Open AccessLIMITS OF COMPETENCE OF AN INVESTIGATING JUDGE IN THE PRE-TRIAL CRIMINAL PROCEEDINGS
Author(s) -
Zane Trukšāne
Publication year - 2019
Publication title -
indivīds. sabiedrība. valsts
Language(s) - English
Resource type - Journals
ISSN - 2592-8457
DOI - 10.17770/iss2019.5298
Subject(s) - appeal , magistrate , relevance (law) , criminal trial , competence (human resources) , criminal investigation , law , psychology , political science , function (biology) , criminal procedure , criminology , social psychology , evolutionary biology , biology
The Institute of Investigation Judge exists in a number of European countries; the Institute of Investigation Judge was introduced in Latvia in 2005. Historically, the investigating judge was created to investigate, but today the institute has survived transformation and, at present, its main function is to monitor respect for human rights in pre-trial criminal proceedings. The relevance of the study is determined by the lack of studies on the performance of an investigating judge. The objective of the study is to explore the role of investigating magistrate in pre -trial criminal proceedings identify gaps and offer concrete solutions. The research tasks include investigating the historical development of the investigating judge, analysing the extent of the powers of the investigating judge in pre-trial criminal proceedings, investigating appeals against decisions taken by the investigating judge. In the view of the author, the main deficiencies found in the activities of the investigating judge in pre-trial criminal proceedings shall be confronted with the cooperation of the investigating judge and the person directing the proceedings, observance of procedural time periods and appeal of decisions of the investigating judges.