Reference:
Sementsov, V.A..
Investigative activities according to the Charter
of Criminal Judicial Proceedings
// Actual problems of Russian law. – 2014. – ¹ 4.
– P. 679-685.
Read the article
Abstract: The article analyzes the system of investigative activities according to the Charter of Criminal Judicial
Proceedings of 1864, reflecting the typical procedures of preliminary investigation in a criminal case of that
time. It is pointed out that examination and certification were regarded as two types of the same activity (one
simple, one complicated), while it was possible to implement them separately, while the procedures of search
and seizure also showed dual understanding of their nature: as a single investigative activity, and as two independent
activities. There were provisions for two types of interrogation: of an accused and of a witness, and
the face-to-face interrogation was only possible with two witnesses, who previously interrogated separately.
In addition to the types of investigative activities the Charter mentioned the groups, having their own titles:
primary, secondary, immediate. Based upon the studies of the system of investigative activities according to
the Charter of Criminal Judicial Proceedings the author used the methods of analysis, synthesis, as well as
historical, logical and comparative methods. The article substantiates that solution of the modern problems
in the sphere of regulation of investigative activities is possible with the use of progressive achievements of
science and fundamental developments of the merited pre-Revolution scholars specializing in procedural law.
It is noted that according to the Charter of Criminal Judicial Proceedings of 1864 in the course of preliminary
investigation the following investigative activities took place: examination, certification, search, seizure, interrogation
of an accused, a witness, some rules may still be relevant nowadays. It is noted that the term “expertise”
is absent in the text of the Charter, since this type of activity was regarded as a type of examination
or certification. The author offers to regard judicial expertise as an investigative activity, as opposed to the
positions of some authors providing that expertise is a procedural activity, rather than an investigative one.
Keywords: the Charter, investigative, examination, certification, interrogation, search, seizure, expertise, evidence, secondary.
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