Inquiry and preliminary investigation. Suspension and completion of the preliminary investigation

Inquiry and preliminary investigation are carried out by authorized bodies and persons. The purpose of these events is to identify the person responsible for the crime, clarify the circumstances of the incident.

general characteristics

Inquiry and preliminary investigation are procedural procedures. They are based on the general principles and requirements of the CPC. Authorized bodies in their activities implement common tasks. Preliminary investigations and inquiries relate to one stage of production - the investigation of crimes. Despite the similarity of the procedures, however, there are a number of significant differences between them.

Subjects

The preliminary investigation is carried out by authorized bodies and persons. For them, the implementation of this procedure acts as the only, primary responsibility. Inquiry is carried out by bodies specified in the law, as well as their employees. For these entities, it is only one of the responsibilities that is realized in carrying out tasks related to management or maintaining order in a particular area of ​​public life. The preliminary investigation was entrusted to 4 institutes:

1. The prosecutor's office (military and civilian).
2. Subdivisions of the tax police.
3. ATS.
4. FSB units.

Inquiry is carried out by various bodies, the number of which significantly exceeds the number of investigative structures.

Methods

During the preliminary investigation, authorized structures and employees carry out a limited range of actions. These, in particular, include procedural measures defined in the law. In the performance of their duties, investigators combine investigative and other actions with operational investigations. The latter are carried out using special equipment, through investigation, using scientific, technical and other means. These actions provide the most rapid disclosure of the crime, the identification of the entities responsible for it, persons who evade prosecution, punishment.

Competence

Investigators are responsible for cases of moderate and minor crimes. As a rule, they take place in the field of public order protection and management. Such acts are considered less dangerous and not so difficult to study. They are disclosed in the process of performing administrative functions and ensuring public safety and order. The preliminary investigation is mandatory for crimes related to grave and especially grave. These acts pose a serious threat to society, are labor intensive and difficult to disclose.

Process mode

If a preliminary investigation is necessary for a crime, urgent measures are carried out within ten days. The law does not provide for the extension of this period. If an inquiry is sufficient to solve the crime, then preliminary measures are carried out within a 15-day period. This period may be extended by the prosecutor, but no more than 10 days. A preliminary investigation (preliminary investigation) can last no more than two months. Any prosecutor can extend it (from the district to the prosecutor general).

Familiarization with the materials

The completion of the preliminary investigation involves the provision of the collected information to civil defendants and plaintiffs, as well as their representatives at the request. These persons are also entitled to write out the necessary information from the materials.Upon completion of the inquiry, which exhausts the disclosure of the crime, only the victim, the accused and their representatives are given the indicated capabilities. To familiarize themselves with the materials and extract the necessary information from them, they must also file a petition. The completion of the preliminary investigation also provides for the preparation of an indictment. Together with the collected materials, this document is sent to the prosecutor.

The level of procedural independence of authorized persons

A preliminary investigation in a criminal case implies more opportunities for officials who carry it out. In particular, employees may:

1. To order the commencement of the persecution.
2. Coordinate the process yourself.
3. Decide on the implementation of investigative and other procedural actions.

In the latter case, however, a number of restrictions are provided. To perform certain actions, an authorized person must obtain the sanction of a prosecutor or court. This requirement is established in Art. 38 Code of Criminal Procedure. Investigators are not vested with the right to independently decide on the start of the prosecution. They have a fairly narrow circle of powers. For example, their competence does not include the suspension of the preliminary investigation, its termination or resumption. Regarding the activities that they carry out within the framework of their authority, such a right generally belongs to their leaders and the prosecutor.

Appeal of instructions from higher authorities and persons

The investigator may not agree with the decision of the prosecutor about:

1. Involving the subject as an accused.
2. Stopping the prosecution or sending materials to court.
3. Qualifications of the act.
4. The scope of the charge.
5. The selection, amendment, cancellation of preventive measures.
6. The removal of the investigator or his removal from the subsequent investigation.
7. Refusal to give consent to submit a petition on the choice of a preventive measure or the implementation of other procedural measures.

In these cases, the authority of the employee includes the suspension of the preliminary investigation with the submission to the higher prosecutor of his written objections along with materials on the crime. The latter, in turn, may also not agree with certain instructions given to the opposing official. For investigators, the law provides for a different procedure, according to which all orders, including those listed in the list above, are mandatory. Their appeal is not an obstacle to their implementation.

General order

The essence of the preliminary investigation is to identify and consolidate the traces of the crime, to establish the identity of the perpetrator and other circumstances of the incident. Upon receipt of a message or statement about an illegal action being prepared or already carried out, authorized officials:

1. Stay at the scene immediately after receiving the specified information.
2. Provide crime scene protection.
3. If necessary, provide first aid to the victim and establish his identity.
4. They take measures to ensure that the situation remains intact until the arrival of the investigator.
5. They collect the necessary information about the circumstances through a survey of witnesses, people living nearby, establish the identity of eyewitnesses.
6. If possible, find out information about the alleged offender, take measures to detain him.

Urgent action

The preliminary investigation of the case includes the implementation of a number of measures, delay with which may lead to:

1. Lose / damage traces of crime.
2. Difficulties in detecting and fixing signs of an act.
3. The appearance of the offender the opportunity to evade prosecution.

The current CPC does not provide a complete list of urgent actions. In practice, they traditionally include:

• Survey.
• Notch.
• Inspection
• Interrogation of the victim.
• Search, etc.

Procedural procedures

After taking urgent measures, but no later than 10 days from the date the prosecution began, the body of inquiry should be transferred to the prosecutor. From this moment, the commission of any action to solve the crime should be authorized. Preliminary investigation and operational-search measures are carried out with notification of higher authorities about their results. This is especially true in cases where the suspects were not identified in the course of urgent actions.

Operational-search activity

The preliminary investigation is aimed at identifying information about:

1. Witnesses, eyewitnesses of crimes, including those being prepared.
2. Objects of abuse and persons guilty of them.
3. The places of storage of illegally seized property, documents and objects that are relevant to the disclosure of the act.

The preliminary investigation includes search measures aimed at detecting persons suspected of crimes. In the process of performing certain actions, the identity of the subject is established, its location is clarified. The results of operational investigative measures are used to prepare and carry out other investigative actions. They also act as evidence after appropriate verification and consolidation. Operational search support is appointed after the materials have been sent to the prosecutor in order to find the person guilty of the crime, exclusively on behalf of the investigating authority.

Indictment

The preliminary investigation concludes with a document that states:

1. Place and date of registration.
2. F. I. O., the position of the employee making up the act.
3. Information about the subject held liable.
4. The time and place of the act, motives, methods, goals, consequences and other circumstances of significant importance.
5. The wording of the charge with reference to paragraph, part, article of the Criminal Code.
6. List of evidence confirming the guilt of the person involved, list of facts indicated by the defense.
7. Mitigating and aggravating circumstances.
8. Information about the victim, the amount and nature of the harm caused to him.
9. The list of persons who should be summoned to court.

The approval of the indictment is within the competence of the head of the body that conducted the operational-search and other procedural measures. This document, together with the collected materials, is sent to the prosecutor. The latter should study them within two days.

Decisions of the prosecutor

The specified official, having examined the received indictment and materials, makes one of the following decisions:

1. On the return of the case in case of non-compliance with the requirements of Art. 225 Code of Criminal Procedure. In this case, the body that carried out the procedural measures must draw up the indictment properly and send it again to the prosecutor. The latter may extend the inquiry period by no more than 3 days.
2. On the approval of the act and the submission of materials to the court for consideration on the merits.
3. About the termination of prosecution on the grounds established in Art. 24-28 Code of Criminal Procedure.
4. About the direction of the materials to the preliminary investigation.

If the prosecutor approves the indictment, he has the right to exclude some points from it, to re-qualify the charge. Such actions should be enshrined in the relevant decree.

Court and preliminary investigation

One of the most important guarantees of compliance with the law during the prosecution and disclosure of a crime is the monitoring of the activities of employees performing operational-search and other procedural measures .. Only the court has the right to make decisions:

1. On the extension of the period of detention.
2. About a search or seizure in the home.
3. About the choice of a preventive measure in the form of house arrest, detention, bail.
4. On inspection of the home without the consent of the persons living in it.
5. On the placement of a suspect who is not in custody in a psychiatric or other medical facility for examination.
6. About personal search, except for the cases established in Art. 93 Code of Criminal Procedure.
7. On the seizure of correspondence, permission to seize it and inspection in a communications institution.

In the framework of pre-trial proceedings, the court has the right to consider complaints of inaction / actions, decisions of investigators, the prosecutor in the manner and in the cases established in the CPC. If the examination of materials in the first or subsequent instances reveals the incompleteness of the measures taken, the incorrect qualification of the act or other violations, the court takes appropriate measures to eliminate them. If there are grounds, he shall issue a private decree (determination). In this document, the court draws attention to the facts of violation of the requirements of the law revealed during the review, requires the adoption of appropriate measures to eliminate them and prevent them in the future.

Additionally

Some investigative measures may only be carried out with the permission of the court. In Art. 165 of the CPC regulated the procedure for obtaining this consent. It involves the following steps:

1. By agreement with the prosecutor, the investigator submits to the court a request for the implementation of a specific measure requiring the permission of the court. It must be accompanied by an appropriate decree of the employee.
2. The court solely considers the application within 24 hours from the moment of its adoption. An employee and a prosecutor may participate in the meeting.
3. Upon completion of the consideration of the application, the court shall render a decision. By his decision, he can authorize the execution of the requested event or refuse it with an indication of the motives that guided him.

Supervisory functions of the prosecutor

This is the next official after the court who is authorized to monitor the work of the investigation. In particular, the prosecutor has the right:

1. Check compliance with the requirements of the Federal Law upon receipt, registration and resolution of statements and reports of crime.
2. Make a reasoned decision, according to which the materials are sent to the investigating authority for a decision on the issue of criminal prosecution on the facts of violations of the law revealed by the prosecutor.
3. Require authorized bodies to eliminate the shortcomings and consequences of non-compliance with the requirements of regulatory enactments.
4. Consider the information of the investigator provided by his head about disagreement with the instructions of the prosecutor and make a decision on it.
5. Return materials with written orders to carry out additional measures, change the qualification of the act or the scope of the charge in order to correct the indictment or the conclusion and eliminate the discovered violations.

Departmental supervision

It is carried out by the head of the investigative body. The head, in particular, checks the timeliness of the actions of officials to solve and prevent crimes, takes appropriate measures for the most complete, objective and comprehensive implementation of the established measures and procedures. The head of the department is vested with the rights:

1. Check the criminal case.
2. Give orders to employees on the implementation of certain activities.
3. Make a decision to bring the subject as an accused.
4. Give an indication of the qualification of the crime.
5. Arrange about sending materials, performing certain actions within the framework of the preliminary investigation, transfer the case to another employee, entrust the investigation to several experts, etc.

The head of the unit approves the decision to end the persecution. He may return the materials to the investigator with his written instructions for an additional investigation.An appeal of the orders of the head does not suspend their execution, with the exception of cases provided for in the Code of Criminal Procedure. The head of the investigative unit reviews the requirements received from the prosecutor for the elimination of violations of the law committed at the stage of the preliminary investigation. The head of the department has the authority to accept a written objection to these regulations. In this case, the head of the unit either sends a notice to the prosecutor about his disagreement with the requirements, or gives the investigator an order to fulfill them. The latter should be in writing.