Problem of Ensuring Completeness and Objectivity of the Preliminary Investigation During the Emergency Preparedness Regime

The article discusses the problem of ensuring the completeness and objectivity of preliminary investigation during the spread of corona-virus infection (COVID-19). At present, a regime of emergency preparedness has been introduced in the territory of the Russian Federation, which implies a significant number of restrictions, including the “self-isolation” regime in regions. Such restrictions makes it difficult to conduct a preliminary investigation in compliance with the requirements of completeness, objectivity and comprehensiveness, which is a principles of the criminal process that requires a comprehensive study of the circumstances. There are a number of problems that affect the completeness of the investigation, including: 1) a number of law enforcement officers are off work; the introduction of quarantine in the investigation and police departments where the cases of infection have been identified; 2) the “self-isolation” regime has been introduced in the regions of the Russian Federation, that implies a ban on free movement of citizens around the city without a good reason; 3) there are cases when defenders refuse to come and participate in the investigative actions in connection with the “self-isolation” regime; 4) restrictions on visits to the accused detained in the FSIN institutions in order to prevent the spread of infection. In this situation, it becomes impossible to conduct a preliminary investigation in compliance with the requirements of completeness and objectivity and without violating the reasonable terms of criminal proceedings. The author notes that similar problems affect the adoption of a legitimate and reasonable decision at the stage of criminal proceedings. The deadline for the crime report verification makes it impossible to provide a sufficient amount of information to make a lawful and justified decision concerning the institution of criminal proceedings or refuse to initiate a criminal case. The author concludes that it is necessary to find a balance between ensuring the completeness and objectivity of the investigation and respect for the right to life and human health, with the latter being a priority.

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