ПІДСТАВИ ДЛЯ СКАСУВАННЯ ПІДОЗРИ У КРИМІНАЛЬНОМУ ПРОЦЕСІ

Abstract

The article examines the issue of grounds for the cancellation of suspicion. It is emphasized that the presence of reasonable suspicion and the application of a preventive measure presupposes a correct written notification of a person suspected of committing a criminal offense, which must be carried out in accordance with the procedure established by law. Suspicion is a procedural decision that is made at the pre-trial investigation stage, based on the collected evidence. It is based on the assumption of the involvement of a specific person in the commission of a criminal offense and is formed on the basis of the still inconclusive results of the investigation. This decision is made by the prosecutor or the investigator with the prosecutor's approval. As a conclusion, it is emphasized that the grounds for canceling a notification of suspicion may be a violation of procedural norms and requirements of the law, as well as the absence of strong evidence to substantiate the suspicion. The decision of the investigating judge on the refusal to satisfy the complaint on the notification of the change of the previously notified suspicion may be challenged in the appeal procedure, in particular, when the procedural norms are violated or significant deficiencies in the preparation or delivery of the notification are found. At the same time, it is also important to take into account the time frame of changes to the legislation regarding the preparation and delivery of reports of suspicion. Often in judicial practice, there is a contradiction in the decision of whether a case should be investigated on the basis of evidence or only the presence and weight of this evidence. Therefore, for the effective protection of the rights and interests of the accused, it is important to have a clear understanding of procedural rules and legal principles, as well as to defend them in court on the basis of relevant evidence and well-balanced arguments. Keywords: criminal proceedings, suspicion, notification of suspicion, appeal of suspicion