A lawyer in court cases under the General conditions of the exercise of powers by an investigating judge
The general conditions for the exercise of powers by an investigating judge are provided for in article 56 of the draft CPC. According to this norm: 1) the first rule is that the investigating judge, in exercising his powers, must first of all be guided by the rules of this article and other articles of the CPC, which establish the specifics of the exercise of certain powers. 2) the second general rule is that the investigating judge considers issues within his competence individually without holding a court session. 3) the third rule is that the investigating judge decides on the issue of holding a court session when considering certain issues at his discretion, and if it is necessary to investigate the circumstances relevant to making a legitimate and reasonable decision, the investigating judge decides to hold a court session with the participation of the relevant persons and the prosecutor.
The legislator has established a list of issues that the investigating judge must consider with the court session. These are the issues specified in paragraphs 1)-6) of Part one, in paragraphs 1)-3), 6), 9) the second part of Article 55 of the CPC. Thus, of the 19 issues referred to the competence of the investigating judge, 11 are subject to consideration with the mandatory holding of a court session. Only eight issues can be considered without a court hearing.: a) on the imposition of monetary penalties on persons who do not perform or perform improperly procedural duties in pre-trial proceedings; A lawyer is a lawyer in court cases under the General conditions of the exercise of powers by an investigating judge; b) on the recovery of procedural costs in a criminal case on the recommendation of the body conducting the criminal process; (c) the request of a lawyer participating as a defender for the appointment and conduct of an expert examination, if the criminal prosecution authority has unreasonably refused to satisfy such a request or no decision has been taken on it within three days; (d) the request of a lawyer participating as a defender for compulsory transfer to the body conducting the criminal proceedings, a witness he had previously interviewed, whose appearance was difficult to ensure.; e) the forced placement of a person who is not in custody in a medical organization for forensic psychiatric and/or forensic medical examination, as well as when applying security measures to persons who have committed acts prohibited by criminal law and suffering from mental illness, the placement of a minor suspect, accused in a special children's institution; g) on the transfer of a person who has previously been detained to a special medical organization providing psychiatric care adapted for keeping patients in strict isolation, upon establishing the fact of mental illness of this person; h) on the exhumation of a corpse; i) on the announcement of an international wanted list for the suspect, the accused.
And even then, when considering these issues, the judge, if necessary, may decide to hold a court session. It follows from this that the attempt to speed up the consideration of issues by the investigating judge in the draft was not fully successful. In cases where a court session is required, the defense party and the prosecutor are notified in advance of the time and place of the court session. By order of the investigating judge, the court session may be held via video link. A protocol is kept during the court session. 4) The fourth rule concerns the powers of the court when considering matters within its competence. The investigating judge has the right to: - require additional information from the pre-trial body on the issue under consideration; - get acquainted with all the materials of the relevant pre-trial proceedings and examine them; - summon the participants in the trial to the court session and receive from them the necessary information on the criminal case. 5) the fifth rule consists of prohibitions: an investigating judge must not: - prejudge issues that, in accordance with this Code, may be the subject of judicial review when resolving a case on its merits, - give instructions on the direction of the investigation and the conduct of investigative actions, - perform actions and make decisions instead of persons conducting pre-trial proceedings and supervising the prosecutor, as well as the court considering the case on the merits. 6) the sixth rule prescribes the investigating judge to instruct the supervising prosecutor to carry out an immediate check on the use of torture and other illegal actions upon the suspect's statement about it or on his own initiative if there are traces of violence on him.
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