What powers do the investigative bodies have?

What powers do the investigative bodies have?

 

In the face of circumstances, it happened so that I could be accused, and now I have to be questioned by the so- investigating authorities. I was summoned, and now I'm about to go to the police. In fact, who are the investigating authorities? What's the difference between an investigating officer and an investigator? Who am I to be questioned about? I need to get acquainted with their powers a little in advance before they collide with them to know what they can and can not do against me.

 

First, I need to know who the investigating authorities are?

These are:

 

investigators;

Ministry of Interior officials assigned to the position of "Investigating Police Officer" and officials of the Customs Agency appointed to the position of "Investigating Customs Inspector";

the police authorities in the Ministry of Interior and customs authorities at the Customs Agency.

What is common and different among all investigative bodies?

As the very name of 'investigating authorities' suggests, the common ground is that they conduct an investigation. The investigation is the first stage of the pre-trial proceedings or, in other words, everything that happens before the case goes to court, such as the gathering of evidence, etc. Ie. the investigative bodies are bodies of pre-trial proceedings in cases of a general nature. What does this mean? For crimes where the act is not so dangerous, the lawsuits of the so-called " private character. These crimes are not so severely punishable because they most often concern only my interests. Such are, for example, cases of insult, defamation, minor bodily harm. This means that there will be no pre-trial proceedings (ie no investigative bodies) in such a case, and I will have to prove the blame of my neighbor. However, things are different if I stole a car. In such a case, the case will be of a general nature and the prosecutor will bring the charge to court. It is precisely in such cases that the investigative bodies will participate in the trial.

 

The difference between the different investigative bodies is that they all conduct an investigation into separate categories of criminal cases. For example, if I have caused an accident, I will be questioned by investigating police officers. But if I abduct someone, I will be questioned by an investigator because of the factual complexity of the case.

 

What powers do investigators have?

Investigators are investigating so-called "complex cases." These are the cases of:

 

crimes against the Republic;

serious intentional crimes against the person, such as murder or kidnapping;

for crimes committed by judges, prosecutors and investigators, other persons with immunity, members of the Council of Ministers or civil servants;

crimes committed abroad;

with factual and legal complexity, etc. What does this mean? Such cases may be for a serious intentional crime where there is not enough evidence or witnesses, or vice versa - there is too much and the disclosure of the perpetrator is more difficult. Most often, this case is also characterized by an increased public interest.

How does pre-trial proceedings begin and what are the powers of investigative bodies?

Pre-trial proceedings are initiated by an order of the prosecutor or the drawing up of the record of the first investigative action. What does this mean? The first investigative action will be, for example, if I have been searched or been questioned about a crime for which there is evidence that I have committed, if their immediate act is the only opportunity to collect and retain evidence. Once such an act has been drawn up, my attraction is forthcoming as an accused.

 

NB! It is important to know that the investigating authorities have no right to detain me without any justification, and yet if I happen to have the right to defend myself. Moreover, they have no right to apply force without any justification for this (and such will be the case, for example, if I resist or threaten someone's life).