RETURN OF THE INDICTMENT TO THE PROSECUTOR

It is very important that the lawyers, getting acquainted with the indictment, direct their attention to the analysis and search for procedural errors that may be made by the investigator or the prosecutor.
The indictment is a special procedural decision, which reflects the results of the pre-trial investigation made by the investigator and the prosecutor, which in turn are substantiated by appropriate and admissible evidence, the determination of the legal qualification of the suspect’s actions (because until the indictment has been served, the person is considered a suspect) and is formulated in its final form prosecution.

That is why it must be drawn up with strict adherence to procedural legislation, in order to prevent the violation of the rights and freedoms of a person.
And therefore, the return of the indictment is not only an assurance of compliance with the correctness of the qualification of acts and other requirements of the law, but also a certain procedural tool in order to:
– in some cases, to change the composition of the court considering the criminal proceedings;
– to close proceedings at the stage of pre-trial investigation;
The lawyers’ professional approach to the issue of the return of the indictment, which can be applied only at the stage of the preparatory court session, guarantees compliance with the client’s legal rights and interests at the stage of the trial of the specified case.