Art. 145 of the CPC describes decisions taken as a result of consideration of applications from citizens in the bodies responsible for the investigation of crimes. The law indicates the actions to be taken and what rights the applicant has.
Normative regulation
The Code is the only document regulating the criminal investigation process. Art. 145 of the CPC contains a fairly clear description of the results of actions of authorized persons.
However, there are orders and instructions that supplement or actually supersede the law. Nevertheless, if we continue to refer specifically to the CPC, a citizen has a chance to achieve justice.
Where does it all begin
The check on the applications of citizens and other persons from whom the materials about the possible commission of the crime (reports, materials of checks from the regulatory authorities) were received is carried out by operational officers and local police.
Verification under Art. 144-145 Code of Criminal Procedure It is the reclamation and study of documents, a survey of persons related to the incident, a study of the scene of the incident (where the accident occurred, the body was found, etc.). The revised version of the Code of Criminal Procedure of 2013 gives the right to appoint an examination as part of the pre-investigation check.
Who is checking
According to Art. 145 of the CPC, verification is carried out by the inquiry officer, investigator or the head of the investigation department. However, this work on their behalf is carried out by the district police inspectors and the operational services officers. This is noticeable by the one whose signatures are placed in the decisions to refuse to institute criminal proceedings.
Investigators and interrogators use already accumulated material if they agree with its validity. Because of this, the decision to initiate proceedings is made only by the investigator or the interrogating officer.
Verification results under Art. 145 Code of Criminal Procedure
Authorities make one of three possible decisions:
- to initiate criminal proceedings;
- refuse to initiate it;
- transmit a report of a crime under investigation;
- refer the matter to a magistrate court if the case is a private charge.
The obligation to save traces of a crime is indicated, regardless of which service they were detected. Art. 145 of the Code of Criminal Procedure of the Russian Federation is the same for police officers, FSB, SK, etc.
Opening of the proceedings
In Art. 145 of the Code of Criminal Procedure of the Russian Federation with comments provides information of approximately this kind.
The investigator initiates a case and then takes it to its production. The decision with other materials is sent to the prosecutor to verify the legality. The document also contains the signature of the head of the investigation department. If the case is initiated by the interrogating officer, the law requires the consent of the prosecutor, the head of the inquiry does not formally participate in the decision-making process.
Then, if the prosecutor agreed to open the case, the decision is sent to the interested parties (the victim, suspect, civil plaintiff and civil defendant).
Refusal to open production
What does art. 145 of the Code of Criminal Procedure in this situation? An operative officer or a local police draw up a so-called “rejected” order. This document is a template. It briefly describes: who applied for the crime, what facts were established by the authorized person. Explains why there is no reason to consider the statement justified.
Note that the statement of facts, references to the law often distort the real picture or differ in the incompleteness of the description.
Jurisdiction direction
Its borders determine the competence of the police, the UK, the FSB in the investigation of crimes.According to the law, any body is obliged to accept the application, the reason for its submission does not matter. Employees of the relevant authorities do not want to do unnecessary work and immediately advise where to transfer the paper.
If the application was sent by mail or with materials of other bodies in violation of the rules of jurisdiction, a special order is issued on the transfer of the received materials, according to the jurisdiction. The transfer applicants are informed by letter.
If there is a case with double investigations, the decision on which body will investigate is taken by the prosecutor.
Submission of materials to the court
The papers are sent to the justice of the peace at the scene of the crime, in the case of a private prosecution case.
Clarification of the facts is carried out exclusively by the court. A preliminary investigation of the case is not carried out, with the exceptions specified in the law.
The judge, having received the documents, evaluates how much they comply with the requirements of the Code of Criminal Procedure and has the right to leave them without movement, giving time to eliminate the shortcomings.
A typical mistake is also made: a local police officer or operative refuses to initiate proceedings and returns the papers to the applicant indicating the need to go to court.
Note that the return of materials to the applicant is a more logical option. After all, a statement filed with the police does not meet the requirements that are presented to a statement in court for private prosecution.
Obligation to keep track
The offender most often leaves obvious traces of the acts committed by him (after hacking, killing, committing an accident, etc.). Police officers (most often they are the first to be declared at the crime scene) are required to take measures to preserve them. They protect the scene and call experts who collect materials, their video and photo fixation.
Employees of operational services collect information about citizens who have witnessed the crime, find out their place of residence, contacts.
If a person has suffered from violence, they are sent for an examination. The last paragraph deals with private prosecution cases. The examination for the court is then built on the basis of the inspection certificate. All collected materials are transferred to the authorized body for jurisdiction, which greatly facilitates further work with the case.
Right of complaint
An interested person has the right to appeal the decision of the competent authority regarding the initiation of proceedings. This refers to the victim and the suspect. The right to complain is their legal representatives.
Direct clarification is made in the decision. Often, authors of decisions do not indicate where exactly the applicant is entitled to submit an application. The law gives the right to complain to the prosecutor or to the court.
Finally
Art. 145 of the Code of Criminal Procedure of the Russian Federation with the latest amendments indicates the following list of possible decisions on allegations of crimes:
- Institute proceedings;
- refuse to open production;
- transfer to a court or other body, according to its competence, for further consideration of the application and whether the materials.
Before this, a preliminary check is carried out by interviewing citizens, appointing examinations, interviewing citizens, requesting documents, etc. Today, the employees of the relevant services are not limited in their authority and can conduct a full audit.