The Prosecutor General’s office suggested solutions to the problems with the investigation untried RRT criminal cases during the absence of the state Bureau of investigation as a full-fledged law enforcement Agency. The relevant information is published on the website of the GPU.
The Department explained that since taking on 20 November 2017 part 4 of article 216 of the criminal procedure code (untried RRT criminal proceedings) prosecutors have the right to two years “to investigate” previously open cases, untried new body.
However, now the Prosecutor’s office is not authorized to open new production under part 4 of article 216 of the criminal procedure code – now it is the prerogative of the RRG, which, however, has not yet begun work.
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The GPU has proposed a solution to this problem. First, the heads of Prosecutor’s offices shall have the right to entrust the investigation of the defendant RRG to another pre-trial investigation body in accordance with part 5 of article 36 of the criminal procedure code (due to the absence of the state Bureau of investigation as such). Second, the procedural leaders have the right to personally conduct investigative (search) and the proceedings (paragraph 4 of part 1 of article 36 of the CPC).
Thus in Prosecutor’s office emphasize that the authority to investigate production, untried NABOO, the Prosecutor’s office from 20 November 2017 lost completely (the last two years, investigators of Prosecutor’s office engaged in “re-investigation” of such cases).
Today, 20 November, entered into force provision of the CPC, according to which the prosecutors do not have the right to start pre-trial investigations against senior officials, judges and law enforcement officers – these powers are transferred to the GBR.
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