-trial investigation of criminal offenses committed by a group of persons.
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