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The institution of additional investigation: resuscitation or complete failure?

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PDF: Author(s): Malofeyev I. V.,
Number of journal: 3(24) Date: August 2013
Annotation:

The current criminal-procedural legislation provides for virtually unlimited opportunities of the courts for return of the criminal cases by the courts for further investigation, including for correcting the defects of the preliminary investigation. The stated situation is objectively necessary, as it meets the needs of law enforcement practice; however, it violates a number of rights of the participants of the criminal process, including the right to a reasonable period of proceedings. As an alternative to the additional investigation, the author proposes mechanisms to correct the shortcomings of the preliminary investigation in the court.

Keywords:

trial investigation, additional investigation, reasonable period of criminal proceedings, the powers of the public Prosecutor, drawbacks of the preliminary investigation, change in the volume of charges in court

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