Investigator of the bailiffs: powers, duties. Bailiffs Service

As article 151 of the Code of Criminal Procedure indicates, Investigators of the Federal Bailiff Service work with cases of crimes provided for in Articles 177, 157, 315, 297, 312, in the first parts of Art. 294 and 311 of the Criminal Code. Their activities are supervised by a chief - a person who has the right to give instructions on the implementation of investigative actions, including urgent ones. Consider further What does the bailiff investigator do.

General information

As Article 40 of the Code of Criminal Procedure indicates, the inquiry bodies are engaged in cases in which the preliminary investigation is not mandatory. In addition, the functions of these structures include the implementation of urgent actions. Bailiffs Service is one of the links in the executive system. She is not only involved in the implementation of court decisions. There is a misconception that only work in the FSSP bailiffs. Inquirer, authority which is regulated by the CPC, is also a member of this body.

Important point

As art. 40.1 of the Code of Criminal Procedure (Part 4), instructions of the head of the inquiry department are drawn up in writing. They are transferred to the subordinate. Investigator of the bailiffs must scrupulously carry them out. In this case, the employee may appeal against the order to higher structures, as well as to the prosecutor. However, the submission of the relevant application does not suspend the execution of the instruction. The employee may provide the head or the prosecutor with case materials, as well as written objections to the orders received.

The powers of the inquirer in the bailiff service

They are assigned to the employee by the head of the unit. The tasks that the employee performs are different from those that are implemented. bailiff. Inquirer, duties which are prescribed in his job description, he can independently carry out investigative and other procedural measures, make decisions. The exception is cases where for this, according to the Code of Criminal Procedure, the consent of the chief, prosecutor or authority that considers cases on the merits is necessary. Besides, bailiff investigator may implement other functions enshrined in law.

Regulatory requirements

The bailiff service is considered one of the most important instances in the executive system. In this regard, the structure seeks to improve its activities and increase the effectiveness of work. In 2010, the FSSP Order was issued, according to which the general restrictions for areas to which it may be involved bailiff. Inquirer, duties which, in turn, is not related to the implementation of decisions, performs tasks that are not characteristic of ordinary FSSP employees.

Reasons to start production

AT duties of the inquirer in the bailiff service Includes acceptance and verification of reports of crimes committed or in preparation. If there are sufficient grounds, the employee initiates proceedings. A criminal case also opens with:

1. The receipt of materials sent by tax authorities.
2. The confession.
3. Upon receipt of the decision of the prosecutor to send materials to the preliminary investigation body to resolve the issue of prosecution.

To initiate production bailiff investigator must also have sufficient information indicating the presence in the person’s act of evidence of a crime.

Checking Messages

Investigator of the bailiff department must accept a statement of any act already completed or just being prepared. In this case, the information received is checked. Upon application, a procedural decision is made no later than three days after the receipt of the message. As part of the audit bailiff investigator may require research on corpses, objects, documentation, revisions. In addition, he has the right to apply for the involvement of specialists in the procedures. For example, it could be expert. Investigator of the bailiffs, as was said above, makes a decision on the message. An employee, in particular, has the right to refuse to initiate proceedings, to start proceedings, to transmit the received report of a crime in accordance with the jurisdiction. The decision is communicated to the applicant and the court. In this case, the first should be explained his right to challenge the decision.

Documenting

The investigator, having instituted proceedings, issues a decision. It must be executed in accordance with the requirements of the law. The decision must indicate:

1. Date, time, place of compilation.
2. FULL NAME. and the position of the ruling officer.
3. The basis and reason for opening a criminal case.
4. Article of the Criminal Code, its part, paragraph, in accordance with which proceedings are instituted.

If the materials are sent to the prosecutor to establish jurisdiction, the document should contain a note about this.

Rules of procedure

Inquiry shall be carried out in the manner prescribed by chapters 21, 24-29, 22 of the Code of Criminal Procedure with the exceptions provided for in Ch. 32. During the implementation of actions, the employee takes comprehensive measures aimed at organizing a preliminary investigation and timely adoption of procedural decisions. To implement these tasks, the employee in a 2-day period must form a detailed plan indicating the timing of the activities.

The timing

In accordance with the general rules, the inquiry is carried out within a month from the moment of opening the case. If necessary, by decision of the prosecutor, this period may be doubled. In certain situations, including those related to the need for expert research, this period can be extended up to six months. The corresponding decision is made by the prosecutor of the city, district, as well as the military prosecutors and their deputies equated to it.

In exceptional cases, the period is extended to 12 months.

Security

Based on the Methodological Recommendations, a bailiff may be involved in investigative actions. His tasks include security. The order is the basis for attracting an employee. It is served to the senior bailiff no later than three days before the investigation. In some cases, urgent action is required. In these situations, the order is submitted on the day of its implementation and is considered by the senior bailiff immediately. As part of security, employees:

1. Prevent the intervention of outsiders in the process.
2. They are located in places established by the elder.
3. They constantly monitor the participants in the event.

If the order is violated, a protocol is drawn up. It is executed by the bailiff.

Investigator: witness interrogation

The rules by which this investigative action is carried out are enshrined in article 189 of the Code of Criminal Procedure. During interrogation, the investigator strictly in accordance with the law hears the oral testimony of the subject. The results are recorded in the protocol. The fact that the citizen may be aware of something about the facts related to the criminal case acts as a factual basis for the procedure. The witness may be summoned. A conversation with a citizen can be held only after the initiation of proceedings.Before the interrogation, the person is explained his rights and responsibility for providing false information.

Drive of citizens

Different citizens may be involved in investigative actions, if necessary. Persons are notified of the call by summons. In some cases, subjects may evade appearance. In such situations, the law provides for the possibility of their forced drive. This measure may be applied to a witness, victim, suspect / accused. Like any investigative action, the drive can be carried out only after the initiation of production. The basis for it is the decision of the inquiry officer, agreed with the senior bailiff. Legislation prohibits the drive, by oral order of an employee, on copies of decisions not duly certified or transmitted by fax. The norms set a time limit for the commission of this investigative action. The drive can be carried out from 6 am to 10 pm. An exception may be urgent cases. The law prohibits the forced delivery of minors up to 14 years old, pregnant women, as well as sick people who are unable to leave their location due to health reasons. The latter should be confirmed by a doctor.

Crime Suspect Notification

Its compilation is regulated by Art. 223.1 (Part 1) of the Code of Criminal Procedure. In the notice of suspicion, the inquiry officer shall indicate:

1. Date and place of compilation.
2. Surname and initials.
3. FULL NAME. suspect date of birth.
4. A brief description of the act, the time of the commission, other circumstances that must be proved, according to Article 73 of the Code of Criminal Procedure (part 1, paragraphs 1 and 4).
5. The norm of the Criminal Code, its part and clause establishing liability for the crime.

If the inquiry officer has reason to believe that a citizen may be involved in several acts, the relevant articles should be indicated in the notification.

Presentation of the notice

A copy of the notice must be given to the suspect. In this case, the inquirer is obliged to explain to the citizen his rights enshrined in article 46 of the Code of Criminal Procedure. After the delivery of the notice, the employee draws up a protocol in which he puts down a corresponding mark. Within three days from the date of the notification, the inquiry officer must interrogate the person. If there are several suspects, a notice is given to everyone. A copy is also sent to the prosecutor.

Detention

This preventive measure is applied at the request of the interrogator sent to the court. The indictment must be drawn up no later than 10 days. from the moment of conclusion. If it is not possible to comply with this rule, the suspect must be charged in the manner prescribed by Chapter 23 of the Code. After that, the inquiry must be continued or the preventive measure canceled.

Legal Assistance Request

In some cases, the investigator may require legal assistance. To receive it, he forms a request. It indicates:

1. Name of the authority from which the request is sent.
2. The name and address of the structure to which the request is sent.
3. Information about the criminal case. In particular, its name, number is indicated.
4. The nature of the request.
5. Information about the subjects to whom the request was sent. In particular, except for the full name, place and date of birth, citizenship, occupation, address of residence / stay are indicated.
6. Description of circumstances to be clarified, list of requested papers, material and other evidence.
7. Information on facts relating to the committed act, qualification of the crime.
8. The text of the relevant norm of the Criminal Code, data on the amount of harm (if necessary).

Event completion

At the end of the inquiry, the officer who conducted it must draw up an indictment. This document should indicate:

1. Date and place of registration.
2. Surname, initials, position of employee.
3. Information about the citizen prosecuted.
4. The time and place of the act, methods, goals, motives, other significant circumstances.
5. The wording of the charge. At the same time, specific norms of the Criminal Code, parts, paragraphs are indicated.
6. List of evidence that confirms the charge, a brief summary thereof.
7. List of materials provided by the defense.
8. Aggravating / mitigating factors.
9. Information about the victim, the amount of damage done to him.
10. The list of citizens to be summoned to court.

Additional rules

The interrogator, like the investigator, is obliged to attach a certificate to the indictment. It reflects the timing of the measures, the preventive measures applied to the perpetrators, indicating the duration of their detention / house arrest. The certificate also provides data on the civil claim and its support, material evidence, alleged confiscation of property, possible procedural costs. In the event that the accused or the victim has dependents, information is provided on measures taken to exercise their rights.

Coordination and referral to the prosecutor

The indictment must be approved by the head of the body of inquiry. The head investigates the case, verifies the compliance of the descriptive, motivational and resolutive sections with the materials presented therein, as well as the requirements of the law. The head evaluates the completeness of the measures taken, determines whether the interests of their participants have been respected, or measures taken to eliminate the conditions that have contributed to the commission of the act. The indictment is attached to the materials of production and sent to the prosecutor. The latter considers the documents and within two days takes one of 2 decisions. The prosecutor may approve the indictment or return the case for additional inquiry, re-issuance of the decision, if it does not meet the requirements. In the latter case, the officer has the right to set the deadlines. For an additional inquiry, the period may not exceed 10 days., And for the renewal of the act - 3.

Conclusion

As follows from the information above, quite a lot of tasks are implemented bailiff inquiry officer. Salary the employee, however, is not so high. The least fortunate, of course, are young specialists. Their average earnings rarely exceed 15 thousand rubles. This amount includes salary, as well as allowances for specific conditions of activity. Their value is about 60% of the rate. More experienced specialists, FSSP management have a greater income. Increases in their salaries reach 150%. Also, the calculation takes into account the length of service. Salary increase is made upon assignment of the next rank. Bonus payments are an addition to the salary. Their value is established in accordance with the incentive system in force in a particular region. In addition, the amount of bonus payments depends on the number of cases successfully resolved by the employee. In general, the average earnings of interrogators in the country are in the range of 12-22 thousand rubles. Currently, programs are being developed at the state level to increase the prestige of working in the FSSP. For this, additional payments, benefits, etc. are established. At the same time, the requirements for candidates for the position of inquiry officer are also increased. First of all, citizens who want to work in the FSSP must have the appropriate education. Of no less importance is the physical and mental state of a person.