Ending of the inquiry in an abbreviated form with an indictment

Abstract

The ending of preliminary investigation is final stage of pre-trial criminal proceedings, consisting in the preparation of materials by the person conducting the preliminary investigation, and the transfer of these materials to the prosecutor. This article is devoted to topical issues of the ending the inquiry in an abbreviated form, in particular, the problematic issues related to the compilation of the indictment. The analysis made it possible to establish that the indictment is the procedural decision of the inquiry officer who completes the criminal prosecution when conducting the inquiry in an abbreviated form in which he, in the form of a state-imperious command, within the limits of his competence and in accordance with the criminal procedure law, on the basis of the factual data established in the case, gives answers to the legal questions arising in the case about the guilt of the person who committed the crime. In addition, significant shortcomings in the legal regulation of the procedure for ending an inquiry in an abbreviated form with the indictment have been identified, which are discussed in this article.