Хабаршы. Заң сериясы (Jun 2019)
TO A QUESTION OF DEFINITION OF THE BEGINNING OF CRIMINAL PROSECUTION
Abstract
Article is devoted to a research of the moment of the beginning of criminal prosecution, determination of its features and the legal nature. On the basis of the conducted research the main theoretical approaches to definition of the moment of the beginning of criminal prosecution in criminal procedure are analysed. The analysis of special legal literature allows to allocate several main positions concerning the beginning of criminal prosecution. A number of scientists considers that the beginning of criminal prosecution is initiation of legal proceedings (in Kazakhstan – registration of a statement (messages, the official report) about criminal offense in the Unified register of pre-judicial investigations or production of the first urgent investigative action); others – from the moment of emergence in criminal case of the particular person (the suspect or the defendant); the third – from the moment of application concern-ing the person of measures of procedural coercion. The author’s position concerning the beginning of criminal prosecution makes a start from the moment of detection of signs of criminal offense which can be found out including during operational search activity, in this regard, production of the investiga-tion and search operations directed to identification and disclosure of crimes testifies to the beginning of production of criminal prosecution. Thus, establishment of illegal act, namely its identification and suppression, can be carried out also during investigation and search operations within the Law of the Republic of Kazakhstan “About Operational Search Activity”. Considering the above, the conclusion is drawn that criminal prosecution not always has procedural character. Besides, in article suggestions for improvement of the criminal procedure legislation in this sphere are formulated. The scientific and methodological basis was made by laws of the Republic of Kazakhstan, the Code of Criminal Procedure of the Republic of Kazakhstan and also works of the known scientific protsessualist of Kazakhstan and foreign countries.
