of April 23, 1998 No. 2
About court practice of consideration of criminal cases with protocol form of pre-judicial preparation of materials
Studying of court practice of consideration of criminal cases with protocol form of pre-judicial preparation of materials showed that the criminal cases brought on these materials are considered by courts generally correctly and timely.
At the same time in this work of the courts there are many shortcomings and omissions.
Not all courts show due insistence to quality of the materials arriving from bodies of inquiry which quite often do not conform to requirements of Art. 398 of the Code of Criminal Procedure of Turkmenistan about completeness of establishment of circumstances of the committed crime and the identity of the offender: explanations of eyewitnesses are not requested; not in all necessary cases the question of becomes clear whether persons abusing alcoholic drinks need forced treatment; characteristics of offenders and the certificate of availability or lack of criminal record at them do not join; materials and the protocol are not shown for acquaintance; the obligation about appearance is not selected; there is no list of persons which are subject to writ of summons.
Courts, having received substandard materials from which it is seen that it is performed superficially, there are essential gaps which cannot be filled in judicial session, not always use the right granted to them by the law to return such materials for conducting inquiry or pretrial investigation, along with it cases of unreasonable return of materials meet.
The facts of acceptance by courts from bodies of inquiry of materials with the subsequent excitement and hearing of cases about crimes on which application of protocol form of pre-judicial check by the law is not provided take place. Sometimes courts do not react also to other departures from the protocol form established by the law, in particular, on election by pre-judicial preparation of measures of restraint, carrying out such investigative actions as search, dredging, examination, etc.
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