Mavlanov Kamoliddin
Teacher of Department of Criminal Procedural Law
Judicial
investigation as a
central part of trial
Annotation:
in this article is described importance of judicial
investigation in criminal proceedings, the role of judicial
investigation in punishing, in collecting, checking and evaluating evidences.
Key
words: investigation,
court, law, trial, criminal procedural law.
The Constitution of the Republic of Uzbekistan improved the role and importance of court to a high
level as an only body of fair trial. Guiding principles which include of
guarantees of human rights and freedoms have supremacy in trial process.
Responsibility for guilt and the fair penalty is depend on the extent of
right court investigation during the criminal case. Comprehensive and carefully checked judicial
investigation directly affected to the effectiveness of the justice.
Judicial investigation - a new stage in the court process
to verify the facts independently and creatively.[1] It
is an important part of judicial
investigation, which is
carried out based on the active participation of the parties.
Evidence which not involved by the court and the
parties in the court investigation and discussion , will not be accepted as
evidence, and they have no legal effect. The
significance of judicial investigation is that, in this process will
formed the basis for the
judgment by the court.
So the legality and validity of the judgment is connected to the quality of the judicial investigation. It is known that the
central subject in the process of judicial investigation is the judge (group of judges) who
hear the case.
Therefore, preparation of the case for the court and preside
in court always demand to improve the professional skills of judges,
because a full and impartial investigation of the facts, determine the justice
and educational importance of process depends on strict obeying to requirements
of the law and perform them by clear thinking, ethical leadership of judge.
Russian scientist S.B.Rossinskiy emphasize that the
judicial investigation is one of the phase of court discussion which has been
defined the criminal event, the culpability of the defendant and other
important circumstances of criminal case,
and also investigate the
forensic evidence presented by the parties, as well as the evidence which
demanded by court independently.[2]
It should be noted that the judicial investigation is
a complex process which participate a number of subjects and developing as a
result of their action or inaction, and the most responsible and decisive role
in this process belong to judge.
Judge should look with a
critical eye to evidence presented by the parties.
Another Russian scientist V.P.Bojev consider that,
judicial investigation is the main part of the court discussion, which investigated
and checked all evidence of prosecution and defense parties by their initiative
and active participation which causes for making decision by court. Another
Russian scientist V.P.Bojev consider that, judicial investigation is the main
part of the court discussion, which investigate and check all evidence of
prosecution and defense parties by their initiative and active participation
for making decision by court.[3]
It is logical to think that during the court hearing of the criminal case in accordance with the development
of events over the two opposite each other in the same content resulted in the
emergence of one of the results: to justify or condemn. A person who was involved to criminal case should be
entitled to either charge or justified.
Therefore, participants of the position of defence
(attorney, defendant, the civil defendant and their representatives) trying to
provide evidence and tend results for their interest in order to justify the
innocence of the defendant and, at least, to mitigate condition of defendant,
participants of the position of accusation (state prosecutor, the victim, the
public prosecution and their representatives), in it is turn, seek for the full
realization of the principle of responsibility for the crime.
According to V.Popov, the essence of judicial
investigation consists of followings: strict routine, established objectives,
the participants and the result of criminal procedural prove of criminal case.[4]
As we know, the process of proving is an act of define all significant
circumstances of criminal case for determine the justice, whether crime
committed or not or that the person is guilty or innocence in committing crime
and other circumstances.
In our view, the value of judicial investigation is in the independent, oral and direct research.
Justice is carried out by
court proceedings and the actions of the court which realized complementary and
step-by-step.
Thus, judicial
investigation is a process which held after hearing the criminal case and
before court discussion with the participation of the parties, and realized
according to the principles of criminal proceedings, and, judge as an active
participant of this stage, his every decision serve for the fortune of human
and public interest.
[1]Criminal
process: Textbook (Special part). Edited by Inagomjonova Z.F. Тashkent,
‘Adolat’, 2007. P. 127.
[2]S.B.Rossinskiy.
Criminal process of
[3]V.M.Bozheva
Criminal process. Textbook. Second edition, recycled and supplemented.
[4]V.M.Popov.
The judicial investigation: problems of optimization .. The dissertation on
competition of a scientific degree of the candidate of legal sciences.
2001.P.36.