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.
Kung sa loob ng isang taon, at mayroon pong one year withdrawal process, ay mag-proceed sa preliminary investigation ang prosecutor, pupuwede pong matuloy [If within one year, and there is a one-year withdrawal process, the preliminary investigation of the process will proceed, that can continue]," Roque said during a Palace press briefing, when asked about the impact of the country's ICC pullout on the preliminary examination launched by the ICC.
Bernabe said conducting a preliminary investigation on rice traders is an option should the issues paper on the industry point to possible violations of the competition law.
Ang preliminary investigation po ng mga election offenses ay nasa Law Department ng Comelec so susubaybayan po natin yan,' he added.
confessed during preliminary investigation to supply drugs to students at educational institutions.
During preliminary investigation, they admitted that local human-traffickers sent them abroad illegally, he added.
During preliminary investigation, they confessed to having looted houses in Sihala and Ghauri Town.
Auto Business News-September 8, 2016--The National Highway Traffic Safety Administration launches preliminary investigation into reports of brake problems with 2016 Hyundai Sonata
M2 EQUITYBITES-May 9, 2016-Millicom notified by Swedish prosecutor of discontinuation of preliminary investigation into improper payments by company's Guatemala JV
The first phase consists of preliminary investigation and alternatives analysis and recommendations.
Kuala Lumpur, Jumada I 21, 1435, Mar 22, 2014, SPA -- Cargo carried by a missing Malaysian passenger plane does not seem to be connected to its disappearance based on a preliminary investigation, Malaysian Transport Minister Hishammuddin Hussein says, according to dpa.
But during the preliminary investigation the squadron commander, Captain Z.

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