Pretrial investigation in criminal proceedings: legal foundations and features

Pre-trial investigation is a key stage of criminal proceedings, during which law enforcement agencies collect, verify and record the evidence necessary to resolve the case in court. It is at this stage that the basis for the accusation is formed, which largely depends on the further development of events in the criminal process. The fairness of the final decision in the case depends on the correctness and legality of the actions at the stage of the pre-trial investigation.

What is a pretrial investigation?

The Criminal Procedure Code of Ukraine provides for two types of pre-trial investigation — inquiry and pre-trial investigation. The choice of the type of investigation depends on the severity of the criminal offense.

Investigations are conducted for criminal misdemeanors — these are less serious offenses that do not carry a prison sentence. For example, petty theft, hooliganism, etc. Discovery is a simplified form of pre-trial investigation.

Pre-trial investigation is conducted for serious and especially serious crimes punishable by long-term imprisonment. These can be crimes related to corruption, murder, rape, grievous bodily harm and other serious criminal offenses. Pretrial investigation has a more complex and thorough procedure, as these crimes require a more detailed investigation of the circumstances and the collection of a large amount of evidence. Investigators have the right to conduct various investigative actions, including examinations, interrogations, searches, investigative experiments and other procedures.

As for the participants in criminal proceedings at the stage of pre-trial investigation, these are:

• An investigator is an official of a pretrial investigation body, responsible for conducting investigative actions and collecting evidence.
• The prosecutor — carries out procedural management, monitors the actions of the investigator and makes a decision on the validity of the suspicion.
• A suspect is a person who has been officially notified of the suspicion of committing a criminal offense. The suspect has the right to defense, as well as to participation in all procedural actions.
• Defender (advocate) — protects the rights and interests of the suspect, monitors compliance with the law during the pre-trial investigation.
• The victim is a person who suffered from a criminal offense. The victim has the right to participate in the investigative actions, to file petitions and appeal the actions of the investigation.

Please note that one of the main tasks of the pre-trial investigation is the collection of evidence that confirms or refutes the fact of the commission of a crime. During the investigation, the following investigative actions may be carried out:

• Interrogation of the suspect, victim and witnesses. This is the main method of obtaining information about the circumstances of the offense. During the interrogation, all important details are recorded that can be used later.
• Search and seizure of evidence. If there are reasonable suspicions that there may be objects or documents of importance to the case in a certain place, the investigator has the right to conduct a search with the aim of seizing this evidence.
• Examinations. To obtain special knowledge and establish the facts, investigators can involve experts in various fields to conduct examinations, including forensic, dactyloscopic, ballistic, etc.
• Investigative experiment. This is a reconstruction of events, which is carried out to verify and clarify the testimony of the suspect, victim or witnesses.
• Covert investigative actions. In cases where it is necessary to obtain information that cannot be gathered in any other way, covert investigative activities such as wiretapping, surveillance, or home invasion may be conducted.

The pre-trial investigation ends with one of the following procedural decisions:

• Closure of criminal proceedings in the absence of a crime or other grounds for further prosecution.
• Drawing up an indictment and sending the case to court. In this case, the prosecutor believes that the collected evidence is sufficient for the court to consider the case.
• Application of the agreement. This can be a reconciliation agreement between the suspect and the victim or a plea agreement, where the suspect admits his guilt and receives a reduced sentence.

As for the procedural terms, this is an important element of the pre-trial investigation. In accordance with Article 219 of the Criminal Procedure Code, one month from the date of notification to a person of suspicion of committing a criminal offense; six months from the date of notification to a person of suspicion of committing a minor crime; twelve months from the date of notification to a person of suspicion of committing a serious or particularly serious crime. If it is impossible to complete the investigation within the specified time, it can be extended by the decision of the prosecutor or the court, but with a mandatory justification of the reason for the extension.

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