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The Procurator

The main task of the procurator is to ensure the strict observance of the law by various organizations, officials and citizens.

The procurator is to supervise the observance of legality by the organs conducting investigation, the legality of judicial judgements and the legality of keeping convicted persons in plases of confinement. Here are some of his rights and duties in preliminary investigation, in the examination of cases in court and in supervising over the observance of legality in plases of confinement. The procurator supervises the strict implementation of the law by investigators conducting inquiries or preliminary investigations.

He must see to it that no citizen is restricted of his lawful rights or subjected to unlawful and ungrounded criminal prosecution. No person can be arrested without the sanction of the procurator or the court order. A search may be conducted only with the sanction of the procurator.

After the investigation of a criminal case he approves the indictment and transfers it to the court. The procurator discharges important functions in the trial as state prosecutor. Like other participants in the trial ( the defense councel, the injured party) he may question witnesses, take part in the investigation of evidence and submit fresh evidence in court, challenge the members of the court, etc. When the court investigation is over, he pronounces an indictment. He may lodge his protest against the court`s judgement, decision or rider in a higher court.

The procurator has broad power of supervision over the observance of legality in places of confinement: he verifies the legality of keeping persons in places of confinement, he checks up if convicted persons are relased at the right time, he ensures that the statutory regime rules and the rules of labour for convicted persons are observed, he supervise the state of sducational work, etc. To discharge these functions, the procurator has the right to inspect places of confinement at any time, to study documents, to question prisoners in person and to demand personal explanations from the administration.

 

 


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