Прокурорский надзор: исполнение законов на стадии возбуждения уголовного дела
Автор: ksenia13435353 • Ноябрь 16, 2023 • Контрольная работа • 3,491 Слов (14 Страниц) • 128 Просмотры
Минобрнауки России
Федеральное государственное бюджетное образовательное учреждение высшего образования
«Тульский государственный университет»
Интернет-институт ТулГУ
Кафедра иностранных языков
Контрольная работа №1
по дисциплине «Иностранный язык (английский язык)» на тему : «Прокурорский надзор: исполнение законов на стадии возбуждения уголовного дела»
Выполнила: Фёдорова Ксения Евгеньевна
ИБ761031
Юриспруденция
Проверила: Гладкова Татьяна Дмитриевна директор ИМО, доцент
Тула – 2023 год
Ссылка на источник: https://адм-дивеево.рф/blog/obshhestvo/prokurorskij-nadzor-ispolnenie-zakonov-na-stadii-vozbuzhdeniya-ugolovnogo-dela
Prosecutor's supervision: enforcement of laws at the stage of initiation of a criminal case.
In their work, prosecutors have certain powers provided for by law in order to ensure the enforcement of laws and law and order in the country. One of the important stages of conducting a criminal case is its initiation. It is at this stage that the prosecutor's supervision acts as a subject exercising control and representing the interests of the state in the case.
The essence of prosecutorial supervision at the stage of initiation of a criminal case is to verify the legality and validity of the actions of law enforcement agencies when deciding to initiate a criminal case. The prosecutor, acting as an outsider in the case, is obliged to verify the facts discovered during the investigation and take measures to prove them in court. In their work, prosecutors have the right to request the necessary information and documentation from the investigating authorities, as well as to send them instructions and orders in case of violations.
Prosecutor's supervision at the stage of initiation of a criminal case is one of the guarantees of compliance with the rule of law and protection of citizens' rights. This stage of the case is of great importance, since it is on it that the evidence base is formed, which will be used in court when passing sentence. Therefore, proper and timely implementation of prosecutorial supervision is important in the context of ensuring justice and legality in the criminal process.
Prosecutors play an important role at the stage of initiating a criminal case and have certain rights provided for by law. Supervising the process of initiating a case is one of the main functions of the prosecutor.
The essence of the prosecutor's powers at the stage of initiating a criminal case is to monitor compliance with the requirements provided for this stage. The prosecutor has the right to check the legality and implementation of the investigator's activities, direct the inquiry and direct it to the necessary additional research.
One of the basic rights of a prosecutor at the stage of initiation of a criminal case is the right to make representations regarding shortcomings in conducting an inquiry or suspending its conduct. The prosecutor has the right to demand that the investigator and other participants in the process correct the identified shortcomings.
The prosecutor also has the right to familiarize himself with the materials of the criminal case and use the information obtained when making decisions on supervision. If necessary, the prosecutor may interrogate the participants in the process, conduct on-site inspections and seize items and documents relevant to the case.
For effective supervision at the stage of initiation of a criminal case, the prosecutor has certain powers. The legislation provides for the right to appeal against illegal decisions and actions of the investigator, as well as the possibility of replacing the investigator if he is involved as an accused.
Thus, the rights of the prosecutor in conducting supervision at the stage of initiation of a criminal case include control over the legality and objectivity of the process, the right to make representations, familiarization with the case materials and questioning of participants in the process. These powers allow the prosecutor to effectively carry out his functions and ensure compliance with the laws at this stage of the criminal process.
At the stage of initiation of a criminal case of prosecutorial supervision, prosecutors have certain rights and powers provided for by law.
The Prosecutor has the right to receive information about the progress of the preliminary investigation and check its legality. Proceeding from the essence of the prosecutor's supervision, the prosecutor is granted the right to check, select and send to court cases originating from the criminal case.
The Prosecutor has the right to give instructions and recommendations to investigators, to take part in the conduct of procedural actions and to decide not to initiate criminal proceedings.
The prosecutor supervises the legality of the application of procedural measures applied by the investigator, as well as supervision of the procedural actions of the court at the stage of consideration of the case.
The Prosecutor has the right to represent the interests of the State at the trial stage, as well as to participate in court sessions.
The prosecutor is obliged to monitor the execution of court decisions in criminal cases and take measures to implement them.
Thus, the powers of the prosecutor at the stage of initiating a criminal case include the rights to receive information, give instructions and recommendations, monitor the legality of procedural measures and actions of the investigator, as well as represent the interests of the State and monitor the execution of court decisions.
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