Open AccessBody of preliminary investigation in the modern russian criminal proceeding
Author(s) -
Илья Степанович Дикарев
Publication year - 2021
Publication title -
ûridičeskij vestnik samarskogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2782-2990
pISSN - 2542-047X
DOI - 10.18287/2542-047x-2021-7-2-63-69
Subject(s) - independence (probability theory) , criminal procedure , criminal investigation , law , state (computer science) , psychology , political science , computer science , statistics , mathematics , algorithm
In the modern Russian criminal proceeding the role of the head of the investigative body has increased so much that it is no longer necessary to talk about any procedural independence of the investigator. This situation is highly criticized in the legal literature and the researchers note the necessity to return the investigator to the former procedural status. According to the author of the article, the current state of the issue should not be considered problematic since in the conditions of the changed criminal procedure regulations the investigator is no longer a single body of the preliminary investigation. The preliminary investigation is carried out jointly by the investigator and the head of the investigative body, who is assigned a leading and controlling role. In fact, there are grounds to speak about the collegiality of the modern preliminary investigation. At the same time, the preliminary investigation body is currently an investigative body and therefore procedural independence should be provided not to the investigator, but to the investigative body.