The prosecutor’s powers to collect evidence at the initial stage of inquiry

Abstract

Given the criminal procedural regulation regarding the peculiarities of the inquiry initiation, as well as the prosecutor’s powers to supervise the observance of laws during the pre-trial investigation in the form of procedural guidance of the pre-trial investigation, the scope and content of the prosecutor’s powers to collect evidence at the beginning of the inquiry are determined and characterized. The article emphasizes that the primary task at the initiation of the inquiry is to appoint a prosecutor to carry out procedural guidance in a particular criminal proceeding in compliance with the requirements provided for in Articles 37, 110, 214 of the CPC of Ukraine. Furthermore, it is established that the prosecutor’s powers to collect evidence at the initiation of the inquiry are exercised by: checking compliance with the terms and procedure for initiating criminal proceedings established by criminal procedure legislation; and finding out whether the preliminary criminal law qualification of a criminal offence is correct and whether it corresponds to the circumstances of the offence; determining the jurisdiction and verifying the rules of compliance with the rules of jurisdiction for conducting a pre-trial investigation in the form of an inquiry; determining the scope of circumstances to be proved at the initial stage of a pre-trial investigation of a criminal offence and the procedural methods of their collection; determining compliance with the requirements for the grounds and procedural order of urgent investigative (search) and other procedural actions aimed at establishing circumstances important for criminal proceedings; responding to detected violations of the law from the moment of receipt of information (application, notification or self-detection) about a criminal offence; deciding on the consolidation or separation of pre-trial investigation materials; cancellation of unlawful or unjustified decisions of inquirers; direct participation in conducting/independently conducting certain procedural actions aimed at identifying, recording, seizing and examining evidence; giving instructions, orders to the inquirer, the head of the inquiring body or other subjects of evidence during the inquiries.