The issue of classification of participants in criminal proceedings and authorized to support an indictment in court

2020;
: 266-271

Soroka S., Kantsir V., Kryzhanovskyi A. "The issue of classification of participants in criminal proceedings and authorized to support an indictment in court"
http://science.lpnu.ua/law/all-volumes-and-issues/volume-7-number-428-20...

1
Lviv Polytechnic National University, Educatinoal and Rasearch Institute of Law, Psychology and Innovative Education
2
Lviv Polytechnic National University, Educatinoal and Rasearch Institute of Law, Psychology and Innovative Education
3
Lviv Polytechnic National University, Educatinoal and Rasearch Institute of Law, Psychology and Innovative Education

The issues of participants in criminal proceedings, authorized support of the prosecution in court are defined. СPC of Ukraine to the party of criminal proceedings - from the prosecution included the investigator, the interrogating officer, the head of the pre-trial investigation body, the head of the body of inquiry, the prosecutor, as well as the victim, his representative and a legal representative in cases established by CPC of Ukraine is analyzed. All participants in the criminal proceedings with the prosecution form and maintain the charges during the pre-trial investigation, which ends with indictment in which the prosecutor brings charges of committing a criminal offense. The prosecutor is a participant in criminal proceedings activities to which the law "On the Prosecutor's Office" and the CPC of Ukraine impose certain requirements, he is endowed with certain powers and one of the main is to support the prosecution in court. In addition, the victim has the right to support the prosecution in court. The victim acquires this right in accordance with the case when the prosecutor has come to the conviction that the prosecution needs change. If the indictment with the amended charge raises the question of application of the law of Ukraine on criminal liability, which provides responsibility for less serious criminal offense, or reduction of the amount of the charge, the presiding judge is obliged to explain to the victim his right to maintain the charge of previously presented extend, as well as in case of the refusal of the prosecutor to maintain the state charges in court, the presiding judge explains to the victim his right to maintain the charge in court. An individual is recognized as a victim of criminal proceedings to whom with criminal offense moral, physical or property damage were caused, and it can be any person, in most cases he is not a specialist in law. Therefore, CPC of Ukraine also provides that the victim in criminal proceedings may be represented by a representative - a person, who has the right to be a defender in criminal proceedings. Thus from the prosecution party to criminal proceedings party, the legislator considered the investigator, the inquiry officer,the head of the pre-trial investigation, the head of the body of inquiry, prosecutor, as well as the victim, his representative and a legal representative in cases that established by CPC of Ukraine, which form and support accusations during the pre-trial investigation, however, only the prosecutor, the victim, the representative of the victim have the right to support in court as defined by law.

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