Improving the institution of criminal case remand for further investigation and enhancing prosecutorial oversight: historical-legal preconditions and legislative prospects

Background. The relevance of this study stems from the need to address gaps and inconsistencies in current criminal procedure legislation, particularly concerning the remand of criminal cases for additional investigation, the limited supervisory powers of prosecutors, and the lack of clear criteria for evaluating the quality of preliminary investigations. The purpose of the study is to analyze the roles of investigators and prosecutors under criminal procedure law. Materials and methods. To achieve its objectives, the study employs a combination of general scientific and specialized legal methods. The dialectical method was used to examine the interplay of norms governing the remand of criminal cases and the evolution of prosecutorial authority. Systemic and structural-functional analysis allowed the institution of case remand and prosecutorial supervision to be examined as interconnected elements of criminal proceedings. Results. The findings confirm the necessity of restructuring the legal framework for remanding criminal cases for additional investigation, taking into account the historically established principles of comprehensiveness, thoroughness, and impartiality. The analysis demonstrates that introducing a specific provision on the procedure and grounds for case remand, granting prosecutors full supervisory powers, and establishing exhaustive criteria for assessing preliminary investigation quality would help eliminate legislative gaps, optimize procedural resources, and strengthen safeguards for the rights of all parties involved. Conclusion. Strengthening prosecutorial oversight while addressing legislative deficiencies is a critical step toward preserving objective truth in criminal proceedings, maintaining adversarial balance, and ensuring efficient trials where the protection of human rights takes precedence. This approach strikes a proper balance between the procedural independence of investigators and the supervisory prerogatives of prosecutors, while providing clearer boundaries for judicial review and enhancing the overall quality of justice.