TERMS OF PRE-TRIAL INVESTIGATION OF CRIMINAL OFFENSES

Abstract

Abstract. The article establishes that a pre-trial investigation of criminal misdemeanors should be conducted within the time limits established by Article 219 of the CPC of Ukraine, with due regard for the specifics provided for in Chapter 25 of the CPC of Ukraine. The author has studied that Part 2 of Article 219 of the CPC of Ukraine that provided the general terms of pre-trial investigation of crimes, but such terms are not provided for criminal misdemeanors. At the same time, the author notes that there are decisions of the Supreme Court in which the court concluded that criminal misdemeanors are less socially dangerous acts compared to non-serious crimes, and therefore the term of their pre-trial investigation may not exceed the term established for the investigation of non-serious crimes. Given such a general principle of criminal proceedings as the reasonableness of terms, the classification of criminal offenses provided for in Article 12 of the Criminal Code of Ukraine, and the complexity of their investigation, the article analyzes the possibility of establishing a twelve-month pre-trial investigation period for criminal misdemeanors, as well as for non-serious crimes. The author focuses on the procedure for extending the pre-trial investigation of criminal misdemeanors. In particular, the author analyzes the need to provide for the possibility of extending the term of pre-trial investigation of a criminal offense in the CPC of Ukraine, until the person is notified of suspicion, if it cannot be completed within twelve months. It is noted that it is necessary to amend part 1 of Article 298-5 of the CPC of Ukraine, harmonizing it with the provisions of paragraph 1 of part 4 of Article 219 of the CPC of Ukraine. In particular, the terms, grounds and procedure for extending the inquiry period were clarified. The author expressed his own view on the possibility of extending the inquiry period up to two months from the date of notification of a person of suspicion of committing a criminal offense.