Powers of Prosecutor and assistant Prosecutor

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2018-03-23 07:54:09

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According to the legislation of powers of attorney are the implementation of supervision of observance of laws. Prosecutorial powers are divided into 3 groups:

- prevention of violations;

- identification of violations;

- elimination of violations.

The Prosecutor there should be no obstacles to the exercise of Supervisory powers, which is his professional duty. He has a right of free entry into the territory of regulated bodies at the right time, regardless of access mode. For this purpose it is enough to show his business card.

Powers of attorney give the right to request any documents that are required in order to prevent violations of the law. Not allowed refusal of the Prosecutor even those documents that contain trade secrets. In the Prosecutor's obligation includes compliance with the rules of confidentiality stipulated by law when dealing with sensitive documents.

Powers of attorney allow him to challenge legal acts not corresponding to the law, which he is obliged to go to court to declare them invalid. When establishing the violation of law by officials of the Prosecutor may release the illegally detained if their detention took place on the basis of decisions made not by the court.

The Prosecutor is a party to the criminal process. Powers of Prosecutor in criminal proceedings are different at different stages.

At the stage of preliminary investigation and criminal proceedings powers of attorney the most extensive and are in the nature of authority-administrative. The Prosecutor oversees the authorities engaged in preliminary investigation, inquisitive and investigative work. His duty is to enforce the laws on the part of these bodies.

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The powers of the Prosecutor at the pretrial stage can be divided into four groups.

The Prosecutor consents to the initiation of the application by the investigator about the election, change, or cancel a preventive measure (house arrest, detention, suspension, record of negotiations, seizure of property, search home, personal search).

It gives written instructions and sanctions for the production of actions of organs of inquiry and preliminary investigation involved in the investigation, extends the preliminary investigation, resolve other issues arising in the course of the investigation.

Permits for withdrawal and the objections of investigators, interrogating officers, of inferior prosecutors. Removes the of investigators and investigators from the investigation, withdraws a criminal case from the investigator and reports to the investigator, transfers the case from one authority to another with substantiation of such changes.

Approves the indictment and sends the case to the court, returns the case to the investigator or the inquirer for dorassledovaniya, suspend and terminate criminal proceedings.

During the stage of trial, the Prosecutor had other powers. He is a public Prosecutor or official who is entrusted with the role to eliminate violations of the law.

The Prosecutor's office provided for the position of senior assistant Prosecutor and assistant Prosecutor, who are subordinate to the Deputy prosecutors. The assistant is an independent person who can influence the actions as part of the process. He is preparing procedural acts for the signature of the Prosecutor. Powers assistant attorney allow him to independently undertake a number of procedural actions, for example, to give the investigator supervised agencies written guidance on issues of investigation. The duties of the assistant do not include actions for the execution of which is authorized only by the Prosecutor and the Deputy, for example, authorizing a search, seizure of documents, detention, placement in a psychiatric hospital and more.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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