Limits of Judicial Control at the Pre-trial Stages of the Criminal Process

Abstract

The article examines the issues of the limits of judicial control in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation at the pre-trial stages of criminal proceedings. The author concludes that the court, verifying the legality and validity of the actions (inaction) and decisions of the investigation body in accordance with Art. 125 of the Code of Criminal Procedure, has no right to invade the investigation process and establish the factual circumstances of the case by these bodies and assess the validity of the internal conviction of officials of these bodies, monitor the correctness of their application of criminal and criminal procedure laws.

Otherwise, the court would invade the competence of the investigator, interrogator, prosecutor, limiting their procedural independence in the commission of procedural actions and decision-making and would prejudge issues that may later become the subject of legal proceedings.