Obstruction of Justice and Preliminary Investigation: Theory and Practice
The solution of tasks on the administration of justice by the court and the formation of the necessary factual basis by the preliminary investigation bodies is ensured by criminal law means: criminal prosecution for obstruction of the administration of justice and the production of a preliminary investigation. Due to the ambiguity in the interpretation of a number of terms (“justice”, “administration of justice” and “other persons involved in the administration of justice”) in the criminal law provisions establishing this responsibility, investigators and judges often make mistakes. These terms are the subject of study in the legal literature, however, the investigative and judicial practice of their application remains outside the field of view of researchers. The authors considered the reasons for the current situation on the basis of an analysis of the published investigative and judicial practice and formulated proposals for improving the criminal legislation and the practice of its application.