Information highlights on some legal professions in the

RUSSAIN FEDERATION

Investigator

1. "Any person accused of committing a crime shall be considered inno­cent until his (her) guilt is proven in accordance with the procedure stipulat­ed by federal law and is confirmed by a court sentence which has entered into legal force." (Article 49 of the Constitution of the Russian Federation)

2. The investigator and the court base their conclusions concerning the guilt of the accused upon the verification and assessment of the evidence. Evidence in a criminal case is facts, on the basis of which the investigating authorities and the court establish, in accordance with the law, the existence or absence of a socially dangerous act, the guilt of the person committing the act, and other circumstances of importance in making a correct decision in the case.

3. The investigator, the militia, the prosecutor and the court establish the facts in the case from the testimony of witnesses, the injured parties, sus­pects, accused, the opinions of experts, exhibits, the records of the investi­gation and court proceedings, and other documents.

4. The investigator, having received information that a crime has been committed, inquires as to the persons who may be of help to him in establish­ing the circumstances of the case, and summons them as witnesses. To obtain exhibits the investigator inspects the scene of the crime and makes searches and seizures. He requests written documents from state establishments and persons in office.

5. For the evidence collected by the investigator to be valid in court it must be presented in the form of records of the interrogation, search inspec­tion, etc. The law requires all documents of investigation to be signed by witnesses, the investigator, and other participants in the cases, and to be without erasures, alterations, etc.

6. The collection of evidence before the trial is performed in the prelimi­nary investigation. In more complicated cases the investigation is carried out by investigators, and otherwise by the militia. To obtain evidence, the inves­tigator takes steps to find eye-witnesses of the crime, to obtain exhibits, etc.

7. The testimony of witnesses is a type of evidence. A witness is a person who is aware of facts relevant to a criminal case.

Upon receiving the summons,- a witness must appear before the investi­gator or in court. If he fails to appear without good reason, he may be forced to by the militia and is criminally responsible for failure to appear. It is the duty of a witness to give all information at his disposal concerning the case and the accused.

8 The indictment is the culminating stage of the investigation in which the investigator sets forth the particulars of the crime and the evidence col­lected in the case and specifies the article of the criminal code covering the acts of the accused.

Prosecutor

Supervision on observing the laws is carried out by the office of the Prosecutor General of the Russian Federation. It forms a single centralized hierarchical system in which public prosecutors obey to the higher ones and to the Prosecutor General of Russia. The General Prose­cutor of Russia is appointed and dismissed by the Federation Council upon a proposal of the President.

The Prosecutor's office is the state body that is established to exercise supervisory power over the strict observance and application of law by all ministries, organizations, institutions, officials and citizens of the State.

The prosecutor has the right, and it is his duty, to appeal against all deci­sions and actions of state bodies and officials which he considers to be unlaw­ful. Every citizen has the right to complain to the prosecutor concerning any violation of the law. When a breach of law contains the elements of a crime it is the duty of the prosecutor to bring the guilty person to trial.

The prosecutor supervises the investigation of cases conducted by the Militia, and other state security bodies. The Prosecutor's Office institutes criminal cases and investigates criminal cases, ascertains the circumstances under which crimes were committed, collects evidence against the criminals and their accomplices and sees to it that other investigating bodies act within the law.

During the hearing of cases the prosecutor maintains the prosecution be­fore the court in the name of the State. It is his duty to prove the charges against the accused and to propose the penalty to be imposed on the guilty person. If he is of the opinion that the accused is not guilty, it is his duty to withdraw the charge.

The prosecutor has the right to lodge protests with higher judicial bodies against the sentences and decisions of courts which he finds illegal.

It may be said that the Prosecutor's Office, like all the Russian courts, protects legality, law and order.

Judges

Article 119 of the Constitution of the Russian Federation

Judges shall be citizens of the Russian Federation over 25 years of age with a higher education in law who have served in the legal profession for not less than five years. Federal law may establish additional requirements for judges of the courts of the Russian Federation.

Article 120

1. Judges shall be independent and shall be subordinate only to the Con­stitution and federal law.

2. Should a court establish when considering a case that a legal act of the State or other body conflicts with law, it shall take a decision in accordance with the law.

Article 121

1. Judges shall be irremovable.

2. The powers of a judge may be terminated or suspended only on the grounds and in accordance with the procedure established by federal law.

Article 122

1. Judges shall be inviolable.

2. A judge cannot face criminal liability otherwise than in accordance with the procedure established by federal law.

Task 1. Choose the most suitable heading from the list A-J for each paragraph (1-8) of the first part of the text i.e. Investigator. ( There is one extra head­ing which you do not need to use).

A The necessity of bringing circumstances to light

B Court hearings on a case

C The bodies performing investigations in more complicated cases

D Establishing the existence or absence of a socially dangerous act

E Sources necessary to establish the facts

F Acts performed by the investigator after a crime has been committed

G The form of documents to be valid in court

H The duty of witnesses upon receiving the summons

I Punishment applied to a criminal

Дата добавления: 2015-10-31