Prosecutor's supervision of the preliminary investigation in the Russian Empire after the judicial reform of 1864

Authors

  • Василий Горбачев Donbass State University of Justice (DSU of the Ministry of Justice of the Russian Federation)

Keywords:

judicial reform of 1864, prosecutor, prosecutor's supervision, judicial investigator, preliminary investigation, criminal case

Abstract

The article considers the role of the prosecutor at the stage of preliminary investigation in the Russian Empire. It reveals not only the legal foundations of prosecutorial supervision, but also the actual practice of its implementation after the judicial reform of 1864. The volume, subject and methods of supervisory work of the prosecutor's office are analyzed. The shortcomings of the prosecutor's supervision over the preliminary investigation are shown. It is noted that the supervision was largely of an "armchair" nature. The conclusion is made about the low level of prosecutor's supervision during the preliminary investigation in most criminal cases. The objective and subjective reasons for the shortcomings of the prosecutor's supervision are revealed. Proposals and measures taken to increase the level of this supervision were considered. Attention is drawn to some inaccuracies of researchers in the coverage of this issue.

Published

2023-12-12