Complexity of the finding of facts as a criterion of determining the limits of private prosecution

The paper focuses on some bases for granting the victim the right to substantiate him-/herself the accusatory thesis in the court. The legal significance of the conditions that complicate the findings of facts in resolving the issue of initiating a criminal case of private prosecution is discussed. Any change, simplification of the form of action, in particular, may only be recognized as valid while there are guaranties the purposes of the criminal procedure are fulfilled. Basing on this idea the author argues that the private prosecution procedure, involving the absence of the pre-trial stage, is only possible in the absence of conditions that complicate the finding of facts of the case in the court. Having studied the criminal cases of private prosecution, the author concludes that the typical investigatory situation for private prosecution is characterised by the absence of conditions that complicate the finding of facts. The typical circumstances for cases of private prosecution are the availability of the data about the committer and witnesses of the crime; lack of necessity to appoint audit, search and investigatory actions, for it is impossible to conduct them within the court investigation. By the result of studying the criminal records, the author concludes that the need to clarify the list of grounds for the preliminary investigation of private prosecution cases. Furthermore, the author states the need to differentiate the effects of the presence of conditions that complicate the finding of facts. After examining these issues, the author proposes to amend the list of grounds for the preliminary investigation of private prosecution cases by the presence of conditions that complicate the finding of facts, which manifests itself in the need of investigatory actions, which are impossible to be conducted within the court investigation. The existence of conditions that complicate the finding of facts can not justify the initiation of a criminal case without obtaining the victim's declaration of a corresponding will.

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