Some aspects of the initiation of investigation and prosecution of criminal acts committed by particular state officials

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Date
2019
Journal Title
Journal ISSN
Volume Title
Publisher
Intellectual
Abstract
The investigation of crimes committed by officials and the criminal prosecution of these individuals are characterized by certain peculiarities. In this regard, the process related to the initiation of criminal prosecution and its implementation is particularly interesting. These individuals enjoy immunity, which may prevent them from being prosecuted. Accordingly, it’s limited the officials ability to participate in the investigation, which creates ground for them to be involved in criminal proceedings in different illegal ways. To avoid this, it would be better to introduce the institution of "assisted witness" in the Georgian procedural space.
The investigation of crimes committed by officials and the criminal prosecution of these individuals are characterized by certain peculiarities. In this regard, the process related to the initiation of criminal prosecution and its implementation is particularly interesting. These individuals enjoy immunity, which may prevent them from being prosecuted. Accordingly, it’s limited the officials ability to participate in the investigation, which creates ground for them to be involved in criminal proceedings in different illegal ways. To avoid this, it would be better to introduce the institution of "assisted witness" in the Georgian procedural space.
Description
The investigation of crimes committed by officials and the criminal prosecution of these individuals are characterized by certain peculiarities. In this regard, the process related to the initiation of criminal prosecution and its implementation is particularly interesting. These individuals enjoy immunity, which may prevent them from being prosecuted. Accordingly, it’s limited the officials ability to participate in the investigation, which creates ground for them to be involved in criminal proceedings in different illegal ways. To avoid this, it would be better to introduce the institution of "assisted witness" in the Georgian procedural space.
The investigation of crimes committed by officials and the criminal prosecution of these individuals are characterized by certain peculiarities. In this regard, the process related to the initiation of criminal prosecution and its implementation is particularly interesting. These individuals enjoy immunity, which may prevent them from being prosecuted. Accordingly, it’s limited the officials ability to participate in the investigation, which creates ground for them to be involved in criminal proceedings in different illegal ways. To avoid this, it would be better to introduce the institution of "assisted witness" in the Georgian procedural space.
Keywords
Investigation, Prosecution of criminal, Investigation, Prosecution of criminal
Citation
1. Criminal Procedure Code of Georgia, Tbilisi, October 9, 2009; 2. Law of Georgia "On Conflict of Interest and Corruption in Public Service", Tbilisi, October 17, 1997; 3. Ringler S. M., Criminal prosecution and investigation of state officials, translation: Todua I., http://www.parliament.ge/files/legal_issues/publications/saxelmcifo_tanamdeboba.pdf, last accessed on 10.04.2019; 4. Gutsenko K. F., Golovko L. V., Filimonov B. A., Criminal Law Process of the Western States, translation from Russian, scientific ed.: Gogshelidze R., Tbilisi, 2007; 5. Encyclopedic dictionary http://www.nplg.gov.ge/gwdict/index.php?a=term&d=5&t=3657, last accessed on 10.04.2019; 6. Civil education dictionary, http://www.nplg.gov.ge/gwdict/index.php?a=term&d=6&t=4404, last accessed on 08.04.2019; 7. Galiullin Sh.R., Judicial control over legality and substantiation of criminal prosecution, implemented in relation to special subjects of criminal justice in Russia, Thesis for the degree of candidate of legal sciences, Moscow, 2008; 8. Code de procédure pénale, (French), 51st edition, Paris, 2010; 9. Larguier J., Procédure pénale, 18th edition, Paris, 2001.
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