Problems of Starting a Pre-Trial Investigation Before and During the Covid-19 Pandemic. Comparison of the International Context

Larysa Arkusha,Oleksandr Torbas,Tetiana Babchynska,Viktor Zavtur,Vladlena Voloshyna

doi:10.31207/ih.v9i2.256

Larysa Arkusha, Oleksandr Torbas + Show 3 more

Open Access

https://doi.org/10.31207/ih.v9i2.256

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Abstract

The challenges posed by the spread of coronavirus infection are global and affect almost all spheres of public life, including criminal justice. To minimize direct social communication, the possibilities of using remote legal procedures in criminal proceedings have been expanded. The legal procedure of pre-trial proceedings established in the Criminal Procedure Code in the part of the beginning of the pre-trial investigation turned out to be misfit to the conditions of continuous quarantine. The purpose of the article is to identify, describe and propose solutions to the problems of starting a pre-trial investigation during the Covid-19 pandemic. Thus, to solve this problem, the article examines the existing problems of pre-trial investigation before and during the Covid-19 pandemic, taking into account domestic scientific experience, as well as current foreign practices to resolve this issue to study the possibility of adopting their best practices and implementing them in the legislation. In the process of research, such methods as the dialectical, structural-functional analysis, comparative-legal and historical method. It is necessary to emphasize the simplification of the procedure for reporting the detected signs of criminal offenses, which necessitates raising the professional level of law enforcement officers, as well as conducting large-scale information work among internet users.

Highlights

Today, it is difficult to deny that the challenges posed by the spread of coronavirus infection are global in nature and affect virtually all spheres of public life
Numerous changes that have been made to domestic legislation in recent months are generally aimed at expanding the possibilities of applying remote legal procedures in criminal proceedings, which minimize the need for direct social communication
It can already be stated, that the legal order of pre-trial proceedings established in the Criminal Procedure Code in the part of the beginning of the pre-trial investigation turned out to be misfit to the conditions of continuous quarantine

Summary

Introduction

It is difficult to deny that the challenges posed by the spread of coronavirus infection are global in nature and affect virtually all spheres of public life. It is obvious that the regulations of the pre-trial investigation, in particular, in terms of accepting allegations of criminal offenses, informing participants of criminal proceedings about criminal proceedings, their participation in certain proceedings requires some adjustment due to the pandemic. For it can already be stated, that the legal order of pre-trial proceedings established in the Criminal Procedure Code in the part of the beginning of the pre-trial investigation turned out to be misfit to the conditions of continuous quarantine. Ensuring the principle of legal certainty at this stage of criminal proceedings is extremely important for the implementation of the proclaimed in Art. 2 of the Criminal Procedure Code, the task of protecting persons (especially the victim and the applicant)

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