CONCEPT AND CONTENT OF PRE-TRIAL PROCEEDINGS IN CRIMINAL PROCESS

Abstract

The article examines the theoretical and legal foundations of pre-trial criminal proceedings as an independent and essential stage of the criminal process. Particular attention is paid to the concept, essence, and structure of the criminal procedural form, as well as to the issues of its unification and differentiation in the context of ongoing reforms in criminal justice. Based on an analysis of national criminal procedure legislation, law enforcement practice, and scholarly opinions, the study substantiates the need to improve pre-trial procedural forms in order to enhance their effectiveness and ensure the protection of the rights and legitimate interests of participants in criminal proceedings. A comparative legal analysis of the Anglo-Saxon and Romano-Germanic models of pre-trial proceedings is conducted using the legislation of Germany and France as examples. The article concludes that it is necessary to develop a unified concept for the differentiation of criminal procedural forms based on the degree of social danger of the crime and the complexity of criminal prosecution, taking into account the prospects for the implementation of simplified and digitalized forms of criminal proceedings.