Prosecution Research Articles

Framing and prosecutorial discretion: evidence from Brazil

Abstract Prior studies in the United States argue that the discretionary decisions of federal prosecutors regarding which issues to prioritize are shaped by the politicians who appoint them, while studies on state prosecutors emphasize the role of press coverage and public opinion. However, these studies leave untheorized whether prosecutors’ discretionary decisions are also affected by how their peers frame issues within and beyond prosecution offices. Building on the scholarship of collective action frames, this study develops a framework to explain how prosecutors’ framing work affects their colleagues’ decisions about which issues to focus on. I draw on the case of Brazil, where federal prosecutors focused on crime-fighting and human rights, but in the mid-2010s switched focus to corruption following a large-scale investigation called Lava Jato. I compare Lava Jato with two similarly large investigations that failed to transform corruption into the dominant issue within the Public Prosecutor’s Office. Drawing on 131 original interviews, I show how federal prosecutors’ framing work can persuade their colleagues to focus on the same issue through two stages: (1) conceptualization of versatile frames that speak to problems a variety of issues prosecutors care about and (2) diffusion of frames through professional meetings – providing roadmaps for how other prosecutors can implement the new frame – and to the press, increasing public attention.

The prosecutor's office, pretrial detention and the principle of objectivity: legal challenges, criteria and measures

The general objective of this study is to critically review how the excessive demand, by the prosecutor's office as head of public criminal action, in Ecuador, with respect to the application of the precautionary measure of preventive detention, on the occasion of hearings for the formulation of charges and/or classification of flagrancy, ignores and violates the principle of objectivity, pointing out the excessive use of this measure as a research problem. For this purpose, a qualitative approach methodology is used, under exegetical, analytical and inductive methods, using as a data collection technique the interview with three Ecuadorian prosecutors. As a result, it was found that, in effect, the request for this precautionary measure ignores and violates the principle of objectivity, given that the prosecutors take into account elements such as the prevention of new crimes and the protection of victims to base it, moving away from the criteria stipulated by national regulations, which violates this and other procedural principles and, consequently, violates the accused's right to due process. Keywords:

The Public Prosecutor’s Office’s experience using Global Forest Watch to monitor and deter deforestation in the Cerrado

Summary The Cerrado biome is a global biodiversity hotspot, and more than half of its area has been devastated in recent decades. Nevertheless, environmental enforcement agencies have a low capacity for monitoring and curbing illegal deforestation and fires. In this context, the local unit of the Public Prosecutor’s Office in Itiquira, Mato Grosso, has been experimenting since mid-2018 with the Global Forest Watch platform to detect illegal deforestation at its onset and notify landowners by electronic means (WhatsApp, email, etc.). With this remote inspection there has been a significant increase in the number of infraction notices, criminal actions, agreements for civil reparation of damage and public civil suits. By seeking to identify illegal deforestation in progress (in flagrant situations), the Public Prosecutor’s Office has prevented such events from turning into major deforestation. Preliminary data indicate that the practice of monitoring and notifications by the Public Prosecutor’s Office and environmental control agencies has increased law enforcement on deforestation and fires in that municipality and halted infractions at their inception. The challenge now is to determine the extent to which this method can be replicated in broader territories and other biomes such as Amazonia and Pantanal.

Disclaimer of Political Rights As An Effort to Eradicate Corruption

Corruption is an extraordinary crime, so extraordinary methods are also needed to prevent and eradicate this crime. The imposition of serious crimes is one of the ways needed to eradicate them, then new punitive breakthroughs are also needed in order to provide a sense of deterrence and fear to both the perpetrators and the community. Several cases that have been decided during the trial of corruption at the first level, among others, are on behalf of the accused, Inspector General. Djoko Susilo in the corruption case of the procurement of a driving license (SIM) simulator tool, the KPK Public Prosecutor demanded additional crimes of revoking the right to vote and vote in general elections and public office (political rights), and the panel of judges granted the demands at the appeal level. This additional punishment is regulated in article 35 of the Criminal Code in conjunction with article 18 paragraph (1) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Corruption. This research uses normative legal research methods, supported by primary, secondary and tertiary legal sources. With descriptive qualitative analysis.The problem with this additional punishment for depriving political rights is how to apply this additional punishment for depriving political rights in the prevention and eradication of corruption, because of course the KPK has strong reasons why this additional punishment is included as a punishment for perpetrators of corruption.

The Effect of the Elected Chief Prosecutor on Punitiveness in Local Courtrooms

The United States currently leads the world in the number and proportion of individuals held under correctional supervision. Prosecutors are widely considered to be the most influential actors in the courtroom, and some current reform efforts center around prosecutor-driven reductions in punitiveness. However, little is known about the extent to which elected chief prosecutors impact punitiveness in local courtrooms. This study examines how dismissal and active sentence rates in nine mid- to large-sized prosecutorial districts in North Carolina are influenced by the identity of the elected District Attorney (DA) who was in office when the case was disposed. The study sample included four types of criminal cases (marijuana possession and sale, possession of firearm by felon, larceny, and driving while intoxicated) resolved in the nine districts from 2005–2018. A two-way fixed effects regression analyses showed that elected prosecutors significantly influenced dismissal and active sentence rates in their districts, typically to a small degree (by less than 5%) but sometimes by 20–30%. However, prosecutors did not influence punitiveness consistently across all crime types or according to traditional political party. This study suggests that the elected prosecutor matters in local criminal prosecution and enhances the current understanding of the power of the elected prosecutor to shape punitiveness in local courtrooms.

Virtopsy concept around the world: institute-based survey of worldwide forensic postmortem imaging

Introduction: Forensic routine postmortem imaging in excess of photography and conventional X-ray has been pushed since a few years, in some instances under the name ”Virtopsy”. It constitutes a pivotal innovation in forensic medicine as it allows for the non-invasive exploration of the deceased through diverse imaging techniques. This study offers an analysis of a survey with focus on the worldwide adoption and application of postmortem imaging. Our goal is to uncover and understand regional variances in its deployment application. Methods: A survey comprising 18 questions, both closed-ended and open-ended, was designed collaboratively and distributed globally via email and social network. The survey addressed topics such as autopsy rates, imaging modalities, indications for postmortem imaging, personnel involved, evaluation methods, and communication of findings. The survey was initially sent to institutes with published postmortem imaging research, and later, it was distributed through international forensic radiology and radiographer associations. Statistical analysis was conducted to interpret the results. Results: Responses were obtained from 29 countries, representing 6 continents, with a total of 100 participating institutions. European institutions were predominant (69%), followed by Australia (9), North America (8), Asia (7), Africa (6) and South America (1). The majority of institutions reported 100-500 autopsies annually (31). Among the institutes that reported that they perform post mortem imaging (PMI), most listed postmortem computed tomography (PMCT) as modality (89%). The request to perform PMI was issued by institutes of forensic medicine (51%), researchers (42%), police (43%) or public prosecutor’s office (54%). 48% of the respondents stated that an autopsy must always be performed, even if the cause and manner of death can be ascertained by postmortem imaging. radiographers were primarily responsible for technically performing PMCT (65%) whereas physicians were listed in 28%, autopsy technicians in 18%. The majority of the institutions (32%) identified clinical radiologists as the primary individuals responsible for reading, evaluating radiological images, and writing reports. Many respondents (64%) reported that their image readers had attended specialized postmortem imaging courses. Communication of findings typically involved written reports (28%) or a combination of written reports and illustrated images (31%). Membership of survey respondents was indicated in 38% for the International Society of Forensic Radiology and Imaging (ISFRI) and 5% for the International Association of Forensic Radiographers (IAFR). The question was how many of the responders are members of a PMI focused radiological society or work group. 52% (44 out of 85) respondents indicated they were not a member of a postmortem imaging society. The memberships listed are ISFRI (38%), IAFR (5%) and AGFB (Arbeitsgruppe Forensische Bildgebung, 4%). Conclusion: This study provides a global perspective on the utilization of postmortem imaging in forensic medicine, revealing regional variations in practices and technology adoption. It offers insights into the personnel, techniques, and procedures involved in this field in different countries.

Peranan Jaksa Penuntut Umum dalam Pengembalian Barang Bukti Kepada Pihak Korban Tindak Pidana di Wilayah Hukum Kejaksaan Negeri Tanjung Jabung Timur

The criminal act committed is very closely related to the evidence or goods, while the evidence will be used to prove the criminal act committed before the court by the prosecutor. An item of evidence will be presented at the evidentiary hearing at trial. Regarding evidence, if the trial verdict states that the evidence will be returned to the party who has the rights, then this action is carried out by the prosecutor in accordance with his authority in implementing the judge's verdict which already has permanent legal force and the basis for this implementation is guided by the quote from the judge's decision. This research aims to study the legal regulations on the implementation of the judge's decision regarding the return of evidence and examine the obstacles to returning evidence to its owner by prosecutors. This type of research is empirical juridical research that uses primary data through interviews with the East Tanjung Jabung state prosecutor's office, as well as secondary data obtained through analysis of secondary, primary and tertiary legal materials. From the results of the research, it was concluded that the legal regulations regarding the process of returning evidence for criminal acts in the jurisdiction of the East Tanjung Jabung district court have gone through a process that involves determining the legal force of the decision and making a letter extracting the judge's decision. Generally, an extract of the decision is issued within approximately one week after the inkracht decision. The prosecutor will receive an excerpt from the decision to prepare a BAP for the judge's decision and prepare a BA for the return of evidence. Then the evidence will be handed over to the individual whose name is listed in the text of the decision made by the judge. There are no time provisions governing the collection of evidence by the owner whose name has been mentioned in the contents of the verdict, so the prosecutor must immediately return the evidence, this is due to concerns that the evidence could pile up at the Prosecutor's Office.

The Value of Restitution and Diversion in the Law Enforcement of Criminal Sexual Violence Against Children

The process of shifting the criminal justice system's case resolution process for offenses involving minor sexual assault to an outside location is known as diversion. One kind of diversion is returning money to victims of child sexual abuse; nevertheless, diversion and restitution are typically used less frequently in the criminal justice system. For this study, the following question was posed: Does law enforcement adhere to the juvenile criminal justice system when it comes to enforcing diversion and providing compensation for offenses involving sexual abuse of children? The study's technique is juridical-normative and follows the law. The study's findings show that law enforcement officers at all levels still stray from advised procedures even in the face of attempts to implement diversion within the criminal justice system. In order to make diversion mandatory during police investigations, public prosecutors' prosecutions, and judicial panel trials, rules and regulations that offer legal certainty are required.

Pelaksanaan Penuntutan Oditur Militer Terhadap Oknum Tentara Nasional Indonesia Angkatan Darat (TNI AD) dalam Tindak Pidana Umum

This research is aimed at finding out more about the implementation of prosecutions by Military Prosecutors starting from the case files resulting from the investigation being received by the Military Prosecutor until the transfer of case files to the Military Court. The aim of this research is to determine the implementation of prosecutions carried out by Military Prosecutors against TNI AD personnel who commit criminal acts and to find out what the obstacles are and how to overcome obstacles in carrying out prosecutions against TNI AD individuals who commit criminal acts. This type of research is a field research located at the I-04 Military Prosecutor's office, Padang, West Sumatra. The data used are primary data and secondary data obtained from interviews, statutory regulations and literature studies. The informant in this research was the Head of the I-04 Padang Military Authority. The results of this research are that the implementation of the prosecution begins when the case file is received by the Oditur, the Oditur examines the case file, makes a Sph Father, makes an indictment, and transfers the case file to the Military Court.

Law Enforcement Against Perpetrators of Criminal Acts In The Insurance Sector In The Perspective of Money Laundering (Study At Manado District Court)

Human life activities are inseparable from the risks that can occur at any time that can cause losses. One effort to overcome this is to use insurance services, but today there are often cases of insurance that harm the community, among others, due to irregularities by insurance agents and the perpetrators are only subject to criminal sanctions in the insurance sector, even though the act is a criminal act of money laundering. This research is a normative juridical research, using a statutory approach and a case approach. The results of the study, that law enforcement against perpetrators of criminal acts in the insurance sector in the perspective of money laundering in cases committed by Mrs. Swita Glorite Supit based on Manado District Court Decision Number: 125/Pid.Sus/2021/PN. Mnd dated June 8, 2021, has not been implemented optimally in accordance with the provisions of applicable laws and regulations, where law enforcement only applies the provisions of general crimes and criminal acts in the insurance sector, despite the fact that Mrs. Swita Glorite Supit committed money laundering proceeds in the insurance sector. Obstacles in law enforcement against perpetrators of criminal acts in the insurance sector in the perspective of money laundering in cases committed by Mrs. Swita Glorite Supit, consists of aspects of legal substance, where the provisions on criminal acts in the field of insurance and money laundering are special crimes so that Investigators and Public Prosecutors only apply crimes in the field of insurance, and there are no regulations of the Financial Services Authority that specifically regulate the procedures, procedures and activities of insurance agents. Aspects of legal structure, where the understanding of law enforcement who handles the case so that it does not apply the provisions of money laundering in accordance with the actions committed by Mrs. Swita Glorite Supit, and aspects of legal culture, where the public does not know and understand well the provisions governing criminal acts in the field of insurance, and about money laundering

The Urgency of Terminating Investigations in Handling Corruption Cases in the Jurisdiction of the High Prosecutor's Office South Sulawesi

Objective: This study aims to investigate the urgency of terminating investigations in handling corruption cases within the jurisdiction of the High Prosecutor's Office South Sulawesi. It seeks to identify the factors influencing the decision to terminate investigations, evaluate the effectiveness of such decisions, and propose recommendations for improvement. Methodology: A mixed-methods approach is employed, combining quantitative analysis of case data with qualitative examination of legal documents and interviews with legal practitioners. Data is collected from corruption case files, legal statutes, and interviews with prosecutors and anti-corruption experts. Theoretical Framework: Theoretical Framework adopts a normative case study approach as the main method to understand and analyse the urgency of stopping investigations in handling corruption cases in the jurisdiction of the South Sulawesi High Prosecutor's Office. In this context, the main focus of the research is on the concept of law as a norm or rule that applies in society, which guides the behaviour of each individual. Normative legal research, in essence, aims to identify, analyse and evaluate various legal aspects relevant to the termination of investigations in corruption cases. This includes an in-depth study of legal regulations, legal principles, and legal doctrines related to the investigation termination process. Conclussion: The urgency of halting investigations into corruption cases lies in efforts to recover and restore state finances, as outlined in Article 109 paragraph (2) of the Criminal Procedure Code. Reasons for terminating investigations include insufficient evidence, absence of criminal offense, and adherence to legal principles. Investigators possess the authority to issue Investigator's Termination Orders, particularly in cases where no unlawful acts, strong evidence, or state losses are found. The application of Restorative Justice facilitates the return of state losses by corruption perpetrators while maintaining criminal sanctions against them.

Analisis Dasar Pertimbangan Hakim Praperadilan pada Perkara Penetapan Tersangka Tindak Pidana Korupsi Dana Desa

Ensuring the preservation of human rights and the coherence of law enforcement's tasks are predicated on the pre-trial provisions of the criminal procedure legislation. As part of its mission to ensure that the criminal justice system is fair, the pretrial facility has put safeguards in place to monitor the effectiveness with which police officers carry out their tasks. All eyes are on the judge's evaluation of the law's applicability in light of pre-trial judgment 4/Pid.Pra/2022/PN.Kla. Normative and empirical theories of law are both used in this study's methodology. Primary data collected from the field and secondary data collected from various relevant legal sources are both used in this study. The study team included a law school professor, a prosecutor from the South Lampung District Prosecutor's office, and a judge from the Kalianda District Court. The court considered the following factors in rendering pretrial decision 4/Pid.Pra/2022/PN.Kla, in accordance with the study's conclusions: Instead of using the seizure reports and records that initially connected the suspect to the South Lampung District Prosecutor's Office ( Respondent) as evidence, the judgment was based on legal, social, and philosophical factors. Beyond that, the applicant was not suspected of being the subject of an official audit by the State Financial Loss Calculation Audit (PKKN). In order to establish a monetary loss to the state, the investigator must explicitly recognize a critical component that forms the foundation or risk of the inquiry. All of the applicant's pretrial requests were therefore granted by the court. The officials tasked with carrying out the pretrial decision's enforcement have finished their task. Kla is based on the multi-stage execution of criminal legislation.

The Effectiveness of Social Communication in Creating a Conducive Atmosphere in Penajam Paser North District through Facilitation P4GN & PN

This research aims to determine the effectiveness of social communication in creating a conducive atmosphere in North Penajam Paser Regency through facilities for the Prevention, Eradication, Abuse and Illicit Trafficking of Narcotics and Narcotics Precursors (P4GN & PN). When this research was carried out, he met directly with the Head of the National Unity and Politics Agency through the Head of the Development of Iwasbang, Community Organizations and Economic, Social and Cultural Resilience. Apart from that, conducting interviews with several related sources such as the Health Service, PPU District Narcotics Agency (BNK), PPU District Prosecutor's Office, PPU 0913 Military District Command, PPU Cq Resort Police. Narcotics Unit, Bangun Mulya Village, Waru District. The negative impact resulting from drug abuse is very large, not only does it have an impact on physical health problems, but it also has an impact on psychological/mental health problems. Drug prevention and control efforts can be carried out in preventive or repressive ways. The existence of the North Penajam Paser Regency National Narcotics Agency is expected to be able to assess and suppress the still high level of drug abuse to the extent of the effectiveness of social communication in creating a conducive atmosphere in North Penajam Paser Regency through facilitating the prevention, eradication, abuse and illicit trafficking of narcotics and narcotics precursors (P4GN & PN).

Limits and pitfalls in a lethal infant cocaine intoxication

ABSTRACT The case concerns the first Italian report of a fatal cocaine intoxication in an 8-month-old baby girl found dead in the cradle by her parents at 6 am on a summer day. At arrival to the emergency department, the doctors declared the baby dead and the Prosecutor Office ordered an autopsy and toxicological analyses. Despite no history of cocaine use/abuse by both parents, toxicological analyses evidenced a positivity to cocaine in the post-mortem blood, brain and liver. The legal physician concluded for a fatal cocaine intoxication. A crucial aspect to the Court was to discriminate between administration (accidental or voluntary) and intake (almost accidentally), due to different legal consequences for parents (i.e. voluntary homicide or inadequate supervision). In the here presented case discriminating the exact intake was almost impossible in terms of certainty. Such difficulty mainly derived from lacks in the investigation activities in the first hours following the death. Among all possible intake routes, the ‘most probable’ was the accidental one, mostly attributable to a cradle contamination. A lack in the site inspection protocol could strongly affect the case solution making it impossible to offer the Court a definitive ‘scientific’ solution to the case (based on scientifically irrefutable data).

Penerapan Restorative Justice oleh Pengadilan Negeri Medan untuk Mewujudkan Kepastian Hukum dalam Penyelesaian Tindak Pidana

This research aims to evaluate the effectiveness of the implementation of restorative justice by the District Court of Medan in achieving legal certainty for all parties involved in the legal process. The research method used is normative juridical legal research, focusing on written regulations and other legal materials. Data collection is conducted through literature review to explore concepts, theories, or opinions regarding Legal Certainty in the Implementation of Restorative Justice. The analysis is qualitative, explaining the relationship between types of data, selection, and data processing to be systematically outlined. The conclusion of the analysis will include answers to the issues raised and evidence of the truth or falsity of the hypotheses proposed. The results of the research indicate that the Indonesian Criminal Justice System has undergone renewal with the introduction of the concept of restorative justice. This involves perpetrators, victims, and other stakeholders in seeking fair solutions and peace after criminal events. The Public Prosecutor's Office plays a crucial role in prosecution, and the principle of "enn en ondeelbaar" asserts its functional unity. Restorative Justice has been regulated in laws and regulations, providing opportunities for victims and perpetrators to participate in peaceful case resolution. Restorative Justice offers an alternative to criminal case resolution outside the courtroom, focusing on restoration and reconciliation. In the District Attorney's Office of Medan, the process requires detailed administration. The regulation of victim protection in criminal law is stipulated in Indonesian positive law. Restorative Justice is applied in the general court environment with the aim of creating legal certainty and justice for all parties involved. Legal certainty in the application of Restorative Justice allows for various alternative handling of criminal offenses outside the courtroom, such as out-of-court settlements. This can reduce case backlog and high costs, as well as shorten the resolution process compared to litigation. Restorative Justice also prioritizes substantive justice with a focus on the interests of victims and restoring conditions to pre-criminal levels.

In Case You Haven't Heard…

Yet another official charged with misconduct has blamed it on alcohol use disorder. The former prosecutor for Hocking County, Ohio, resigned this month after a complaint was filed against him for creating a hostile work environment, commenting on female clothing in a sexual manner, sending unsolicited photos of himself to a female subordinate, and having a sexual relationship with the county commissioner whom he would be representing as the county's prosecutor. Ryan Black, 41, responded to the complaint, which was filed with the board that oversees the discipline of attorneys in the state through his attorney, Alvin Mathews, last week, saying that he “suffered from a mental health disorder and an alcohol use disorder,” adding that he is “seeking ongoing treatment.” The disorders “contributed to cause any conduct for which (Black) is responsible,” the response said, according to an April 23 article in the Columbus Dispatch. Potential discipline by a panel consisting of three attorneys or judges who do not reside in the area where Black practices law could involve the suspension of his law license or disbarment. First of all, ADAW hopes he gets the help he said he needs. But it's too bad he didn't get it before he got into trouble. It should be much easier for public officials to get that kind of help before they destroy their careers.

Application For Dissolution of Limited Liability Company Submitted By The Attorney In The Public Interest

This study is motivated by the absence of limitations on the meaning of the phrase public interest in Article 146 paragraph (1) letter a of Law Number 40 of 2007 concerning Limited Liability Companies. Therefore, it leads to a blurring of norms. Furthermore, the objectives of this study are (1) to understand and analyze the authority of the Prosecutor's Office in submitting a request for dissolution of a Limited Liability Company to the District Court; and (2) to understand and analyze the limitations of the meaning of the phrase public interest as intended in Article 146 paragraph (1) letter a of Law Number 40 of 2007 concerning Limited Liability Companies based on Balikpapan District Court Decision Number 457/Pdt.P/2019/PN Bpp. This study was normative juridical research by using a statutory approach and a case approach. Legal materials were analyzed by using prescriptive analysis methods. The study shows that the authority of the Prosecutor's Office to dissolve a company is regulated in Article 146 paragraph (1) letter a UUPT where the Prosecutor's Office is given the authority in order to dissolve a company which is deemed to violate the public interest. However, the criteria for violations of the public interest are not explained. Therefore, there is no clear definition of the meaning of this public interest phrase. In addition, the provisions and meaning of public interest are now very flexible in accordance with relevant regulations.
 Keywords: Prosecutor’s Application, Limited Liability Company, Public Interest

Appointment and conduct of construction-technical and evaluation-construction expertise in criminal proceeding provided for in Article 191 of the Criminal Code of Ukraine

The article examines the main provisions of construction-technical and evaluation-construction expertise in criminal proceedings on appropriation, waste of property or possession of it through abuse of official position, which is accompanied by an analysis of statistical data of the Office of the General Prosecutor, the Expert Service of the Ministry of Internal Affairs of Ukraine, as well as the results of a survey of investigators National Police. The types of special knowledge of court experts have been defined, which correspond to the expert specialties acquired by them and allow the involvement of relevant specialists during the construction and technical and evaluation and construction examinations in criminal proceedings on appropriation, waste of property or possession of it by abuse of official position. The tasks of these types of forensic examinations and a typical list of issues resolved by them are outlined, which allows to effectively conduct an investigation of a criminal offense provided for in Article 191 of the Criminal Code of Ukraine, taking into account the available conclusions of experts and the possibility of using them in the evidence system. The specifics of the appointment of construction- technical and evaluation-construction expertise in the investigated criminal proceedings, which relate to the types of construction-technical documentation provided to the expert, as well as the need in specific cases of investigation of official embezzlement during road construction to appoint these expertises in a complex with others, are revealed. The procedural features of preparing and conducting an evaluation and construction examination in criminal proceedings initiated under Article 191 of the Criminal Code of Ukraine, which consist in the proper preparation of documents by the investigator regarding the inspection of the premises that will be evaluated during the examination, have been studied. The advantage of the combined use of special knowledge in the form of the appointment of complex forensic examinations during the investigation of appropriation, waste of property or possession of it through abuse of official position in the field of construction, namely construction-technical and evaluation-construction, road-technical, commodity expert examinations, has been proven.

Legislative regulation of criminal liability of judges for passing an unjust or illegal judgement

The article provides an analysis of the legislative regulation of criminal prosecution of judges for making a deliberately unlawful decision or in violation of procedural law. International standards on of criminal liability of judges and judicial immunity, as well as judicial decision, and generalized approaches of legislators of other states to criminalization of rendering an unjust, illegal and/or unreasonable or biased judgement, and for comparison and other acts related to the performance of judicial duties. The article examines the provisions of the Criminal Procedure Code of Ukraine regarding the legality and validity of a court decision. A court decision is based on the principles of the rule of law, it must be made by a court in accordance with the substantive law and in compliance with the procedural law, and must meet the objectives of the relevant legal proceedings, but if it is made on the basis of insufficiently and comprehensively clarified circumstances, then it is an unreasonable court decision that is not deliberately unjust.
 The study was also based on the case law of national and international courts. The issue of interpretation of “criminal liability” was based on the study of the practice of the Constitutional Court of Ukraine. Compliance with the procedural procedure for bringing judges to criminal liability contributes to the observance of guarantees of their inviolability and independence, plays an important role in the resolution of criminal proceedings on the merits and is a prerequisite for observance of the general principles of criminal proceedings and the delivery of a lawful, reasoned and motivated court decision.
 The article highlights that the concepts of “injustice”, “illegality” and “unreasonableness” are not synonymous and have different procedural content.

Implementation of the principle of competition in the course of pre-trial investigation

The article is devoted to the study of the peculiarities of implementing the adversarial principle in the course of pre-trial investigation. Adversariality determines the image of the entire criminal process, since it implies its construction in which the functions of prosecution, defense and case resolution are separated from each other. This, in turn, gives the court’s verdict a special power of persuasion, increases its legal and social significance.
 The adversarial principle in the course of pre-trial investigation has its own structure, which consists of four interrelated elements: 1) the presence of the prosecution and the defense; 2) the presence of equal procedural rights for the prosecution and the defense; 3) the presence and clear separation of the functions of public prosecution, defense and trial; 4) the presence of an objective and impartial court.
 At the stage of pre-trial investigation, the adversarial nature of the parties is characterized by a number of circumstances, one of which is that the officials conducting the proceedings have power and administrative authority, unlike the defense. In the course of the study, the author substantiates the position that it is necessary to expand the powers of defense counsel with a view to intensifying his/her activities in implementing the principle of adversariality at the pre-trial investigation stage. In this regard, the author suggests that the CPC of Ukraine should include the following: a protocol form for recording the results of questioning of persons by the defense; provide for the liability of public authorities, local self-government bodies, enterprises, institutions, organizations, officials and individuals for failure to comply with the defense’s requests for the provision of necessary items and documents; supplement the CPC of Ukraine with a rule imposing on the investigator, prosecutor the obligation to timely notify the defense counsel of the time and place of the investigative (search) action in which he or she has the right to participate.