Before a decision is made to initiate or refuse to begin criminal proceedings, as required Articles 144-145 Code of Criminal Procedure, law enforcement authorities carry out a preliminary investigation of a statement or report of a crime. This is necessary in order to determine if the corpus delicti is actually present. Next, we consider in more detail what is the procedure for pre-investigation verification.
General information
Conducting a pre-investigation check is considered an extremely important stage of the criminal process. From this stage, virtually all the activities of the law enforcement structure to detect, suppress and prevent crimes begin. This stage is connected with the requirements of the Federal Law governing the operational-search activity.
Tasks
Pre-trial inspection, the terms of which are limited to three, ten and thirty days, is carried out by law enforcement agencies to identify signs of an offense or lack of corpus delicti. At this stage, a survey of witnesses. The material of the pre-investigation check (protocols, documents and other papers), according to the CPC, is not procedurally evidence. Nevertheless, later it will become an integral element of the criminal case. A subsequent check allows you to establish the relationship between the actions of a person and the consequences that ensued as a result of them.
Primary requirements
Subsequent verification is carried out in accordance with the rules set forth in Art. 144 Code of Criminal Procedure. During the event, the body of inquiry, the interrogating officer, the head of the authorized department must accept and establish the reliability of the message about the upcoming or already committed offense. A decision on further actions should be taken within 72 hours from the moment the application was received.
Grounds
Subsequent verification is carried out by:
- The confession.
- Reporting or claiming an offense.
- The results of any other event prescribed by law.
Upon completion of the pre-investigation check, one of the following decisions shall be made:
- To initiate criminal proceedings.
- Send a message under the jurisdiction.
- Refuse to start production.
Employee Credentials
During events, officials have the right to:
- Familiarization with the materials of the pre-investigation check.
- Sample collection for a comparative study.
- Appointment of forensics.
- Obtaining research findings.
- Independent inspection of the place of events, documents and objects.
- Involvement of specialized specialists in the investigation.
- Instruction to the inquiry body to carry out operational investigative measures.
Rights of persons
Everyone who is involved in the production of procedural measures has certain legal capabilities. In particular, they can exercise their rights in an area where their interests may be affected. This concerns the opportunity to take legal assistance, refuse to testify against relatives or yourself. Event participants may also appeal the investigator’s behavior (inaction or action), bodies of inquiry and other authorized persons. This right is established by ch. 16 Code of Criminal Procedure.
Participants Responsibilities
By Art. 161 Code of Criminal Procedure, all persons involved in the preliminary investigation are warned of non-disclosure of production information. After the message is received, if necessary, the safety of participants is ensured. Protection of witnesses and other persons is carried out in accordance with established rules.
Additional activities
All data obtained during the audit can be used as evidence, subject to the conditions prescribed in Art. 89 and 75 of the Code of Criminal Procedure. In case of receipt from the defense or the victim of a request for additional measures or re-examination, it must be satisfied even after the initiation of proceedings.
Media reports
Such statements are checked on behalf of the prosecutor by the inquiry body. At the first request, the media editorial office is obliged to provide all the data it has if the source has not provided information on condition of anonymity. Materials, documents, photographs, information about the person who reported the crime may be claimed.
Message Acceptance
When applying, the person receives the relevant document. It puts the time and date, as well as information about the person who received the message. According to Art. 125 and 124 of the CPC, in case of refusal to receive a message, the applicant has the right to appeal against the official’s behavior. AT Art. 318 rules have been established for a judge to consider a message from a victim or his representative. The bodies authorized for preliminary investigation shall inform the person submitting the decision on the application in accordance with the requirements of the law. In addition, the citizen is explained the rules of appeal of the decision on the message.
Victim status
It is acquired by a person who has reported a crime committed against him, or whose interests and rights have been violated, after a criminal case is initiated and a decision is made. From this moment on, a citizen has the corresponding duties and rights provided for in Articles 42-45.
Other information
For the victim, the stage of the pre-investigation check begins either from the moment he submits an application to institute proceedings, or upon the commission of unlawful actions against him. The message expresses the citizen’s reaction to the behavior that has affected his interests and rights from unknown persons or the suspect. Of particular importance at this stage is the legally correct presentation of all the circumstances of the event, a description of the signs, actions. As a rule, the victim is in a restless state. When setting out the circumstances of what happened, you should first calm down, try to remember the details of the incident. It is advisable to contact the police as soon as possible. It is likely that in hot pursuit it will be possible to detain the violators.
In practice, it is not always possible to immediately report what happened. In any case, you must try to remember as many details as possible. If you managed to make out the face of the offender, then you should tell all his features. Statement of facts is best done in chronological order. You need to start with time, place, route. If the violators said something to the victim, you should try to reproduce their words as accurately as possible. You must also indicate the moment when the attack was committed.
Finally
It is difficult to exaggerate the significance that pre-trial verification has for law enforcement and judicial authorities. It is at this stage that primary information about the event is formed and then formed. All information received will subsequently be used during the investigation. These data take a certain procedural form. All information has evidential value, allowing to identify, nip the criminal activity of the offender, to hold him liable for what he did. As a result of this, further progress of the case will depend on how the received information and circumstances will be processed and analyzed during the audit. Law enforcement agencies, in turn, must respond adequately to reporting a crime or its threat.Employees should pay attention to the citizen and the information that he provides. The most complete picture can be obtained by asking the victim questions regarding the circumstances of the incident. The more data is obtained, the easier it is to subsequently establish the identity of the offender and find him.