التفاصيل البيبلوغرافية
| العنوان: |
ДОКАЗУВАННЯ СТОРОНОЮ ЗАХИСТУ ВІДСУТНОСТІ ПОТРЕБИ ПРОДОВЖЕННЯ СТРОКУ ДОСУДОВОГО РОЗСЛІДУВАННЯ (Ukrainian) |
| Alternate Title: |
Proving by the defense the absence of a necessity to extend the pre-trial investigation. (English) |
| المؤلفون: |
І., Зіньковський |
| المصدر: |
Analytical & Comparative Jurisprudence; 2024, Issue 4, p635-640, 6p |
| مصطلحات موضوعية: |
JUDGES, CRIMINAL procedure, JUDGE-made law, COURT records, PUNCTUALITY |
| مستخلص: |
The article deals with the issue of proving by the defense the absence of a necessity to extend the pre-trial investigation. The purpose of the article is to identify the possibilities of proving the absence of a need for the pre-trial investigation term extension by the defense and the applicable arguments (based on case law). The article deals with the following issues: general issues of proof; arguments for the defense to object to the pretrial investigation extension; ways of proving the absence of a necessity to extend the pre-trial investigation and violation of the conditions for filing a motion. All issues are covered based on the case law of investigating judges. It is noted that the absence of a rule on serving a copy of the motion reduces the defense's possibilities, since the defense does not always get acquainted with the materials of criminal proceedings in accordance with Article 221 of the CPC of Ukraine. The author proves that the defense can prove that there is no need to extend the pretrial investigation term by denying compliance with the standard of promptness and reasonable speed of investigation and, as a manifestation of this, its effectiveness. In practice, this is done by substantiating the following: proof of the crime event; proof of the suspect's involvement in this event; circumstances indicating the complexity of the proceedings (special complexity, exceptional complexity); the list of procedural actions which require additional time to conduct or complete and the significance of the results of these procedural actions for the trial; the inability to conduct these procedural actions earlier; the time required to conduct or complete procedural actions (in full or at the request of the defense). The author emphasizes that the CPC of Ukraine needs to be amended to enhance the defense's capabilities by providing a copy of the motion to the defense and by requiring investigating judges to indicate and assess the defense's position if it is submitted in the form of written objections or other documents or expressed in court. [ABSTRACT FROM AUTHOR] |
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| قاعدة البيانات: |
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