OPPORTUNITIES FOR ELIMINATING PROCEDURAL ERRORS DURING THE PREPARATORY STAGE OF CRIMINAL CASE TRIALS

Abstract

This article scientifically analyzes the problems associated with the elimination of procedural errors made at the pre-trial stage of the case. The stage of preparing a criminal case for trial is the most important in terms of eliminating procedural errors made at the pre-trial stage. Despite the importance of the timely elimination of errors made during pre-trial proceedings, the procedural order for eliminating errors is not regulated by law. At this stage, the judge has the authority to issue a ruling on the preliminary hearing of the criminal case on his own initiative and to refer the case to the prosecutor. The absence of this authority in the court during the main trial requires the court to identify procedural errors in a timely manner, that is, at the stage of preparing the criminal case for trial, and to fully exercise its powers in relation to the identified errors. The court’s authority to change the subject of the trial in the preliminary hearing to a mitigating one, to change the measure of restraint against a person, and, in general, to consider the case within reasonable time limits due to the reduction of the procedural time limit, has been studied and scientifically analyzed. Also, at this stage, without returning the case to the prosecutor, scientific-theoretical and practical recommendations have been given in order to expand the possibilities of introducing effective procedural mechanisms to eliminate this error.