INVESTIGATION OF CRIMINAL MISDEMEANORS: PROBLEM ISSUES

Abstract

The article notes that the introduction of the institute of criminal misdemeanors and the regulatory definition of the features of their pre-trial investigation had as its main goal the simplification of criminal proceedings for minor criminal offenses. Such criminal offenses are called criminal misdemeanors. They are characterized by the infliction of minor damage and the obviousness of the offense. During the investigation, these circumstances caused the perpetrator to admit his guilt, show sincere remorse and a tendency to reconcile with the victim. In this connection, there was no need to carry out a number of procedural procedures. Therefore, it was planned to free investigators from routine work on minor criminal offenses and focus their attention mainly on the investigation of serious and especially serious crimes. It was planned to significantly shorten the time frame for the investigation of criminal misdemeanors, to avoid lengthy police and court procedures. This has become especially relevant in the conditions of martial law, mass movement and temporary resettlement of people on the territory of Ukraine. But the analysis of the practice of applying certain provisions of the criminal procedural legislation regarding the investigation of criminal misdemeanors showed their imperfection. The desired simplification of the pre-trial investigation of criminal misdemeanors cannot be achieved. Pretrial investigation of criminal misdemeanors in the form of inquiry remains very similar to the investigation of minor crimes. In addition, police officers make a number of mistakes due to the vague wording of certain provisions of the criminal procedural legislation. The article analyzes the provisions on conducting procedural actions in a simplified form before entering information about a criminal offense into the Unified Register of Pretrial Investigations. Arguments are given regarding the need to increase the time for their conduct, during which the inquiry body can conduct them and obtain evidence. The evidence obtained in this way can also be used in criminal proceedings regarding crimes. It is also proposed to clarify the provisions regarding the terms of detention of a suspect in the commission of a criminal misdemeanor. The conclusion is argued that the pre-trial investigation of criminal misdemeanors should be more similar not to the investigation of minor crimes, but to administrative proceedings with compliance with certain requirements of the criminal process.