Certain aspects of the preparation of public prosecutors for the trial of criminal cases involving crimes related to illegal arms trafficking in the border regions of the Siberian Federal District
From a procedural point of view, prosecutors are entitled with the right for criminal prosecution in court only when allowed to participate in the trial by court. However, they can begin preparation for participation in the proceedings at earlier stages. In practice some Prosecutor's Offices in the Republic of Tuva can include the prosecutor-to-be in the work of the investigation group to investigate a grave offence or a series of such crimes. So the public prosecutor can study the case file, the available evidence and other relevant circumstances in advance. He certainly will not have any particular procedural status in the investigation team, but this practice is very effective to achieve the most complete and comprehensive preparation for further criminal prosecution in court. The public prosecutor shall apply judicial investigation planning, designing and testing of judicial versions and analysis of evidence in interrogations during the criminal case proceedings, especially in complex cases. Thus, while prosecuting the case on behalf of the state in the courts of the Republic of Tuva and in some other border regions in the Siberian Federal District the prosecutor of the entity makes public prosecutor plan and prepare for participation in the trial of the criminal case/ This plan shall cover the incident event, complete evidence base, identified deficiencies of investigation, the number and nature of possible applications, the direction and consistency of the evidence, participation in investigative actions and overcoming the counteraction of the defence. The role of such a plan for effective participation of the public prosecutor in judicial investigation can hardly be underestimated. According to the law, public prosecutors are not entitled to get acquainted with the materials of the criminal case before the case is sent to court, which limit their powers to some extent. Effective participation of the public prosecutor in the trial stage of criminal proceedings requires the interaction of the public prosecutor and the subjects of the investigation. Thus, for instance, in some prosecutors' offices of Tuva and Altai public prosecution for illegal arms trafficking is ensured mainly by the prosecutor supervising over preliminary investigation authorities or by the prosecutor who understands the specifics of the case and interacts with the criminal investigation bodies. It allows having a full and objective position of the prosecution in a criminal case, including the need to define the application requests at this stage.
Keywords
Государственное обвинение, уголовные дела о незаконном обороте оружия, подготовка прокурора к судебному производству, public prosecution, criminal cases involving crimes related to illegal arms trafficking, preparation of the prosecutor for the proceedingsAuthors
Name | Organization | |
Vdovin Aleksey N. | Prosecutor's Office of the Republic of Tuva Erzinsky district; Tuva State University (Kyzyl); Novosibirsk State Agrarian University | vdovin.aleksey@bk.ru |
References
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Certain aspects of the preparation of public prosecutors for the trial of criminal cases involving crimes related to illegal arms trafficking in the border regions of the Siberian Federal District | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2014. № 1 (3).