Ombudsman Moskalkova proposed to initiate criminal cases without pre-investigation check

Ombudsman Moskalkova proposed to initiate criminal cases without pre-investigation check

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In Russia, it is worth thinking about the advisability of pre-investigation checks before initiating a criminal case. This opinion was expressed by Tatyana Moskalkova, Commissioner for the Protection of Human Rights under the President.

According to her, at the pre-investigation stage, the bodies of inquiry commit many violations and unlawfully refuse to initiate criminal proceedings against citizens who have suffered from the actions of criminals.

In this regard, she added, the question arises of the expediency of the existence of the stage of initiating a criminal case. Moskalkova recalled that under the Russian judicial legislation of 1864, criminal proceedings began from the moment a crime was filed, and this continued until 1937. Now this is how the legislation of Kazakhstan and some other countries is arranged, Moskalkova noted.

In her opinion, it makes sense to return to the consideration of “best practices” to improve the guarantees of the rights of victims of crimes.

So, in an interview with RBC, Artem Gritsyuk, senior partner at the Time Lex law firm, called the initiative pointless. He explained that without conducting a pre-investigation check it is impossible to establish whether there are signs of a crime in the event described in the statement.

Lawyer Lyudmila Aivar added that the implementation of such an initiative would worsen the situation of citizens. According to her, it is quite easy to initiate a criminal case, but it is almost impossible to stop it.

Source: Rosbalt

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