Constant attention to the quality of the investigation

A meeting of the collegium was held at the Vitebsk Regional Prosecutor's Office to discuss the results of an inspection of the effectiveness of the organization of procedural control over the investigation of criminal cases and the review of materials on applications and reports of crimes by the departments of the Investigative Committee of the Republic of Belarus for the Vitebsk region.

The results of the inspection indicate that procedural control is not properly organized in all investigative departments, as supervisory prosecutors constantly identify violations of the criminal procedure law, which are grounds for overturning illegal decisions to refuse to initiate a criminal case, to suspend and terminate investigations, and to return criminal cases for additional preliminary investigation.

Isolated cases have been identified where heads of investigative departments have approved decisions to refuse to initiate a criminal case, and after a long time, have themselves overturned them due to incomplete investigation (Lepel, Senno, Vitebsk, Glubokoe, Chashniki District Departments of the Investigative Committee).

It was noted that supervisory prosecutors overturned 1.5 times more illegal decisions by investigators to refuse to initiate a criminal case (137) compared to heads of district departments of the Investigative Committee (83), which also indicates the low quality of their review of investigation materials.

Not all heads of investigative departments ensure a proper level of procedural control over the investigation of criminal cases, including when extending investigation periods.

The study of criminal cases by prosecutors shows that investigative and procedural actions are often carried out by investigators unsystematically, untimely, and when there are written instructions from the heads of district departments of the Investigative Committee, their proper execution is not controlled, and cases of untimely acceptance of criminal cases for investigation by investigators are allowed (Polotsk, Glubokoe, Orsha, Shumilino, Postavy, Verkhnedvinsk, Senno, Miory, Dokshitsy District Departments of the Investigative Committee, Vitebsk City Department of the Investigative Committee).

Regarding the low quality of procedural control

indicates a significant number of unlawful decisions by investigators to suspend preliminary investigation (161) and terminate preliminary investigation (58) that were overturned by prosecutors.

It should be noted that in the current year, the region's courts have considered a number of criminal cases with convictions, in which unlawful decisions by investigators to terminate preliminary investigation had previously been overturned by prosecutors (Vitebsk, Senno, Orsha District Departments of the Investigative Committee).

However, not all prosecutors react fundamentally to the identified violations of the law that hinder the submission of criminal cases to court.

Based on the results of the discussion, the collegium adopted a decision aimed at improving the quality and effectiveness of prosecutorial supervision over the implementation of legislation by preliminary investigation bodies.

A representation was made to the Head of the Investigative Committee of the Republic of Belarus for the Vitebsk Region, drawing attention to the need to eliminate formalism in the consideration of prosecutorial supervision acts regarding investigators' violations of legislative requirements, and also initiated the issue of bringing to justice the heads of investigative units who failed to ensure proper procedural control over the legality of investigators' actions.

Senior Prosecutor of the Organizational and Control Department of the Regional Prosecutor's Office Vitaly Zhurba

Senior Prosecutor of the Regional Prosecutor's Office Department for Supervision of Legislation Enforcement by the Investigative Committee for the Vitebsk Region A.M. Sashcheko