Summary

The draft Code of Criminal Procedure introduces for the first time the concept of criminal investigation judge. The need for such a separate institution is justified in order to distinguish a judge giving leave for the limitation of fundamental rights in the pre-trial procedure from a judge hearing the criminal matter.
The author explains the new concept and underlines that criminal investigation judges must be strictly separate from judges hearing criminal cases. The draft Code prescribes that a judge hearing a criminal case is required to withdraw from the case if he or she has also performed the functions of a criminal investigation judge in the same criminal case.
A major part of the article focuses on describing the functions of criminal investigation judges. Where leave by the court is necessary for performing an investigation during pre-trial proceedings, it is within the competence of a criminal investigation judge to do so in the pre-trial phase. The main decisions rendered by a criminal investigation judge are leave and order. Leave may be granted for seizure and examination of postal or telegraph consignments, search, gathering evidence by surveillance, compulsory placement in a medical institution for expert examination, placement in a psychiatric hospital for treatment, removal from office, seizure of property etc. An order may be issued for removal of a judge, ensuring the anonymity of a witness, imposition of fines, subjection to supervision, arrest, etc. Under the draft Code, the new function of a criminal investigation judge is to prosecute the accused and to prepare a court proceeding file on the basis of a criminal file.