investigatory phase
law
Quick Summary
The investigatory phase in criminal procedure is the initial stage where authorities gather evidence after a reported offense. This phase is crucial for building a case for a potential trial.1234
Key roles during this phase include:
- Police: They interrogate suspects and witnesses, conduct arrests, and perform searches and seizures.1
- Public Prosecutor: In some systems, they lead investigations, while in others, they advise and supervise the police.4
- Investigating Magistrate: In certain countries, magistrates conduct investigations, hear witnesses, and direct police actions. In others, their role is limited to authorizing significant invasions of civil rights, such as arrests or searches, often requiring a warrant based on probable cause.2
- Suspect: Individuals have the right to collect evidence in their favor and, in most systems, the right to remain silent to avoid self-incrimination.3
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