Institution of Preliminary Investigation Suspension: Issues of Theory and Statutory Regulation

Abstract

The author attempts to analyze the current criminal procedure legislation of the Russian Federation, as well as the system of scientific knowledge available in the theory of criminal procedure law for the need to improve the criminal procedure institution of preliminary investigation suspension. The reliability of the results is ensured by the integrated use of general scientific and private methods allowing formulating an idea of the modern criminal procedure institution of preliminary investigation suspension. The use of the comparative research method allowed the author to conclude that it is possible to implement certain criminal procedural norms of foreign legislation regulating the institution of suspension of a criminal case. The method of historical analysis used in the study allowed us to consider the evolution of this procedural institution and highlight the historical stages of its legal development. The statistical method provides for the study of the suspension of the preliminary investigation based on representative empirical material, which made it possible to identify objective patterns and formulate specific conclusions (it was used when taking into account the results of a survey of citizens). As a result, the author determines the elements inherent in the institution of preliminary investigation suspension and defines the concept. The suspension of the preliminary investigation should be understood as the complex activity of the competent state bodies and officials established by the Criminal Procedure Law, including the adoption of a temporary procedural decision on the suspension of the preliminary investigation, criminal prosecution, the production of procedural actions on the grounds that prevent further criminal proceedings provided for in the law, up to their elimination. According to the author, the main trends in the development of the institution of suspension of the preliminary investigation are: amendment of Chapter 28 of the Code of Criminal Procedure of the Russian Federation, which consists in replacing the phrase «suspension (resumption) of the preliminary investigative activities» with «suspension (resumption) of the preliminary investigation»; expanding the list of grounds for suspending the preliminary investigation; supplementing the criminal procedure legislation with an appropriate norm regulating the prohibition of decision-making on the suspension of the preliminary investigation carried out in the abbreviated form of inquiry; resolution of the issue of the production of investigative actions in suspended criminal cases.