Question 1 P. was charged under para. "B" of Part 2 of Art

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Uploaded: 25.01.2014
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Task 1 (94)
Question 1
P. was charged under para. "B" of Part 2 of Art. 11 h. 2 tablespoons. 162 and n. "E" h. 2 tablespoons. 131 of the Criminal Code. In the future, the investigator found that the prosecution brought against P. needs serious adjustment. The fact of performing P. attacks to steal other people's property with a weapon or subjects used as a weapon, was not confirmed, and his actions qualified as claimed in claim. "B" h. 2 tablespoons. 11 of the Criminal Code, as it turned out, subject to the signs crime under h. 3 tablespoons. 30 and n. "E" h. 2 tablespoons. 105 of the Criminal Code.
What should the investigating officer in connection with the establishment of these circumstances?
1) issue a new decision on the indictment and the prosecution perepredyavit by P. h. 3 tablespoons. 30 and p. 2d "h. 2 tablespoons. 105, h. 2, Art. 131 of the Criminal Code;
2) decide on the termination of criminal proceedings against AP on the hour. 2, Art. 162 of the Criminal Code and the decision to change the qualification of actions with P. n. "B" h. 2 tablespoons. 111 h. 3 tablespoons. 30 and n. "E" h. 2 tablespoons. 105 of the Criminal Code, leaving unchanged its charges for hours. 2, Art. 131 of the Criminal Code;
3) a ruling on termination of criminal proceedings against AP on the hour. 2 tbsp. 162 of the Criminal Code, render a new decision to prosecute as the accused SP and perepredyavit against him for hours. 3 of Art. 30 and n. "E" h. 2 tablespoons. 105, h. 2, Art. 131 of the Criminal Code.

Question 2
The investigator collected all the evidence in a criminal case and notified the victim and the accused. The victim in due time to study the materials of the case did not come, and the accused, appearing to the investigator, the defense gave up, I got acquainted with the criminal case individually and signed by the relevant protocol. After that, the investigator noted that the accused had not elected a preventive measure, and it was only obligation is selected Call and report change of residence. So he ordered the election of a preventive measure to the accused and took him on his own recognizance, which the accused has read and signed.
What should be the next steps of the investigator?
1) Resolution hem and on his own recognizance after the protocols for access to the case file and make the indictment;
2) the decision to hem and on his own recognizance to protocol for access to the case file and make the indictment;
3) Resolution hem and on his own recognizance after the protocol of familiarization with the criminal case, the defendant re-familiarize with the case materials, create a new protocol for access to the criminal case, and then make an indictment.




Question 3
State District Court in the countryside, where the offense is committed under subsection. "B" h. 2 tablespoons. 158 of the Criminal Code,

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