Criminal prosecution outside procedural deadlines

The scientific article is devoted to the study of cases of criminal prosecution outside the procedural deadlines. It is noted that criminal prosecution can be carried out outside the procedural deadlines at different stages of criminal proceedings. It is argued that criminal prosecution can be carried out outside the procedural deadlines in the following cases: 1) before the person is notified of suspicion; 2) during the suspension of the pre-trial investigation; 3) in the event of the return of the indictment to the prosecutor. Indefinite criminal prosecution of a person in these cases can be implemented for a rather long period of time without ensuring the rights, freedoms and legitimate interests of the person. It is investigated that the provisions of the criminal procedural law do not establish time limits for the conduct of criminal proceedings before the notification of suspicion, the prosecution is not limited by procedural deadlines for conducting procedural activities aimed at exposing a specific person in committing a criminal offense. It has been proven that the initial moment of criminal prosecution and the beginning of the countdown of the pre-trial investigation periods should not be associated with certain formal decisions of the prosecution. The countdown of the criminal prosecution period should begin from the moment of the first procedural action aimed at exposing a specific person in the commission of a criminal offense. It has been established that the possibility of the prosecution to stop the pre-trial investigation creates the basis for carrying out criminal prosecution outside the time limits established by law. It has been established that in a stopped pre-trial investigation, the implementation of the criminal prosecution function can be carried out through a number of investigative (search) actions, which can quite conditionally be aimed at finding the suspect, as well as through the application of certain measures to ensure criminal proceedings. It is noted that the unlimited exposure of a specific person in the commission of a criminal offense can be carried out in a situation where the indictment is returned to the prosecutor. In this case, procedural norms do not regulate the time limits for the prosecutor to re-apply to the court with an indictment and do not prohibit the prosecution from conducting procedural actions to establish the involvement of a certain person in the commission of a criminal offense.