NCJ Number
46060
Journal
Soviet Law and Government Volume: 16 Issue: 2 Dated: (AUTUMN 1977) Pages: 49-48
Date Published
1977
Length
5 pages
Annotation
DUTIES OF THE PROCURATOR UNDER THE SOVIET CODE OF CRIMINAL PROCEDURE IN THE SUPERVISION OF THE LEGALITY OF MEASURES OF RESTRAINT APPLIED TO ACCUSED OR SUSPECTED PERSONS ARE EXAMINED.
Abstract
ONE OF THE IMPORTANT AREAS OF PROCURATORIAL SUPERVISION IS THE ESTABLISHMENT, THROUGH EVALUATION OF THE EVIDENCE, OF THE JUSTIFIABILITY OF ARREST OF THE ACCUSED OR, ONLY AS AN EXCEPTION, A SUSPECT. A SUSPECT MAY BE PLACED UNDER CONFINEMENT ONLY WHEN IT IS IMPOSSIBLE TO PERMIT HIM TO REMAIN IN FREEDOM AND WHEN MATERIALS FOR PRESENTING AN ACCUSATION HAVE NOT YET BEEN ASSEMBLED. EXPERIENCE SHOWS THAT THE CHIEF CAUSE FOR UNJUSTIFIED ARREST IS ERROR IN EVALUATING THE EVIDENCE. A FURTHER BASIS FOR CONFINEMENT OF THE ACCUSED REGARDLESS OF OTHER GROUNDS IS THE DANGER PRESENTED BY THE CRIME. IF GROUNDS FOR CONFINEMENT UNDER GUARD ARE INSUFFICIENT, THE PROCURATOR SHALL REFUSE TO SANCTION SUCH CONFINEMENT. IF GROUNDS DO EXIST, THE INVESTIGATOR MUST THEN CONSIDER ADDITIONAL FACTORS BEFORE MAKING HIS DECISION. THESE INCLUDE THE SEVERITY OF THE ACCUSATION, PERSONALITY, AGE, HEALTH, OCCUPATION, AND FAMILY SITUATION OF THE ACCUSED. THE METHODS THE PROCURATOR WILL USE IN DETERMINING THE JUSTIFICATION OF AN ACCUSATION AND THE GROUNDS AND NEEDS FOR ARREST INCLUDE A STUDY OF THE CONTENT OF THE ARREST ORDER AND INVESTIGATORY MATERIALS, AND CIRCUMSTANCES AND MOTIVATIONS OF THE ARREST. PARTICULAR ATTENTION SHOULD BE GIVEN TO THE MINUTES OF THE PRELIMINARY QUESTIONING OF THE ACCUSED, THE INJURED PARTIES, WITNESSES, AND EXPERTS. THE FILE MUST ALSO CONTAIN EVIDENCE SUPPORTING THE CONTENTION THAT THE ACCUSED WOULD ATTEMPT TO SUBVERT INVESTIGATION IF THIS IS A REASON FOR THE ARREST. IF THE PROCURATOR HAS DOUBTS ABOUT EVIDENCE, HE MUST PERSONALLY QUESTION THE ACCUSED. HE MAY THEN SANCTION THE ARREST, REFUSE IT, OR REQUIRE THE COLLECTION OF FURTHER EVIDENCE. A REFUSAL MUST BE IN WRITING AND MUST CONTAIN A DEMONSTRATION OF ERRORS IN THE INVESTIGATOR'S CONCLUSIONS AND OTHER FACTORS JUSTIFYING THE REFUSAL. A WRITTEN REFUSAL MAKES IT POSSIBLE FOR THE INVESTIGATOR TO CITE CONCRETE EVIDENCE IN APPEALING THE PROCURATOR'S DECISION. WHEN FURTHER INVESTIGATION TO JUSTIFY AN ARREST IS NECESSARY, THE PROCURATOR SHALL SO INSTRUCT THE INVESTIGATOR AND SET A TIME LIMIT FOR COMPLETION. USUALLY, SUCH ADDITIONAL INVESTIGATION MUST BE CARRIED OUT WITHIN THE 72-HOUR PERIOD ALLOWED FOR PREARREST DETENTION OF THE SUSPECT. (JAP)