Dispute between investigator and prosecutor is unacceptable in court

At the preliminary investigation stage a restraint can be used in order to prevent and stop any evasion investigation, further criminal activity, obstruction of criminal proceedings as well as to ensure execution of sentence to the accused (the suspect). The most stringent restraint provided by criminal procedure legislation is placement in detention which is used by judicial decision. When choosing this restraint, some problems can arise because of gaps in legislative regulation. It is necessary to pay attention to the fact that the prosecutor is suspended from investigator’s presenting an application about detention to the court. Participating in trial, the prosecutor must substantiate the investigator’s application though he doesn’t take part in its preparation and becomes familiar with the application shortly before trial. Experts and scientists propose different solutions to the problem. The range of solutions is wide. One of the proposals is to grant the prosecutor the authority to agree with the investigator upon the application about detention. Other proposals prove uselessness of the prosecutor’s participation in trial when considering the application about detention. Basing on the analysis of opinions and legal precedents, some proposals focusing on optimizing the procedures for placement in detention as a restraint are formulated. Amendments to article 108 of the Criminal Procedure Code of the RF are proposed. Substantiated by criminal case files they will form a unified position in prosecution during trial, when deciding on a restraint in the form of detention against the accused (the suspect).