It is no secret that every year there are more and more cases when representatives of law enforcement agencies exceed their authority. This applies to both ordinary police officers and investigators.
All duties and rights of these employees are specified in the CPC. Article 123 of the Code of Criminal Procedure provides for the right of citizens to file a complaint against the actions of an investigator. Indeed, quite often the fate of a person depends on the actions of these workers.
Who is eligible to file a complaint?
Any subject of a criminal trial has the right to seek protection of his rights from unlawful actions or inaction of an investigator. The legislation provides for three conditional groups:
- On the part of the prosecution, that is, prosecutors, the Investigative Committee, court employees, the prosecutor, the victim. Their legal representatives.
- On the part of the defense, that is, the suspect or accused, defense counsel, defendant, or their legal representatives.
- Persons who contribute to the establishment of truth in the process, that is, experts and witnesses, witnesses and translators.
Simply put, only a person who at least in some way interacts with the investigator can complain.
Common reasons for seeking protection
A complaint about the actions of the investigator may be filed if the official refuses to institute criminal proceedings. Or illegally terminated it (suspended). Very often, a complaint is made if the investigator refuses to bring in a legal representative or defense counsel or an illegal search or seizure is ordered. Many appeals are related to the refusal to attach evidence or the refusal to appoint an examination.
Often, complaints are related to the inaction of the investigator. That is red tape and drag out the proceedings. However, there are a lot of reasons for filing a complaint about the actions of the investigator and it is impossible to count them all.
Where can I go?
First of all, you can turn to the higher investigator’s leadership to request that your rights be protected and that the investigator terminates illegal actions. The subjects of the criminal process and other persons whose rights are infringed have the right to appeal to the prosecutor's office and court.
As a rule, the investigator’s leadership is approached when an official commits a minor misconduct, for example, disrespectfully communicates or is late for interrogation of witnesses. If unlawful acts are seen in the actions of the investigator, then it is already necessary to apply to the prosecutor's office or court. The main thing is that the applicant should have evidence.
Appeal to top management
A complaint about the actions of the investigator to the leader is submitted in writing. You can send it through the office of the district police station or send by mail. The appeal can be made in free form, indicating the following details:
- job title of the head, place of work;
- applicant data;
- the essence of the conflict and claims, that is, a brief description of the actions that entailed a violation of the rights and interests of the applicant;
- date of compilation, signature and its interpretation.
If there are documents that confirm the illegality or negligence of the investigator, then copies of them must be attached, and a list of these documents should be written in the complaint text.
The current legislation, the head of the investigator is given 3 days to consider the complaint, in extreme cases, if additional verification of the facts is required, the period can be extended up to 10 days. Based on the results of consideration of the appeal, the complaint may be fully or partially satisfied or rejected completely.
Appeal to the prosecutor
A complaint to the prosecutor about the actions of the investigator can be filed in almost any situation. When an official violates the rights of the applicant, he admits inaccuracies in the procedural actions. In fact, the legislation does not provide restrictions on topics for appeals to the prosecutor. There is only one prohibition - you cannot apply again if an official answer has already been submitted on this issue.
At the level of regulatory acts, a sample complaint about an investigator’s actions to the prosecutor’s office is also not provided. Therefore, such an appeal is drawn up in a free form and the text of the appeal to the higher leadership of the investigator can be taken as the basis.
The main thing is that from the text of the appeal it should be clearly clear to whom it is addressed. The essence of the conflict situation should be stated briefly and clearly, it is not allowed to use insults. There should be no speculation and reasoning, only facts.
Going to court
One of the forms of judicial control is the appeal to the court with a complaint about the unlawful actions of the investigator. Such an opportunity is provided for in Article 125 of the Code of Criminal Procedure. The code itself does not provide a unified form when applying to the court. However, in order to increase the chances of winning in court, it is necessary not only to clearly state the facts of the offense, but also to make references to articles of laws whose requirements have been violated.
In the final part of the text of the complaint, the requirements for the court in relation to the investigator should be clearly spelled out, that is, it should indicate what violations the official should eliminate. In some cases, it is advisable in the text of the complaint to immediately request the case file for review.
Often a complaint about actions, inaction of the investigator to the court is drawn up and submitted by the lawyer. However, the law allows for referral to the court through the person conducting the preliminary investigation.
The law provides for a five-day period for consideration of a complaint by a court. During these days, the judge must verify the accuracy of the facts set forth in the appeal. Consideration of a controversial issue takes place in an open meeting, in the presence of all interested parties.
It is not forbidden to simultaneously file a complaint with the court and the prosecutor's office. However, the appeal to the court must indicate that the application has also been filed with the prosecutor's office or is being considered by other authorities. The court will not consider a complaint regarding facts that will be verified in a criminal case.
If the court decision does not satisfy the applicant, then he has the right to appeal on appeal and cassation.
Sample complaint about the actions of the investigator
In the district court .... cities ... ..
or to the prosecutor’s office .... district ... city
(from) Name, address
and contact details of the applicant
A complaint
to illegal actions of the investigator
In relation to me ... date ... a criminal case was opened ... details of the criminal case .... under the article ... of the Criminal Code of the Russian Federation. To date, I have not been charged and I am a suspect.
... date ... approximate time ... during the interrogation by the investigator of the Department of Internal Affairs ... F.I.O. ... of the city ..., the investigator hit me in the head with the materials of the criminal case. At the end of the interrogation, I went home. Along the way .... the investigator .... caught up with me and knocked me to the ground and used physical force, breaking my left arm. He motivated all actions by the fact that I am telling a lie. A witness to beating me on the street is a citizen ... F. I. O.
On the same day, I turned to a medical institution to conduct an examination for injuries received (certificate attached). For 30 days I did not attend work, because of plaster on the arm and pain in the abdomen from beating.
Based on the provisions of the Code of Criminal Procedure and Law 3-ФЗ “On Police”, -
I beg:
- Recognize the actions of the investigator of the police department ...cities .... illegal and to recover from him in my favor damage in the amount of 100 thousand rubles that were spent on my treatment and I lost due to the inability to attend work.
- To summon a citizen ... F. I. O ... as a witness, who will be able to confirm the facts stated in the text of the complaint, to attract a doctor who conducted the examination.
Applications:
- copy of complaint;
- copy of the certificate of medical examination;
- copy of the emergency call card.
Date, signature, F. I. About the applicant.
Conclusion
When investigating criminal cases, officials do not always approach their duties professionally and objectively. One cannot put up with this state of affairs, but it is safe to file a complaint about the investigator’s actions with the prosecutor’s office, management or go to court. It is not recommended to go to court immediately. It is better to do this after contacting the senior management and the prosecutor. But it should be remembered that if the appeal has no evidence, then you should not count on meeting the requirements. Attach to the appeal should be all documents that at least somehow confirm the facts stated in the complaint.