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Law And Amendments

Law And Amendments

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My boss is right because instances of negligence is very important. When conducting inspections, negligence was noted in the registration, registration, storage, execution of materials containing applications for initiating private prosecution cases received from the police. The attention of justices of the peace should be drawn to the absence of grounds for suspending a criminal case in view of the appointment of an examination. In this regard, the practice of establishing in the judge’s decree on the appointment of an expert study of the time period for its conduct deserves attention. In order to exclude the return of documents without execution, preliminary approval of the volume of documents required by the expert is recommended. Since conducting research by competent specialists, as a rule, significantly increases the time it takes to find cases in production, their appointment should be approached very carefully, each time evaluating whether it is possible to prove certain circumstances without conducting an examination. In Herring case, the Court settled certiorari to understand the claim of the exclusionary rule to a Fourth Amendment violation consequential from negligent police record-keeping.

Due to the specifics of the procedural conditions of proof judicial investigations, the actions of the court to study evidence have a certain difference from the investigative actions carried out during the preliminary investigation of crimes. CPC allows us to conclude that the legislator does not prohibit the court from carrying out any investigative actions prescribed by law. However, “Judicial Investigation” directly indicates the possibility of a court conducting only such investigative actions as interrogation of the defendant, victim, witnesses, experts, appointment of forensic examinations, examination of material evidence, examination of the area and premises, investigative experiment, presentation for identification, examination. In the absence of a direct legislative prohibition, it is still very difficult for the court to carry out such actions as a search, seizure. The production of confrontation in court appears as part of the interrogation of individuals by participants in the process and the court.

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