Explanation of the purpose of the investigative action by the participants of the criminal proceegings is a necessary condition of realization of their rights and legal interests

Abstract

The Code of Criminal Procedure, art. 170, part. 4 requires the investigator to clarify the purpose of the investigative action to witnesses prior to its production. To other participants the purpose of the pre-trial investigation may not be explained. This provision does not comply with part. 1, art. 11 of the Code of Criminal Procedure that all participants in the criminal justice process are due full enjoyment of rights. The purpose is the fundamental legal consolidation, ensuring the achievement of the result of the investigative action. Understanding of the purpose of the investigative action establishes conditions for the exercise of rights and legitimate interests for each its participants. In the process of production of the pre-trial investigation action and after its conclusion each participant is given the opportunity to judge whether the process has or has not complied with their rights and legitimate interests by comparing the achieved result with the claimed purpose. Without a clear understanding of the purpose of the investigative steps this possibility becomes a mere formality. In this regard it is proposed to make additions in the texts of articles 164 and 166 of the Code of Criminal Procedure, providing for the need to clarify the purpose of the investigative action to all its participants. Refs 8.