The effectiveness of pre-trial investigation. How much do simple mistakes cost for the state's budget?

Abstract

An essential components of effective pre-trial investigation are not just investigative actions prescribed by criminal procedure laws, qualification of investigators, prosecutors, their skills, secondary law which regulates in detail some of conduction investigative action but also how does investigative actions works in preliminary stages of conduction of investigation actions. Is it effective and efficient? For example, in obtaining permission for such actions as search, covert surveillance, wiretapping. The author analyses one of mentioned investigative actions. This paper presents overview on it in the light of reform in civilian security sector launched and still going in Ukraine after Revolution of Dignity of 2014. Local prosecution offices territorial structure no longer mirrors the structure of courts and police stations system. The paper has been developed to present to wider audience the remarks about management of resources (material, financial, human) for obtaining permission to conduct search or wiretapping during pre trial investigation. Results of research reveal that a lot of time are consuming for preliminary stage for conduction investigative action. One of the way to resolve above mentioned issue is to make changes to secondary law, for example to issue order of General prosecutor on redistribution of administrative functions at local prosecution level. It means to grant the prosecutors stationed at local prosecution office right to sign procedural documents for further their submission to court for obtaining permission to conduct investigative actions prescribed in CCP of Ukraine (for example wiretapping etc.). Also to grant the right to judges of local courts (district) to issue permission for conduction covert investigative action in pre-trial investigation stage except permission to carry operative search action during operative search proceedings. So, the reform of the prosecution service should conduct in parallel with the administrative and the judicial reforms the same time at prosecution office, police, court systems to avoid in future no-effective usage of material, financial and human resources during investigations.