Judicial control of criminal prosecution in the second degree of jurisdiction – controversies and regulatory opportunities

Abstract

The authors operate theoretical interpretations of the rules of procedure applied by the investigating judges, as well as by the courts that exercise judicial control of the criminal investigation in the second degree of jurisdiction. The judicial control of the prejudicial procedure is carried out not only by the investigating judge, but also by the judges of the specialized panels of the appeal courts, who examine the appeals filed against the decisions of the investigating judges in the cases provided for by law. It was equally sought to ensure the balance between the general public interest of effective investigation of crimes, on the one hand, and on the other hand, the respect of the fundamental rights and freedoms of all persons, who were willingly/nolently brought into the sphere of criminal justice. It is opted for the revision of the procedure of judicial control of the criminal prosecution primarily through legislation. In this sense, it is proposed that a separate article regulates the written rule procedure for examining the appeal on all conclusions pronounced by the investigating judge during the investigation, apart from those expressly indicated in art. 311 CPC.