https://ijmri.de/index.php/jmsi
volume 4, issue 5, 2025
979
“PROSECUTORIAL OVERSIGHT OF PRE-TRIAL INVESTIGATION: PRACTICAL
ISSUES AND WAYS OF IMPROVEMENT”
Sharifboyeva Tabassum Qurolbek kizi
Grade 11 student, School No. 59, Ministry of Public Education
To‘rtko‘l district, Republic of Karakalpakstan
Abstract:
This article analyzes the legal basis of prosecutorial oversight in the pre-trial
investigation process, current problems in practice, and existing shortcomings. It also highlights
the importance of legality during the investigation, guarantees of procedural rights, and the
protection of citizens’ interests. Additionally, the article presents proposals for improving
prosecutorial supervision based on advanced international approaches. The article is written
based on key elements in the practical application of criminal procedural law.
Keywords:
prosecutorial supervision, investigation stage, pre-trial proceedings, criminal
procedure, legal guarantees, legality, investigative actions, human rights
Introduction
The pre-trial investigation stage is one of the most critical and responsible phases of the
criminal process. During this period, the basis for the charges is formed, evidence is collected,
and initial decisions are made regarding the suspect's guilt. At the same time, it is in this stage
that violations of human rights, illegal actions, falsification of evidence, and restriction of the
right to defense most frequently occur. Preventing such negative outcomes is the key role of
prosecutorial oversight. The prosecutor must ensure that investigative actions comply with the
law, are justified, and are aligned with the principles of justice. However, practice shows that
there are certain systemic deficiencies, delays, and a lack of independent evaluation in the
supervision of investigations. Therefore, this article examines the legal foundations, current
challenges, and ways to improve this issue.
Legal Basis of Prosecutorial Oversight
According to the Criminal Procedure Code of the Republic of Uzbekistan, the prosecutor
continuously monitors the legality of criminal proceedings at all stages. For instance,
procedural coercive measures, detention, arrest, search, and other investigative actions are
carried out either with the prosecutor’s consent or under his direct authorization. The purpose of
prosecutorial oversight is
not
to directly manage the investigators' actions, but to provide
independent and legal control
over their activities.
Practical Issues: Deficiencies and Challenges in Oversight
Although a number of legal reforms have been carried out in recent years to strengthen
prosecutorial oversight, several issues still persist in practice, such as:
Violations of procedural laws by some investigators — for example, exceeding the legal
detention period, forcing suspects to waive their right to legal assistance, or failing to properly
inform them of their procedural rights during interrogation;
Inadequate attention by some prosecutors to investigative actions, resulting in formal
approval of their legality;
Delayed responses from defense attorneys to prosecutor’s objections;
Instances of collusion between investigators and prosecutors, undermining the principle
of objectivity.
These shortcomings threaten the rights and freedoms of citizens, violate the presumption of
innocence, and negatively affect the delivery of fair court decisions.
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Modern Approaches and International Experience
International experience shows that in order to ensure the effectiveness of prosecutorial
oversight, it is necessary to:
conduct
in-depth analysis
of investigative actions;
involve
independent forensic expertise
;
introduce
public monitoring mechanisms
.
For example, in many European countries, the prosecutor only evaluates the legality of
investigations, while the
credibility and accuracy of evidence
are independently assessed by
pre-trial bodies. According to recommendations from the
UN
and the
Council of Europe
, the
involvement of defense lawyers and independent observers in the investigation process,
transparency of investigation procedures, and an
internal audit system
within prosecution
offices serve as effective oversight tools.
Key Factors in Enhancing Prosecutorial Oversight and Investigation Efficiency
Prosecutorial oversight not only ensures the legality of criminal procedural activity but also
plays a key role in improving the efficiency of investigations. In particular:
Investigative actions must be conducted
promptly and properly
;
Prosecutors should actively participate in
planning investigations
,
allocating
resources
, and
setting priorities
;
This reduces delays in the investigation process and minimizes errors in document preparation,
contributing to the swift and effective resolution of criminal cases.
Legal Position and Independence of the Prosecutor
In practice, the
independence of the prosecutor
and their oversight authority over the
investigation process are critically important. Sometimes, confusion arises regarding the
boundaries of authority
between the prosecutor and the investigator, which can reduce the
effectiveness of investigative work. The ability of the prosecutor to make independent decisions,
ensure that their conclusions are strictly followed, and maintain control over the investigators
guarantees the quality of the pre-trial process. At the same time, to ensure that prosecutors
operate independently of
political or external pressures
, it is necessary to improve legislation
and implement practical mechanisms.
Complaint and Petition Handling in Prosecutorial Oversight
In pre-trial investigations, the complaints and appeals of citizens, victims, and witnesses are a
vital part of prosecutorial oversight. Special units have been created within the prosecution
system to promptly review these complaints and address legal violations in investigations.
However, in practice, many complaints are delayed or left unanswered. This hinders the fair
resolution of criminal cases. Therefore, it is necessary to establish an
automated and publicly
monitored system
for the review of complaints.
Implementation of High Technologies: Digital Investigation and Oversight
The wide application of
digital technologies
in modern prosecutorial oversight increases
transparency and efficiency. Examples include:
Video recording
of investigative actions;
Electronic protocols
;
Real-time information exchange systems
— all of which help prosecutors monitor
every step in the investigation.
In addition,
artificial intelligence (AI)
and
big data analysis
can be used to identify patterns of
crime and detect potential legal violations in investigations beforehand. These approaches
significantly increase the effectiveness of prosecution offices.
International Cooperation and Knowledge Exchange
International cooperation plays a key role in improving prosecutorial oversight of pre-trial
investigations. Studying and applying the experiences of other countries helps address
shortcomings in the prosecutorial system. For example, European countries have successfully
implemented systems that maintain a balance between the
independent activity of
investigators
and
active oversight by prosecutors
, including independent audits of
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investigative actions. Therefore, improving national legislation to align with
international
legal standards
is a pressing issue.
Improvement Measures and Recommendations
To enhance prosecutorial oversight of pre-trial investigations, the following measures are
proposed:
Conduct specialized training for prosecutors on
i
nvestigative psychology and human
rights;
Make video recording of investigative actions mandatory;
Introduce internal audits for actions performed with prosecutor approval;
Ensure timely and effective review of defense complaints by prosecutors;
Enhance transparency in investigations by involving the media and civil society
representatives;
Publish annual analytical reports on violations in investigative procedures.
Conclusion
The pre-trial investigation stage is the key link in the fair resolution of criminal cases, and the
effectiveness of prosecutorial oversight during this stage reflects the state's commitment to the
principles of legality and justice. Although the current legislation grants broad powers to
prosecutors, the practical implementation mechanisms for full and independent oversight are
not yet fully operational. Therefore, it is crucial to transform prosecutorial oversight from a
mere formal review process into a genuine legal guarantee, ensuring transparency and
accountability. Improvements in this area should become an essential part of broader criminal
procedural reforms.
References
1.
Constitution of the Republic of Uzbekistan
2.
Criminal Procedure Code of the Republic of Uzbekistan
3.
Law "On the Prosecutor's Office"
4.
Presidential decrees and resolutions on judicial and legal reforms
5.
UN International Covenants on Human Rights
6.
Council of Europe recommendations and ODIHR expert opinions
7.
Reports and statistical data from the Prosecutor General's Office of Uzbekistan
