ABOUT CRIMINAL AND PROCEDURAL FUNCTIONS OF THE INVESTIGATOR
| Rok vydání: | 2019 |
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| Předmět: | |
| Zdroj: | Juridical Journal of Samara University. 5:81-85 |
| ISSN: | 2782-2990 2542-047X |
| DOI: | 10.18287/2542-047x-2019-5-4-81-85 |
| Popis: | The article considers the issue of criminal procedural functions of an investigator. It is emphasized that the position of the legislator, who suggested the investigator the only function of the prosecution, is methodologically unjustified, since the criminal process is a jurisdictional law-enforcement process, the very existence of which is caused by the need to apply criminal law to resolve criminal law conflicts. It is proved that the investigator performs the functions stipulated by the logic of the stages of applying the law: establishing the actual basis of the case establishing the legal basis resolving the enforcement decision. The first stage of the application of law corresponds to enforcement actions that characterize the function of the investigation. At the next two stages, depending on the results of the investigation, the prosecution functions or the law enforcement function are implemented. In the legal assessment of established factual circumstances as grounds for criminal liability, the function of the prosecution is realized. In the absence of such grounds, a law enforcement function. It is also noted that the addressees of the law-enforcement function, except for the accused, are all private individuals involved in the criminal process. In this regard, the law enforcement function is universal. |
| Databáze: | OpenAIRE |
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