When a criminal case is initiated , the person who committed the crime may be unknown, the method by which the act was committed, the amount of damage, etc. These and other facts must be established reliably and accurately. Otherwise, it is not possible to resolve questions about the guilt of persons and the application of punishment.
To clarify the initial picture of the deed, a procedure is called an investigation. In accordance with the principle of administering justice exclusively by the judicial authority, the court is obliged to ascertain the picture of the crime, study all circumstances, decide the question of guilt and apply the appropriate punishment. However, the court cannot independently resolve these issues, in the absence of the necessary funds, tools, methods and other things. In this regard, after the initiation of a criminal case and before it is sent to court, an intermediate stage is established by law. It is called a preliminary investigation. The presence of this stage does not contradict the provision on the administration of justice exclusively by the judicial authority. This is due to the following:
- The court must conduct a judicial investigation. It is carried out in each criminal case.
- On the issue of guilt and punishment for those who have committed a crime, the decision is made only by the judicial authority.
- A preliminary investigation is carried out by the same authorities that have the right to initiate proceedings. The exceptions are the court and the judge.
A preliminary investigation is carried out by the prosecutor, the bodies of inquiry and the investigator.
In this case, it is necessary to separately note the special situation of the prosecutor at this stage of the proceedings. This authorized person is not only entitled to conduct a preliminary investigation, conducting it in full or applying separate investigative measures. The prosecutor also monitors strict observance of the procedure for the production of the procedure, in accordance with the criminal procedure law.
The aim of the measures is the desire to establish the truth in compliance with the law in the strictest manner. The end of the preliminary investigation involves the identification of the perpetrators and all the circumstances of the case.
The bodies authorized to carry out this procedure must perform a number of tasks. In particular, they must:
- Quickly and fully reveal the illegal act by exposing the perpetrators.
- Provide conditions under which each perpetrator will be held accountable under the law.
- Eliminate the conditions and reasons that contribute to the commission of the crime.
- Contribute to compensation for property damage.
- Protect citizens from unfounded charges.
- Raise steady adherence and enforcement of the law.
It is believed that it is more important not to punish a crime, but not to allow unsolved cases. In this regard, the success of the fight against illegal acts to a large extent depends on the completeness and speed of the disclosure of each case.
There are two forms of preliminary investigation: preliminary investigation and inquiry. These two types are interrelated with each other and are used in everyday criminal practice.
The preliminary investigation stage allows the judicial authority to deeply, quickly and comprehensively understand all the circumstances of the case. As a result, a reasoned and lawful sentence is issued. The preliminary investigation phase is considered a decisive means to facilitate the disclosure of crimes. This stage is endowed with the necessary capabilities to establish and eliminate the causes and conditions that provoke the commission of an illegal action.