Fast production (ligitation) in the criminal process some Еuropean states

Authors

  • O.H. Smailov
  • S.Sh. Abdeldinov

DOI:

https://doi.org/10.26577/JAPJ.2019.v92.i4.013
        39 40

Abstract

Abstract. The article analyzes the legislative provisions and the practice of the functioning of the
institution of pre-trial investigation of individual European states and the Republic of Kazakhstan under
the new Code of Criminal Procedure of the Republic of Kazakhstan in 2014. The main and additional
signs of accelerated production are highlighted. Conclusions are drawn regarding the dominance of
the organizational nature of the delimitation of inquiry on cases in which the preliminary investigation
is not necessarily from the preliminary investigation itself. Subject of research are theoretical and
organizational areas. The development of differentiation of forms of criminal proceedings in the direction
of simplification. Scientific novelty lies in the justification of further improvement of the national
criminal procedure legislation in the direction of strengthening procedural guarantees against unreasonable
charges and convictions, illegal restrictions on the rights and freedoms of man and citizen, as
well as ensuring a fair trial, strengthening the rule of law and forming a respectful attitudes to law, as
exemplified by the experience of European states. When conducting the study, the author was based
on the provisions of the Constitution of the Republic of Kazakhstan, Code of Criminal Procedure of the
Republic of Kazakhstan.
Key words: criminal procedure legislation, simplified production, pre-judicial investigation, preliminary
investigation, criminal legal proceedings.

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Published

2020-01-27