Preliminary Investigation

Preliminary Investigation

 

in Soviet law, a stage of criminal procedure that follows the institution of proceedings and ends either with submission of the case with a conclusion to indict to the procurator or with dismissal of the case. The purpose of the preliminary investigation is a detailed, full, and objective elucidation of all circumstances of fundamental importance to a correct resolution of the case. Such investigations are made by investigators from the procuracy, the Ministry of Internal Affairs, or state security agencies. During the investigation, evidence is gathered and checked, persons against whom sufficient evidence of commission of a crime has been gathered are brought in as accused persons, measures of restraint are selected, and steps are taken to support a civil action and possible confiscation of property.

Extensive rights are given during the preliminary investigation to suspects, accused persons, victims, and other participants in the trial to protect their legal interests. Regardless of the procedural activity of participants in the trial, however, the preliminary investigation agency must fully ensure their legal interests. In particular, the investigator must take equal care to gather both incriminating and absolving evidence.

The defense lawyer is permitted to participate in the preliminary investigation from the moment that the proceedings are presented to the accused for familiarization. In cases involving minors and persons who cannot speak the language of the court and in certain other cases provided for by law, the lawyer may participate from the moment the accusation is made.

When it is determined that circumstances exist that preclude a criminal case, the agency of preliminary investigation decides to dismiss the case. The legislation of most of the Union republics also provides for the pronouncement of such a decision if the guilty person is released on patronage or if the case is transferred to a comrades’ court or to a commission on juvenile affairs.

When the case is sent to court, the conclusions of the preliminary investigation are thoroughly checked during the judicial examination. In practice, most of the evidence is gathered during the preliminary investigation, and the main attention of the court investigation is directed at verifying it.

References in classic literature ?
The Procurator-Fiscal--being the person officially appointed to direct the preliminary investigations of the law--was the first witness called on the second day of the Trial.
Dugay and the other members of the panel-Associate Prosecution Attorney II Borgy Calugay, Gino Angelo Yanga and Mary Grace Arboladura-have been tasked to conduct a preliminary investigation to determine whether there is probable cause to indict the Yusons before the trial court.
During the preliminary investigation, they have confessed their involvement in several incidents of looting passengers.
The Preliminary Investigation by the Safety Investigation Board pointed out that it was a false alarm of Stall warning light and over-speeding light.
Auto Business News-June 24, 2014--The National Highway Traffic Safety Administration starts preliminary investigation into new Ford Explorer
The passenger was stopped for preliminary investigation before sending him to justice.
"(The) respondents submitted several motions, hence the panel decided to suspend and to defer the filing of the counter-affidavits, pending the resolution of these 15 motions," Torrevillas said during the preliminary investigation. The police Criminal Investigation and Detection Group (CIDG) was given 10 days to submit its comments on the motions before this could be deemed submitted for resolution.
Assistant State Prosecutor Ethel Rea Suril has scheduled this Thursday the start of the preliminary investigation over the complaint filed against suspected ASG member Karah Musa Salapuddin, 49, alias Cesar, a Tausug who hails from Tungkil, Jolo Sulu.
Roque, the only Filipino lawyer allowed to practice at the ICC, said the Philippines' case was different from Burundi as the tribunal proceeded with a preliminary investigation before the country's exit took effect.
Furthermore, Martires said he would be simplifying the conduct of preliminary investigation by re-assigning lawyers assigned to the Office of the Ombudsman to the Office of the Special Prosecutor.
During preliminary investigation, they confessed to strike at various houses in Sector I-8/2 and looting pedestrians.
The car occupant identified as Qamar Shehzad son of Sabir resident of Bangish Colony Rawalpindi revealed during the preliminary investigation that he along with his other accomplices are running fake factory brewing wine in Rati area of Tarnol.

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