Different Types of Preliminary Investigation and the Rules for Conducting It

Abstract

This study examines the concept, forms, and procedural significance of preliminary investigation within criminal proceedings, with particular attention to its role in the pre-trial stage. Preliminary investigation is defined as a mandatory stage of criminal procedure conducted in the form of inquiry and preliminary investigation, aimed at establishing a sufficient evidentiary basis for the resolution of a criminal case in court. Its primary purpose is to identify and verify circumstances subject to proof, ensure proper qualification of the criminal act, and prepare procedural materials for judicial review. The research highlights that preliminary investigation functions as an independent procedural stage characterized by a defined legal framework, specific commencement and termination points, and final procedural decisions such as indictments or final protocols. It is carried out by authorized state bodies, including inquiry officers, investigators, and prosecutors exercising procedural supervision. The process is strictly regulated by criminal procedural legislation, ensuring legality, protection of participants’ rights, and adherence to procedural guarantees. Furthermore, the study distinguishes between different forms of inquiry, including urgent investigative actions and simplified pre-trial proceedings, emphasizing their distinct legal nature and procedural consequences. It concludes that preliminary investigation serves as a foundational stage of criminal justice, ensuring both the protection of victims’ rights and the safeguarding of individuals against unlawful prosecution.