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A significant body of scholarly literature examines the shortcomings of the preliminary investigation. However, the historical aspects of this problem have not been thoroughly investigated. Currently, there is a lack of papers giving the comprehensive analysis of the shortcomings of preliminary investigation before the revolution. The paper examines the concept and types of shortcomings of the preliminary investigation mentioned in the works of Russian processualists of the second half of the 19th and early 20th century. The Author hypothesizes that by the beginning of the twentieth century, the doctrine prescribed that the shortcomings of the preliminary investigation as a relatively mass phenomenon, the essence of which was a violation of the requirements and procedures of the preliminary investigation. The Author uses historical and legal, statistical methods, a system analysis. The historical and legal methods enabled the Author through the analysis of the provisions of the doctrine, the Statute of Criminal Proceedings of 1864, and the changing judicial practice, to retrospectively trace academic approaches to the shortcomings of preliminary investigation. In addition to the historical and legal methods, the Author uses the method of system analysis. This analysis helps to examine the shortcomings of preliminary investigation in their connection with the main stages and institutions of the pre-revolutionary criminal procedures. The statistical methods helped to reveal the structure and identify the changes in the shortcomings of the preliminary investigation from 1874 to 1914. The Author has come to the following conclusions: the content of the concept of "shortcomings of the preliminary investigation" was revealed through characterizing typical violations committed during the preliminary investigation; such shortcomings of preliminary investigation as major violations committed; non-criminal actions of the court investigator; certain procedural and social consequences. The Author concludes that it is advisable to relate investigation mistakes of present time to the provisions of the pre-revolutionary doctrine. The paper reveals the structure of the shortcomings of preliminary investigation including the incompleteness of the preliminary investigation and its biased character, prolonged proceedings, violations of the forms and procedure of preliminary investigation, incorrect classification of crime. The Author proves that the greatest drawback in the structure of the preliminary investigation was incompleteness of the preliminary investigation. For the period from 1874 to 1914, a tendency of increasing the number of mistakes made at the stage of the preliminary investigation was revealed.

Catastrophic landslide accidents are a significant global issue, resulting in considerable loss of life and property damage. However, traditional landslide survey methods are typically time-consuming and require expensive equipment, which hinders timely responses to the need for landslide rescue and accident investigation. This study proposes a method for utilizing timely crowdsourced data in the preliminary investigation of catastrophic landslide accidents. Specifically, we examine the case of the Xinjing Landslide in Inner Mongolia, China, which occurred on February 23, 2023. We demonstrate the ability of crowdsourced data to provide real-time information about landslide occurrence, size, movement direction, and speed. Moreover, we analyze the possible triggers of the landslide based on the gathered data. Our findings suggest that prompt crowdsourced data can provide valuable information about landslides and potentially save lives through timely responses. This study emphasizes the potential of timely crowdsourced data in enhancing landslide investigation and calls for further research into the integration of crowdsourced data with traditional monitoring methods. [ABSTRACT FROM AUTHOR]

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In recent years, there has been an increase in the level of crime among minors; these circumstances raise serious concerns and require great attention. High-quality investigation of crimes committed by adolescents is a key aspect of modern law enforcement. The interaction of preliminary investigation bodies with juvenile affairs units is a pressing problem today. Officers need to analyze the characteristics of interaction, the advantages and disadvantages of different approaches. Based on the analysis of practical experience, the author offers practical recommendations for optimizing this process in order to ensure the protection of the rights of minors and the effective fight against crime among this category of population. Purpose: to analyze the problems of interaction between the investigator and the juvenile affairs unit, optimizing and developing joint work of subjects to investigate crimes committed by minors. Methods: specific scientific methods (conversation and interviews, questionnaires, comparative legal analysis); empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic, analogy, analysis, generalization, classification; psychological methods. Results: the study makes it possible to identify and consider one of the most problematic issues of interaction between the investigator and the juvenile affairs unit, that is the lack of clearly defined techniques of joint work based on the forms of interaction. The author gives a classification of special private techniques, taking into account the age of the suspect and his behavior (attitude to the investigation process).

Copyright of Revista do Curso de Direito do UNIFOR is the property of UNIFOR Law Course Magazine / Revista do Curso de Direito do UNIFOR and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of the Association of Arab Universities for Higher Education Research is the property of Journal of the Association of Arab Universities for Higher Education Research and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In a criminal investigation, displaying an unexpected emotional demeanor could trigger suspicion or perceptions of involvement. Across two studies, mock investigators read a case summary of a preliminary investigation where emotional demeanor (expected/unexpected) and gender of a person of interest (POI) in the investigation (man/woman) were systematically varied. In the second study, a cognitive busyness manipulation was included. In Study 1 (n = 420), an unexpected emotional demeanor led to lower ratings of appropriateness, negative affect display, credibility, and inflated perceptions of suspicion. These results were replicated in Study 2. In Study 2 (n = 396), results showed both main and interaction effects for both emotional demeanor and gender on judgments of several relevant evaluations including suspicion, involvement, and credibility, evidencing the influence of emotional demeanor at a very early stage of investigation, particularly for females. Cognitive busyness did not affect any evaluations of the case or POI. [ABSTRACT FROM AUTHOR]

This article reflects on the extensive use of irregular burials in public cemeteries as a method of disappearance/elimination of bodies during the last civic-military dictatorship in Argentina. Drawing on a historical-anthropological perspective, it investigates a paradigmatic case: the discovery of one of the largest mass graves in Latin America, located in the San Vicente Cemetery in the city of Córdoba, Argentina. The underlying assumption guiding the analysis is that irregular burial involved the intervention of bureaucratic-administrative instances linked to the regular handling of corpses—hospitals, morgues, and public cemeteries—resulting in the existence of documentary traces that currently account for its use and extent. The article begins with the description of a letter written in 1980 by morgue workers and a newspaper article about the first identification in Córdoba, serving as temporal markers of a lengthy search process. The geographical and historical reconstruction of San Vicente and its burial practices configure it as a territory of marginalities and impurities, as a receiver of bodies of the sick, the poor, and also “subversive delinquents.” Analyzed as cultural artifacts, the morgue’s entry books and the 1980 letter reveal different aspects of the irregular burial practice and how the bodies of the murdered were incorporated into the routines of state agencies. Such records were crucial in the forensic anthropological work of searching for and locating the large mass grave. The article is framed among studies focusing on the “legal” and “administrative” forms of state repression and terror. It seeks to highlight the importance of preliminary investigation and interdisciplinarity in the application of forensic anthropology, not only in the analyzed geographical area but also in clarifying the multiple violences that permeate the region.

Today, the Internet is considered the best tool for speed and price. These advantages have caused a significant part of communication and information to be stored and transmitted in this space. However, the open nature of the network has paved the way for various people to enter so that they can quickly check data and control people without a warrant from a judicial authority. These concerns at the world level have caused increasing measures to be established in the laws of countries and international documents to prevent this and protect people's privacy. Law enforcement, network service providers or other people can violate this privacy. During the proceedings, judicial authorities and bailiffs may attempt to violate this privacy under the pretext of discovering a crime and finding a reason, so it is necessary to anticipate the mechanisms required in this field. With these explanations, the main question of this research is to what extent will the general rules of criminal procedure regarding protecting the privacy of information and communications in cyberspace be responsive to how the prosecution authorities deal with the investigation? This research investigates the current situation and expresses the gaps using library sources and looking at international laws and documents. According to the findings of the study, there is a high possibility of information and communication privacy violations by the investigating authorities in the judicial process, and despite the provision of defensible measures in the computer crimes law and the electronic commerce law, there are still deficiencies in some areas; Therefore, it is suggested to adopt measures such as using artificial intelligence and biometrics in this regard.

The article analyzes the positions of scientists and practitioners proposing to reform the stage of initiating criminal proceedings or abandon it. The author argues for the need and conditions to preserve this stage in Russia’s criminal procedure. Purpose: to identify the key arguments of supporters and opponents of maintaining the procedural stage of initiating criminal proceedings, evaluate and systematize them. Methods: general theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic, comparative legal, method of description, method of interpretation, method of interpretation of legal norms. Results: the article reveals the tendencies in the formation of diametrically opposite scientific judgments on the existence of the initiation stage of criminal proceedings. Foreign experience of abandoning this stage is analyzed. An «intermediate» solution is proposed to maintain the stage with a possible expansion of the discretion of the law enforcer.

This article reflects on the extensive use of irregular burials in public cemeteries as a method of disappearance/elimination of bodies during the last civic-military dictatorship in Argentina. Drawing on a historical-anthropological perspective, it investigates a paradigmatic case: the discovery of one of the largest mass graves in Latin America, located in the San Vicente Cemetery in the city of Córdoba, Argentina. The underlying assumption guiding the analysis is that irregular burial involved the intervention of bureaucraticadministrative instances linked to the regular handling of corpses--hospitals, morgues, and public cemeteries--resulting in the existence of documentary traces that currently account for its use and extent. The article begins with the description of a letter written in 1980 by morgue workers and a newspaper article about the first identification in Córdoba, serving as temporal markers of a lengthy search process. The geographical and historical reconstruction of San Vicente and its burial practices configure it as a territory of marginalities and impurities, as a receiver of bodies of the sick, the poor, and also "subversive delinquents." Analyzed as cultural artifacts, the morgue's entry books and the 1980 letter reveal different aspects of the irregular burial practice and how the bodies of the murdered were incorporated into the routines of state agencies. Such records were crucial in the forensic anthropological work of searching for and locating the large mass grave. The article is framed among studies focusing on the "legal" and "administrative" forms of state repression and terror. It seeks to highlight the importance of preliminary investigation and interdisciplinarity in the application of forensic anthropology, not only in the analyzed geographical area but also in clarifying the multiple violences that permeate the region. [ABSTRACT FROM AUTHOR]

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The article shows the significance of a witness and testimony in proving the circumstances in a criminal case. The legal status of this participant of legal proceedings is analyzed by considering a number of relevant norms of the Criminal Procedure Code of the Russian Federation. The article considers the witness’s rights, his or her duties, and attention is paid to persons who cannot testify due to testimonial immunity. The problems of ensuring the safety of witnesses are outlined, which leads to the conclusion that failure to provide for their safety excludes the participation of witnesses in a criminal case. Reference is made to the need to strengthen the criminal liability of witnesses for refusing to testify when the form of such refusal is the failure to appear before the preliminary investigation authorities and the court. The purpose of the study is to identify the legal nature of the witness status and his legal responsibility taking into account modern requirements of law enforcement activities. The dialectical method serves as the methodological foundation of the research. In addition, the general scientific methods of analysis, synthesis and system approach are applied, as well as special-legal methods: legal interpretation and logical-legal. Conclusions are reached on the need to improve the legal status of the witness, to strengthen measures to ensure the safety of witnesses, to increase the legal responsibility of witnesses for actions that violate the witne ss’s duties.

Introduction. Investigation of criminal cases is associated with the need to apply measures of criminal procedural coercion. Coercion and restriction of constitutional rights of citizens in varying degrees is inherent in most investigative actions. Recognising the necessity of application of procedural coercion to achieve the goals of criminal proceedings, the need for effective measures of legal control over the legality and validity of the application of law-restricting measures is substantiated.Materials and methods. The research is based on the analysis of the norms of the Constitution of the Russian Federation, CPC of the Russian Federation, as well as scientific publications on the investigated problem of Russian scientists. The research is carried out in retrospect of formation of procedural guarantees of ensuring human rights and freedoms in the domestic legislation. The comparative legal analysis of domestic and foreign legislation is carried out.Analysis. The issues of law enforcement related to the means and ways of realization of human rights in criminal proceedings are studied. Each of the components of the mechanism of ensuring individual rights in criminal proceedings, which only in their totality function as a balanced mechanism, is analyzed. Accuracy, logicality, certainty of legislative prescriptions, which allow to adequately implement the legal regulation of relations, are important factors in the effectiveness of criminal procedural activity. The role of prosecutor’s supervision, departmental and judicial control in the implementation by citizens of their rights and legitimate interests in criminal proceedings is revealed.Results. Problems in the legal regulation of criminal procedural legal relations and the potential risk of violation of human rights, indicate the need for further improvement of the prescriptions of the CPC of the RF, the practice of their application, which must necessarily be associated with the creation of additional mechanisms aimed at ensuring the constitutional rights and legitimate interests of participants in the process.

This study examined two things; the first is related to the relationship between judicial disputes, legal protection, and the role of the preliminary investigator; the second is related to the expansion of the phrase of preliminary investigation stages in the Criminal Procedure Code through systematic interpretation. This study applied normative legal research methods specified on the type of legal research for in-concreto cases. To strengthen the study, a statutory approach, a case approach, and a theoretical approach were used. The results of the study found that the actions of preliminary investigator who were limited to carrying out preliminary investigation without paying attention to cases that had a direct relationship with the cases being investigated could not yet provide legal protection, because they opened up opportunities for judicial disputes to occur. Speaking of which, judicial disputes need to be avoided through the use of systematic interpretation carried out by preliminary investigator in the preliminary investigation stages to expand the interpretation of the phrase of preliminary investigation stages in the Criminal Procedure Code and its derivative regulations. The systematic interpretation referred to is carried out in a limited manner, by simply reading opportunities for civil lawsuits and state administrative requests from parties involved in the case being investigated. In addition, it ensured the similarity of the parties involved in criminal cases as well as civil cases or state administrative cases in question.

The scientific article is devoted to the definition of certain features of the procedure for conducting a pre-trial investigation in criminal proceedings of foreign countries. The origins of the separation of the «preliminary investigation» as a separate stage of the criminal process are established, as well as the relationship of national legal traditions and types of legal systems with the corresponding standards inherent in the criminal process is traced. The analysis of the criminal procedural legislation of the Federal Republic of Germany, the Kingdom of Spain, Great Britain and the French Republic was carried out. The main aspects of the pre-trial investigation and inquiry of the Federal Republic of Germany have been studied. It has been established where criminal proceedings begin, how the interaction between prosecutors and police officers is configured, which is free evidence. Attention is focused on the types of suspicions depending on the degree of probability and functional purpose. It was determined that the pre-trial investigation as an independent stage of criminal proceedings, according to the Criminal Procedure Law of Spain, is always the first in the criminal process. However, at the same time, the inquiry is in no way formally separated from the pre-trial investigation. The prosecutor and the investigating judge are united with the common goal of identifying the person who committed the crime and collecting the necessary evidence. The specifics of this stage depending on the type of proceedings are also indicated. The characteristic features of criminal proceedings in Great Britain, which do not include the stage of pre-trial investigation at all, are considered. Despite the possibility of the defense party to collect evidence independently, the police’s activities are considered extra-procedural, and therefore all the factual data collected by them need to be presented to the magistrate and their further confirmation. The position and procedure for starting an investigation under French law is outlined. Her criminal process considers inquiry and preliminary investigation as separate independent stages. First of all, an inquiry is conducted, then a criminal prosecution is initiated, after which a preliminary investigation begins. The conclusion of the article emphasizes the need for coordinated work of law enforcement agencies based on the principles of the rule of law, legality and justice. The necessity of applying the experience of foreign countries in improving the pre-trial investigation of Ukraine is argued. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Business & SMEs is the property of ECORFAN-Mexico S.C. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article carries out a historical and legal analysis of the concept and types of war crimes and the order of their investigation in Ukraine under the Central Rada. It is shown that at the beginning of the Ukrainian Revolution, the «Military Criminal Statute» in the edition of July 1, 1879, with some later additions, remained in force in the military chronicles. More than 90% of the considered cases before the start of the Ukrainian revolution concerned: 1) voluntary desertion of a military unit (escape); 2) not showing up for duty at the specified time; 3) violation of the order and rules of guard service; 4) inappropriate behavior in relation to seniors in military rank, as well as officials who performed special military service duties; 5) loss and deliberate damage to military property. Of course, the revolutionary events in Ukraine made adjustments to the structure of crimes (for example, the consideration of cases under the desertion article increased), but the above-mentioned trends persisted. It was emphasized that the military legislation of the time provided for a preliminary investigation. Suspect servicemen who were on active duty were called in for investigation directly through their commanders. Legal reasons for not appearing at the investigation were considered to be: deprivation of the accused's liberty; natural force majeure that prevented timely arrival at the place of interrogation (for example, flooding of rivers); accident; illness (including close relatives); death. In the case of hostilities during the war, the possibility/impossibility of the arrival of the accused or witnesses was determined by the military investigator. If a military witness did not appear for questioning without reason, the military investigator was obliged to immediately inform his command. It is noted that at the initial stage of the Ukrainian revolution, the investigation of war crimes took place in accordance with the current Russian legislation. Most often, offenses of a disciplinary nature were recorded (violation of military discipline, disobedience to the leadership, etc.). Desertion from military units has gained a menacing scope. A new challenge for the Ukrainian authorities was the violation of social order by military personnel and the spread of Bolshevik propaganda. Revolutionary expediency led to the fact that the Central Rada took the path of mitigating punishments for military personnel who committed minor offenses on the condition that they prove that the said actions were carried out for political reasons. In particular, the Amnesty Law of 1917 provided for the absence of punishment for those who voluntarily left their military units to join Ukrainian military units. [ABSTRACT FROM AUTHOR]

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There is no doubt that the criminal judge enjoys a wide discretion when weighing the evidence and determining the extent of its strength when forming his certain conviction, whether it is related to the evidence concluded by the accusing authority or what was raised before the court in the case. However, the reader of the legal texts cited by the Palestinian legislator in procedural law that talk about the freedom of the criminal judge to be convinced; notes the extent of its generality and its lack of a general framework that shows how limited that freedom enjoyed by the judge really is. The authenticity of the case papers referred to the court, in which the minutes of collection of evidence are an essential part. From here emerged the main problem of the study, which centered on the extent of the impact of the judicial seizure reports referred to the criminal judge on his personal conviction and whether they serve as a basis for him in issuing his judgment, especially since there are some special laws that have given these records varying authority in proof. According to the nature of the crimes related to it and the limits of the jurisdiction of its organizers and the extent of their powers. After conducting an analytical comparative study of the texts of the relevant Palestinian and Lebanese laws, it appears that some of the records of collecting inferences are authoritative. Which means that this requires the court to take them unless proven otherwise, or proven to the contrary, but it is one of the records that must be worked with unless it is proven to be forged, which requires the court to take even if they violated their convictions in the case, and without the right to discuss it. There is another type of records with relative authenticity where the court is free to accept or reject them, which does not constitute a restriction on the judge’s freedom of conviction, as they are nothing more than just ordinary information, which is taken as a matter of appeal. [ABSTRACT FROM AUTHOR]

Copyright of Revista Brasileira de Direito Processual Penal is the property of Instituto Brasileiro de Direito Processual Penal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Different developmental experiences related to deep-rooted beliefs about oneself and others may significantly affect individual social emotional competencies, such as the accuracy of facial emotion recognition and detection. This study presents a preliminary examination of the relationship between early maladaptive schemas (EMSs) and the accuracy of recognizing facial expressions showing basic emotions, neutral faces, and discrimination between neutral and emotional faces. The sample consisted of 138 psychology students (M = 20.33; SD = 1.33, 27 of the respondents were male). Japanese and Caucasian facial expressions of emotion and neutral faces and JACNeuF (Matsumoto & Ekman, 1988) were used as stimulus material for assessing the facial emotion recognition of seven basic emotions (anger, contempt, disgust, fear, sadness, happiness, and surprise) and neutral faces. The Young Schema Questionnaire-Short Form 3 (YSQ-S3; Young, 2005) was administered as a measure of EMSs. The findings demonstrate that all schema domains affect the accuracy of recognizing facial expressions showing negative emotions (anger, contempt, disgust, fear, and sadness). The Dependence/Incompetence and Entitlement/Grandiosity schemas were significant predictors for detecting neutral faces and discriminating between faces with and without emotion, while the Abandonment/Instability schema additionally proved significant for recognizing neutral faces. Limitations and suggestions for future elaboration are acknowledged. [ABSTRACT FROM AUTHOR]

The approach to incarceration is as old as history itself. However, as societies have developed, fundamental ambiguities have emerged in this approach. Consequently, following the knowledge of criminology, custodial sentences have been seen as inadequate in reducing crimes, preventing recidivism, and addressing the growing number of individuals in the criminal population. These factors have given rise to the de-incarceration movement, which has gained strength in response to the disadvantages of imprisonment; mainly its effects after individuals are released from prison. Thus, the use of alternatives to imprisonment has been embraced in the Islamic Criminal Law approved in 2013, where its scope, types, and formal rules were outlined in the Criminal Procedure Law of the same year. Subsequently, sub-legislative measures were formulated and communicated to the judicial authorities to implement this punishment.Nevertheless, the success of the de-incarceration movement in reducing the number of incarcerated individuals and addressing issues such as the severity of punishment has been a significant obstacle to the release of prisoners. In response to this problem, the de-incarceration movement approved the law on reducing prison sentences in 2020. Since enacting such substantive laws can have a crucial impact on issues raised in criminal proceedings, the effect of their approval in the judicial process cannot be ignored.This article has been written descriptively to study the significant changes this law has brought to the preliminary investigation process. The effectiveness of this law in achieving criminal security orders for the accused, in line with the principle of proportionality and the principle of criminal law as the last and least resort, remains ambiguous. In this regard, the question arises as to whether the principle of criminal law as the last and least resort should be incorporated in obtaining the order of criminal security or not. Furthermore, considering the development of forgivable crimes, which indicates a move towards the privatization of criminal justice, the issue arises as follows: According to Article 106 of the Islamic Penal Code, in the case of forgivable crimes, the victim has the right to file a complaint within one year from the date of crime notification. Therefore, after one year, the victim's right will expire. Given the wide range of crimes categorized as forgivable crimes in the law on reducing the punishment of imprisonment, in a situation where the victim has not yet filed a complaint due to the crime being non-forgivable, the question arises as to whether the judge should issue a suspension of prosecution according to Article 11 of the Islamic Criminal Law or consider the plaintiff's acquired rights and allow the continuation of the prosecution process.Determining the jurisdiction of judicial authorities or institutes is another challenge this law presents. For instance, in cases of criminal damage, the property's value plays a role in determining the authorities' jurisdiction. This means that when the property damage is up to ten million Rials, according to Article 9 of the Conflict Resolution Counsel Act, it falls within the jurisdiction of the Council. If the damage exceeds ten million Rials but is less than twenty million Rials, it directly falls under the jurisdiction of the Criminal Court. If the damage is less than 100 million Rials, the prosecutor's office has the authority over the preliminary investigation. Therefore, the absence of an authority to accurately determine the extent of the damage causes delays in proceedings and creates uncertainty for the judicial authorities. To prevent divergent judicial opinions and adhere to the principle of the generality of criminal procedure, as specified in Article 2 of the Criminal Procedure Law, it seems necessary to issue unanimous opinions regarding the challenges above. This will end these judicial disputes and establish a unified procedure within the judicial authorities. Consequently, when approving substantive regulations, their effectiveness should be evaluated compared to formal regulations to prevent the division of judicial opinions.

Formulation and consideration of various issues related to the improvement of the investigative apparatus of Russia are in the constant attention of representatives of legal science. The current state concept and the practical model of the country's investigative apparatus built on its basis require significant improvement in order to resolve existing organizational and procedural challenges. The purpose of the research is to identify and analyze the stages of construction, the positive and negative aspects of organization and activities of single and independent agencies of preliminary investigation in foreign countries, as well as the genesis and trends of their development. Based on the results obtained, the study formulates proposals for improving the investigative apparatus of the country regarding the Investigative Committee of Russia. To achieve this goal, the research explores the experience of organizing unified and independent preliminary investigation agencies in the countries of the former USSR and the West. All the results and conclusions were obtained using general scientific methods of scientific research: dialectical, logical, systemic, as well as private scientific and special such as comparative legal, formal legal, statistical, interpretation and a number of others. The author comes to the conclusion that organization and activities of the Investigative Committees of Russia and Belarus are basically similar, but there are some positions that differ significantly. Negative experience of building a unified and independent investigative committee was demonstrated in the Republic of Kazakhstan. The reason was insufficient attention paid to preparations on the part of the leadership to creation of such an agency. Thus, combination of functions of inquiry, operational-search, investigative, statistics and expert, as well as transfer of some of the important and inalienable powers of the prosecutor's office when creating such a law enforcement agency is unacceptable.

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The role of preliminary investigation in solving the tasks of criminal proceedings is undeniable. In the doctrine of criminal procedure, there is now a tendency to link the designation of preliminary investigation to the provision of the court with a body of evidence sufficient to warrant a lawful, reasonable and fair sentence. This approach needs to be reconsidered in the light of the changes that have taken place in the organization of criminal proceedings. Purpose: to identify the actual designation of preliminary investigation based on the analysis of the contemporary structure of criminal proceedings in accordance with the principle of separation of powers. Methods: the methodological basis of the research is the dialectic method; in addition, general scientific methods of analysis, synthesis and a systematic approach are applied, as well as specific juridical methods: historical-legal, comparative-legal, legal interpretation and logical-legal. Results: the research concludes that the preliminary investigation is not for the court, but solely for the purpose of prosecution. The preliminary investigation is a procedural form of pre-trial preparation by the prosecution for the upcoming trial, providing the public prosecutor with evidentiary material, on the basis of which, the conclusion of the defendant’s guilt of a crime is argued in the course of the judicial investigation.

Current paper investigates crimes against the tax order and the limits for preliminary investigations. Since the advent of the Binding Precedent 24 published by the Brazilian Federal Supreme Court, tax crime may be only characterized as from the conclusion of the tax administrative process. However, criminal investigations are increasingly recurrent without the administrative phase being completed before the competent body. Consequently, it is relevant to establish limits to the preliminary investigation. The paper, based on the hypothetical-deductive method and bibliographic reviews, proposes to establish restrictions in exceptional cases for the determination of tax crimes without the definitive constitution of the tax credit. [ABSTRACT FROM AUTHOR]

The study describes the prosecutor’s role in the initiation phase of the criminal procedure: in the preparatory procedure, the powers, tasks, management and supervision activities authorised by the Criminal Procedure Act are presented in detail. In the investigative stages following the preparatory procedure, the study includes an overview and precise delimitation of the conditions under which we can speak separately about the preliminary investigation and the inspection stage. This section emphasises the differences concerning the relationship between the investigating authority and the prosecutor’s office, depending on whether it is a preliminary investigation or an inspection phase. At the end of the study, the prosecutor’s guidance typical of the inspection phase will be described. Precisely fixing the specific powers of the Criminal Procedure Act, determined for the prosecutor to carry out the management tasks of the investigation effectively. [ABSTRACT FROM AUTHOR]

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Copyright of Brazilian Journal of Law & International Relations / Relações Internacionais no Mundo is the property of Relacoes Internacionais no Mundo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The purpose of the canonical administrative and criminal procedure is to ensure a fair trial (suspect – accused) of cases concerning delicta contra mores offenses. Therefore, in the course of the preliminary investigation, an ordinary imposes preventive measures, which are supposed to achieve a specific purpose. They are not punishments, but administrative acts which serve many entities. The doctrine in this matter has undergone a specific evolution. The regulations contained in the Code of 1917 forbade appealing against a decree which contained such measures. The current legal regulations allow the submission of a recourse in this area. It should be based on the rules concerning hierarchical recourses. The Congregation for the Doctrine of the Faith is the competent superior in this area, because it makes final decisions in relation to all the issues connected with delicta graviora offenses. Unfortunately, they are very rare, because lawyers or solicitors are not allowed to suggest this type of solution to suspects at the preliminary investigation level. [ABSTRACT FROM AUTHOR]

Copyright of Justicia (0124-7441) is the property of Universidad Simon Bolivar and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article outlines some issues of using traces in the preliminary investigation and in the judicial review of a criminal case at the stage of judicial investigation. Traces of ascertainable events are most often used in the conduct of a preliminary investigation by the investigation and inquiry bodies. The article reveals the main approaches and principles of this activity. The possibilities of the efficient use of traces in the judicial investigation stage are separately studied and analyzed. Features and methods of such actions are very diverse and are constantly being improved. The relative one-sidedness of the approaches to this issue allowed to pay more attention to the requirements for the use of traces at the judicial stage.

Problems related to the delimitation of powers between the prosecutor and the head of the investigating body, as well as ways to resolve them, are in the constant focus of attention of representatives of legal science. The concept and model of differentiation of powers between such participants in criminal proceedings that was introduced in 2007, has led to serious problems, which are expressed in: - decrease in the quality of prosecutorial supervision of the preliminary investigation body in order to protect human and civil rights and freedoms at the stage of preliminary investigation; - lack of procedural independence of the investigator, priority of interdepartmental control over prosecutorial supervision; - duplication of prosecutors supervision; - large accusatory bias of the court, prosecution and investigation body and others. The negative side of such problems is that the rights and freedoms of man and citizen are violated in the first place at all stages of criminal proceedings. In this regard, the properly organized delineation of powers and functions between the prosecutor and the head of the investigating body will be standard for ensuring the rule of law; it will contribute to the fight against crime and speedy preliminary investigation in order to create the court basis to reduce the cases of incorrect court decision. The purpose of the scientific article is to analyze the provisions of the current concept and models of separation of powers between the prosecutor and the head of the investigating body, identify the main systemic problems in this area and formulate proposals for their elimination. To achieve this goal, the scientific article explores the features and problems of individual concepts and models for their implementation in organizing activities of prosecution body and preliminary investigation bodies to delimit the powers between the prosecutor and the head of the investigating body. In a scientific article, the author came to the conclusion that reforming the current concept and model of separation of powers between the prosecutor and the head of the investigating body in order to eliminate significant problems is not possible without a reform. A return to previous concepts and models is also unacceptable due to historical experience of their application. The necessity of reforming the foundations of the entire law enforcement system of criminal justice body as a whole and reviewing the legal status of the prosecutor at all stages of criminal proceedings is noted.

As a result of the criminal offenses and criminal liability of legal persons, the procedure for investigating their crimes is raised, and among its topics, the preliminary investigation and differentiation of this stage of the procedure for investigating criminal offenses of legal persons. Considering the crimes of legal entities and their crimes, in this research, the foundations and distinctive features of the criminal procedure of criminal offenses of legal persons are examined in the preliminary stage of the preliminary investigation. According to the descriptive-analytical method, the differentiation of the prosecution system into the credibility of the personality of the perpetrator, the specific characteristics of the legal person and the impossibility of the implementation of some rules and rules of procedure regarding them, which inevitably requires the legislator to adopt a special code for The prosecution of the crimes of the abovementioned persons has stipulated that, in practice, it is not possible to attract legal persons, and if there is sufficient reason to charge the charges to legal persons, a legal person is warned to introduce his lawyer or lawyer to explain the charge, and in The reason is sufficient reason to charge a person with legal rights.

Regarding the competent court to conduct preliminary investigations of the crimes under Article 302 of the Criminal Procedure code committed by girls between the ages of 9 and 15, there is a difference of opinion in the judicial procedure. Some votes based on Note 1, Article 285 of the Criminal Procedure code, put the preliminary investigation of all crimes of people under 15 years of age under the jurisdiction of the Children and Juvenile Court and did not consider a difference between boys and girls. Some other votes have placed the preliminary investigation of this group under the jurisdiction of the special criminal court for dealing with juvenile crimes based on Article 315 of the Criminal Procedure code. Assuming the competence of the special criminal court to deal with juvenile crimes, on the one hand, the prohibition of dealing with said crimes without issuing an indictment according to Article 382 of the Criminal Procedure Code, on the other hand, the prohibition of preliminary investigations of girls aged 9 to 15 in the special juvenile court according to Article 285 of the Criminal Procedure Code are ambiguous. This research, with a descriptive and analytical method, and by examining different judicial votes and presenting different arguments in this field, in addition to explaining The desired difference, concludes that the preliminary investigation of these crimes without issuing an indictment in the special criminal court for dealing with juvenile crimes is true.

Copyright of Journal of Economic Administrative & Legal Sciences is the property of Arab Journal of Sciences & Research Publishing (AJSRP) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article outlines some issues of using traces in the preliminary investigation and in the judicial review of a criminal case at the stage of judicial investigation. Traces of ascertainable events are most often used in the conduct of a preliminary investigation by the investigation and inquiry bodies. The article reveals the main approaches and principles of this activity. The possibilities of the efficient use of traces in the judicial investigation stage are separately studied and analyzed. Features and methods of such actions are very diverse and are constantly being improved. The relative one-sidedness of the approaches to this issue allowed to pay more attention to the requirements for the use of traces at the judicial stage.

In article the questions regulating criminal prosecution for private prosecution are considered. The history of formation of this institute is separately considered. Foreign experience of regulation of an order of production on affairs of private prosecution is analysed. Offers on improvement of the national legislation became result of work.

The article deals with the systematized legal literature of the nineteenth and beginning of the twentieth centuries, which covers the implementation of the functioning of pre-trial investigation (preliminary investigation), in Ukrainian lands within the Russian Empire. The source base determines the genesis of the development and establishment of the functions of pre-trial investigation in the pre-revolutionary period. It is described in the chronological order: the first authors’ group includes publications which describe the state body investigation of the crimes in the end of the 18th century – up to 1864 (pre-reform period). Investigating the literature, the author established that the distinction between the preliminary investigation and the executive activity of authorities was positively affected by the work quality of the judiciary. It improved the effectiveness of the preliminary investigation. The second group of literary sources consists of scientific tests on the legal bases and practical implementation of the functions of the pre-trial investigation from the beginning of the judicial reform of Alexander II till the beginning of the nineteenth century. It is established that the development and perfection of the functional model of bodies (which were authorized to carry out the function of pre-trial investigation) took place because of the influence of a number of political, economic and social processes. These events were interconnected and served as a catalyst to develop a direction of such a legal thought. The third category of literary sources discovered the specifics of the implementation of the function of pre-trial investigation from the beginning of the twentieth century until the restoration of the monarchical order of 1917. At this time, the legal thought gained its maximum development. The reform of the judicial system was actively discussed in political circles and was covered in programs of liberal parties of regal Russia at the beginning of the twentieth century. Spreading of free-thinking in the society, the origin of new political currents radically influenced the people’s legal consciousness. All of these factors forced the authorities to reconsider the functional model of law enforcement agencies in the field of the preliminary investigation.

Background. The solution of the tasks facing the employees of the internal affairs bodies carrying out the preliminary investigation of criminal cases depends on the correct organization of their activities. Despite the fact that the work of investigative units is constantly being improved, investigators often face various problems in their work. This is largely due to their departmental affiliation, which significantly reduces the procedural independence in the investigation of crimes. The purpose of the work is to propose the most effective directions for organizing a preliminary investigation in the internal affairs bodies. Materials and methods. The article used scientific works on the problem under study, as well as regulatory legal acts and official statistical information. The methodological basis was the universal dialectical method of cognition. In addition, methods of analysis and synthesis, deduction and induction, statistical analysis and expert judgment were implemented. Results. In the course of the study, shortcomings in the organization of the preliminary investigation in the internal affairs bodies were revealed, which significantly reduce the effectiveness of the investigation of crimes. Conclusions. Based on the results obtained, recommendations are proposed for improving organizational work in the investigative units of the internal affairs bodies.

Copyright of Cuestiones Políticas is the property of Revista Cuestiones Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article deals with the preconditions of differentiation of forms of pre-trial investigation in Ukraine in the 18th-19th centuries. The concept of investigation of misdemeanours as a form of pre-trial investigation at different stages of social development are considered. The base source of the Russian Empire is examined, with the aspects of using of the term "investigation of misdemeanours" in law enforcement practice thoroughly covered. It is established that this term at the legislative level and in the literary sources held for a long time is subject to transformation in terms of its functional direction. The paper offers a description of the study of the early stage of development and a comparison with the modern form of pre-trial investigation. It is established that at all stages of its development there is a common feature: the provision of a simplified order. The article presents the key differences between the knowledge at the early stage of its creation and the modern form of pre-trial investigation. However, the investigation of misdemeanours starts from the moment of the illegal act until the end of the pre-trial investigation. At first, this investigation of misdemeanours had few signs of research verification. The collected materials were examined by the proceedings and could not be determined by full evidence without appropriate "legalization" procedures. The investigation of misdemeanours had not clearly defined a procedural form and was not limited to specific deadlines, and depended almost entirely on the inner convictions of the individual who conducted this knowledge. In the legislation of the pre-revolutionary period, the investigation of misdemeanours should be carried out by a wide range of authorized persons (police ranks, military and civilian authorities, clergy, government officials, village elders, and others). The investigation of misdemeanours was carried out in everything without exception of crime, regardless of its severity at those times. It is proved that the modern model of pre-trial investigation represents the positive historical experience and the right opinion. Today we can observe a consistent procedure of the implementation of the exercise, a special circle of authorized persons, and the introduction of a balance of appropriate differentiation of forms of pre-trial investigation. [ABSTRACT FROM AUTHOR]

Copyright of Revista Arqueologia Pública is the property of Universidade Estadual de Campinas - Portal de Periodicos Eletronicos Cientificos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)