The Investigator /Investigator bodies

In accordance with Ukrainian Legislation, all criminal cases pass through the stade of preliminary investigation before they are brought into the court. The activities of the investigation bodies are strictly regulated by the Law. The criminal procedure code states which organ of investigation may investigate this or that case, what procedure should be applied what rights and duties this organ possesses and what methods of collecting and investigating evidence it may use. The activity of the organ of investigation is of a preliminary nature. Their task is to prepare the case for court hearing and to facilitate the court collection and investigation of evidence. While discharging his duties, the investigator has the rights to detain a person suspected of a crime, to question citizens and officials as witnesses to the crime, to make requisite search and inspections, order expert investigation and resort to other actions provided for by the criminal procedure Law.

The Procurator’s Office of Ukraine, the Ministry of the Interior of Ukraine and Security Service of Ukraine have their own investigation departments. They differ from one onother chiefly in the scope of their competence. Their competence is defined in the Criminal Procedure Code. Briefly, it may be summed up as follows:

1. Investigators from the Procurators Office have the right to investigate any case, but in actual fact they carry out inquiries into the gravest crimes (murder, banditry, etc) and also into cases of malfeasance and juvenile delinquency;

2. Investigators from the Ministry of the Interior have the right to institute procudings against persons who have committed any crime, but in cases that come within the competence of the investigators of the procurator’s office;

3. Investigators from the Security Service are charged with investigating cases of espionage and other especially dangerous crimes against the state.

Thus, the preliminary investigation is oriented at detecting crime, at disclosing and exposing person guilty of them, at ascertaining all the prevention measures.

The investigators job is to prepare the materials of the case in hand for its adjudication in court. For this reason law says that the preliminary investigation has as its purpose the speedy and complete disclosure of crime, the exposure of the guilty so that every person who commits a crime shall be charged or punished. In other words, the preliminary investigation is called upon to facilitate the objective and comprehensive administration of justice.

Task 13. Answer the following questions:

1. What stage do the criminal cases pass through before they are heard in court?

2. What bodies have investigation departments?

3. What are the actions of the investigation bodies regulated by?

4. What cases do the investigators from the Procurators Office investigate?

5. What grave crimes do you know?

6. What actions do the investigators from the Ministry of the Interior do in cases of grave crime?

7. What cases do the investigators of the militia bodies usually hold inquiries into?

8. What crimes do you consider not very dangerous?

9. By whom are especially dangerous crimes against the state investigated?

10. What is the main task of an investigator?

11. What actions may the investigator undertake while holding an inquiry of a case?

12. What is the preliminary investigation called upon?

13. Does the investigator himself transfer the case and the indictment to the court? Who does it?

14. What does the investigator do if he suspects a person of a crime?

15. Would you like to become an investigator?