PROPERTY LIABILITY OF THE INVESTIGATOR IN THE REHABILITATION OF THE ACCUSED

Abstract

The article addresses the issues of the investigator’s liability in deciding on the acquittal of the defendant to whom he or she has been charged and the criminal case was sent to the court with the indictment. The view is maintained that the investigator’s responsibility can only occur if the fact of bringing a knowingly innocent person to criminal responsibility is proved with the investigator playing an active role in the fabrication of criminal case materials. When a person is prosecuted on the basis of an assessment of the totality of the available evidence, which at the hearing did not find confirmation for various reasons, prosecuting an investigator seems unacceptable. The investigator investigates the crime in the context of a pronounced opposition to the investigation process from interested parties, the evidence base is created in the specified conditions, before the criminal case is sent to the court, participants in the process are exposed to various forms in order to obtain the necessary evidence from them. A change in the evidence system may be related to counteracting the investigation process, in this situation it is unacceptable for the investigator to be held accountable for unjustified criminal prosecution.