Keyword: «indictment»

The article reveals the essence of the procedure applied in accordance with the legislation in force of the inquiry in the general order, points out shortcomings of the author’s appearance of this form of investigation of crimes. The grounds and conditions for conducting an inquiry are analyzed in a shortened form and its differences from the ordinary form of inquiry. Some provisions of the Criminal Procedure Law regulating the investigation of crimes in the shortened form of inquiry are criticized.

The authors examine the concept of accusation in criminal proceedings and agree with the opinion that an accusation is a statement that contains the formulation of factual and legal conclusions based on the evidence obtained and the consolidation of these conclusions in the relevant act-decision. An analysis of the procedure for ending an inquiry in both its types leads to the conclusion that the procedure prescribed in the law for completing an inquiry in a general manner does not allow the accused to exercise his rights.

This article examines the decisions a prosecutor may make regarding a criminal case received from an investigator, and also provides a legal analysis of the grounds for a prosecutor to return a criminal case to the investigator. The publication substantiates the need to differentiate these grounds, which may include: incomplete preliminary investigation; incorrect classification of the crime committed and incorrect scope of the charges brought against the accused, as well as other violations related to the improper application of criminal law; material violations of criminal procedure law; and non-compliance of the indictment with the requirements of the Criminal Procedure Code of the Russian Federation. Based on the publication's findings, proposals are formulated for making corresponding amendments to current criminal procedure legislation.