What should be the protocol for the first investigative action?
date and place of issue;
the authority issuing it;
my three names and the act to which I am attracted;
the evidence on which the recruitment is based if this does not hamper the investigation;
the detention order (warranty, subscription, detention), if any;
my rights of defense, including my right to refuse to give explanations, and my right to have a defense.
What does my right of defense include? As an accused, I have the right to learn about what crime I am attracted to and on what evidence; to give or refuse to give explanations on the charge; to familiarize myself with the case, including information obtained through the use of special intelligence tools, to make the necessary extracts; to present evidence; to make requests, remarks and objections; to say last; appeal against acts that violate my rights and legitimate interests and have a legal counsel. As an accused, I have the right to have my defense counsel involved in the conduct of the investigation, and unless I have explicitly surrendered from this right.
What does it mean to attract an accused and bring the decree?
When there is sufficient evidence of my guiltyness in committing a crime of a general nature and there are no grounds for terminating the criminal proceedings (eg the perpetrator has died or the act does not constitute a crime), the investigative body reports to the prosecutor and I am charged as an accused with drafting the relevant act (protocol or decree). The investigative body is making the decision to attract me and my protege against a signature by giving us the opportunity to get to know its full content and, if necessary, to give us further clarification. The investigative body can not carry out the investigations with my involvement until it has fulfilled its duty to draft the protocol.
What will happen if I am called and I do not appear?
I have to appear (unless I have good reasons not to do it, such as if I am seriously ill and have no physical opportunity to appear) if I am regularly summoned, that is, if I have been summoned in good order. If I do not appear, I will be forced, ie. I will be accompanied by law enforcement to appear.
What's next?
Upon bringing the injunction to the accused, the Pre-trial Prosecutor proceeds immediately to my interrogation. Then, if he finds that all the investigative actions necessary to reveal the objective truth have been carried out, the investigative body shall report the case to the prosecutor. Then the investigative body brings me the investigation. This means that the investigative body provides me with all the research material for it. The investigative body shall set a time limit for acquaintance with the materials, and I shall be entitled to requests, remarks and objections on them. Upon completion of the investigation, the investigative body shall immediately send a written opinion to the prosecutor's case. After receiving the case, the prosecutor has several options. He can:
to terminate the case (eg if he finds that the prosecution has not been proven);
to stop criminal proceedings (eg when the perpetrator of the offense is not disclosed and if a single eyewitness is unable to be questioned);
to submit a proposal for exemption from criminal liability by imposing an administrative penalty;
to submit a proposal for a settlement of the case;
to prosecute an indictment. The prosecutor drafts an indictment when he is convinced that the necessary evidence has been gathered to reveal the truth and to bring charges to the court. I have to know that the indictment brings about the prosecution of a criminal offense of a general nature.