A Preliminary Hearing in Criminal Proceedings

Irine Bokhashvili

Abstract


A preliminary hearing is an independent stage of the criminal proceedings, with its own aim, tasks and final documents. Determination of a date of a preliminary hearing is an obligatory prerequisite for the conduct of a hearing, which falls within the powers of a magistrate judge. According to amendments made to the Criminal Procedure Code, a judge of a preliminary hearing shall on his/her own initiative verify the issue of leaving the remand detention. Resolution of essential issues of a preliminary hearing, such as: admissibility of evidence; referring a case for a main hearing falls within the competence of a judge of a preliminary hearing. When making a decision on these issues, a judge of a preliminary hearing will take into account the high probability standard. The legislation provides for the rule of appealing a judgement on termination of criminal prosecution, as well as on appealing the judgement on evidence recognized as inadmissible in the superior body. Along with all above-mentioned issues, the article deals with controversial issues, provides analysis of the legislation and court practice and offers the author’s opinion and proposals.


Keywords


preliminary hearing, a stage of the proceedings, terms, determination the identity of the accused, detention, the right to remain silent, evidence, assessment, fruit of poisonous tree, high probability, a ruling, termination of criminal prosecution, appea

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References


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