Institute of Expedited Pre-Trial Investigation: National and International Experience
Abstract
The article examines the institute of expedited pre-trial investigation in the criminal proceedings of Kazakhstan. This institute has been recently introduced into the Kazakh criminal procedure legislation, although it has been known and applied in the international practice for many years. The introduction of this institute into criminal proceedings was due to the legislator's striving to minimize the time needed to investigate some criminal cases, achieve procedural economy and reduce procedural costs. However, not all scholars and law enforcers support such optimization of criminal proceedings, some of them criticize this institute and believe that it gravely violates the individual's rights. In addition, the use of this procedure for investigating criminal cases raises many questions, which the existing regulation cannot answer. Thus, it is relevant to analyze expedited pre-trial investigation.
The article aims to study the expedited pre-trial investigation of criminal cases in Kazakhstan and the international application of this institute, as well as to draw conclusions and offer suggestions for improving the existing regulatory and procedural practice. The authors of the article consider the procedural peculiarities of expedited investigation and the subsequent resolutions made by authorized persons, as well as note advantages and disadvantages of the institute under study and gaps in the existing legal regulation. The article examines the differentiation of preliminary investigation forms as a global trend and demonstrates the continuity of international experience while introducing expedited investigation into the criminal process. The authors suggest several improvements to the current criminal procedure legislation of Kazakhstan, which decreases legal uncertainty during the application of expedited pre-trial investigation
References
[2] Akhpanov, A.N., Tukiev, A.S., and Kaziev, Z.G. n.d. Ugolovnoe dosudebnoe proizvodstvo v RK: trend institutsionalnykh preobrazovanii [Criminal pre-trial investigation in Kazakhstan: the tendency for reforming the existing institutes]. Available at: https://www.zakon.kz/4863385-ugolovnoe-dosudebnoe-proizvodstvo-v-rk.html.
[3] Artamonov, V.E. 2017. Nekotorye osobennosti uproshchennogo predvaritelnogo rassledovaniya prestuplenii gosudarstv byvshego SSSR [Some peculiarities of simplified pre-trial investigation of crimes in former Soviet republics]. In collection: Innovatsionnoe razvitie sovremennoi nauki: problemy, zakonomernosti, perspektivy. Proceedings of the 5th International scientific conference: in three parts, 116-119.
[4] Ayupova, Z.K., and Seralieva, A.M. 2015. Novyi Ugolovno-protsessualnyi kodeks Respubliki Kazakhstan i problemy osushchestvleniya protsessualnoi ekonomii, effektivnosti i ratsionalnosti [The new Criminal Procedure Code of Kazakhstan and problems of achieving procedural economy, efficiency and rationality]. Kriminologicheskii zhurnal Baikalskogo gosudarstvennogo universiteta ekonomiki i prava, 9(1): 144-153.
[5] Bala, N., and Anand, S. 2012. Preliminary Inquiry. Irwin Law Inc., 758.
[6] Couhlan, S. 2016. Criminal Procedure. Irwin Law Inc., 266.
[7] Dudorov, T.D. 2016. Sravnitelnyi analiz dosudebnogo proizvodstva po ugolovnym delam v stranakh Evropy [The comparative analysis of pre-trial criminal proceedings in European countries]. Tsentralnyi nauchnyi vestnik, 1(15S): 18-20.
[8] Efendiev, I.O. 2017. Reformirovanie instituta uskorennogo proizvodstva v ugolovnom protsesse Respubliki Kazakhstan [Reforming the institute of expedited criminal proceedings in Kazakhstan]. In collection: Organizatsionnoe, protsessualnoe i kriminalisticheskoe obespechenie ugolovnogo proizvodstva. Proceedings of the 6th International scientific conference of Bachelor's and Master's degree students, 133-135.
[9] Efremenko, D.O., and Chaplygina, V.N. 2015. Sokrashchennaya forma rassledovaniya - ‘naryv’ sovremennogo dosudebnogo proizvodstva Rossii [Expedited investigation – the ‘abscess’ of the current pre-trial procedure in Russia]. Nauka i praktika, 1(62): 151-153.
[10] Kenenbaev, E.A. 2015. Ot uproshchennogo dosudebnogo proizvodstva k uskorennomu dosudebnomu rassledovaniyu po UPK Respubliki Kazakhstan [From simplified pre-trial proceedings to expedited pre-trial investigation in conformity with the Criminal Procedure Code of Kazakhstan]. Kriminalist, 2: 70-73.
[11] Kenenbaev, E.A. 2016. Uskorennoe dosudebnoe rassledovanie po ugolovnym delam v Respublike Kazakhstan [Expedited pre-trial investigation of criminal cases in Kazakhstan]. Probely v rossiiskom zakonodatelstve, 4: 220-223.
[12] Khan, A.L., Dzhumabekova, A.Zh., and Bindyukova, T.S. 2015. O protsedurakh uskorennogo dosudebnogo rassledovaniya ugolovnykh del v Respublike Kazakhstan [Procedures of the expedited pre-trial investigation of criminal cases in Kazakhstan]. Vestnik Barnaulskogo yuridicheskogo instituta MVD Rossii, 1(28): 95-97.
[13] Pen, S.G. 2015. Soglashenie o sotrudnichestve – vazhnaya novella [Immunity agreement is a crucial story]. Proceedings of the international round-table discussion ‘Modern problems of criminal science’, 51-53.
[14] Peter, J.P. 1999. Gollandskaya sistema ugolovnoi yustitsii. Organizatsiya i deyatelnost [The Dutch criminal justice system: organization and operation]. WODC.
[15] Recommendation No. 6 R(87) 18 of the Committee of Ministers of the Council of Europe ‘Concerning the Simplification of Criminal Justice’. Adopted by the Committee of Ministers of the Council of Europe of September 17, 1987. The collection of documents issued by the Council of Europe in the field of human rights protection and fight against crime. 1998. Moscow, 116-122.
[16] Roach, K. 2018. Criminal Law. 7/e Irwin Law Inc., 656.
*** The Convention for the Protection of Human Rights and Fundamental Freedoms (adopted in Rome as of November 4, 1950, amended as of May 13, 2004). 2001. Sobranie zakonodatelstva RF, 2. Article 163.
*** The Criminal Procedure Code of Kazakhstan of July 4, 2014 No. 231-V (as amended of April 1, 2019). Available at: https://online.zakon.kz/Document/?doc_id=31575852
*** The French Code of Criminal Procedure of 1958 (as amended of August 1, 1995). (V.I. Kaminskaya (eds.), S.V. Bobotov (trans.). 1997. Moscow: Progress.
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.