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An interrogator is ... Definition, functions and responsibilities

Not all people, even those connected with jurisprudence, know how the interrogator differs from the investigator. Meanwhile, already at the stage of filing an application with a law enforcement agency, it is extremely important to be able to understand the features of a particular position. This will significantly save time and speed up the process. Let us further consider who the interrogator is. the interrogator is

General information

What is an "interrogator"? As a general rule, it acts executive, conducting activities on reports of crimes referred to in the first paragraph of the third part of Art. 150 Code of Criminal Procedure. The rest is the investigator. In addition to this general rule, the instructions of the prosecutor may apply.

Credentials

An interrogator is an employee authorized by the head of his department to carry out preliminary activities regarding the clarification of the circumstances of a crime. He possesses only those powers that are established for him by the CPC. The law establishes that the duties of the inquirer cannot be assigned to the employee who conducts or carried out operational-search measures for this crime. This restriction is fixed in article 41 of the CPC. Thus, the performance of operational investigative activities on behalf of the investigator is addressed the body of inquiry. As part of the latter there is a corresponding service.

what is the difference between an investigator and an investigator

Classification

Speaking of who the interrogator is, it is necessary to clarify that the employee can:

  1. Take urgent action. This, in particular, is about activities, delaying which can lead to the loss of evidence, evidence of crime, information and so on.
  2. Conduct a full investigation in the form of an inquiry.

The procedural status of employees in these cases implies a particular scope of authority.

Activities

If we talk about who the interrogator is in the structure law enforcement, it must be said that they are a relatively independent employee. He himself has the right to carry out certain events, as well as make certain decisions. The exception is cases when it requires the approval of the prosecutor, a court decision or agreement with the head of the department. An investigator is an employee who reviews and verifies reports and allegations of crimes. Based on the results of this activity, the employee decides to initiate production or refuse it. The decision to initiate operational investigative measures is sent to the prosecutor. The latter, having received the document, must give his consent or make a decision to refuse this. The prosecutor can also send materials for additional verification. It is carried out by the inquiry officer. Cases in which positive decisions are made are accepted for production. Having certain powers, the employee has the right:

  1. Call citizens for interrogation.
  2. Invite professionals.
  3. To conduct a search, inspection, detention of a subject suspected of a crime, examination, seizure and other procedural measures.

who is the inquirer

If necessary, the employee can order an examination, wiretapping and other conversations.

Additional features

The CPC also provides for other powers that the investigator has the right to exercise. It:

  • Providing compensation for material damage caused by a crime.
  • Recognition of the subject as a victim, civil defendant or plaintiff.
  • Providing the accused / suspect with the right to defense.
  • Submission to the court of a complaint of the subject in custody about the groundlessness and illegality of the application of this preventive measure, etc.

Challenging employee actions

Any entity involved in the production may challenge the employee. The law also provides parties with the right to appeal against actions or decisions that the investigator has committed and taken. This, however, does not mean that the employee must stop performing an activity. The instructions of the prosecutor are binding on the employee. In case of disagreement with them, the employee may challenge them. To do this, he sends his objections in writing with their justification to a higher prosecutor. However, the appeal process does not suspend the obligation to comply with the instructions received. If necessary, the employee may voluntarily refuse to proceed with a specific crime. case investigator

What is the difference between an investigator and an investigator?

Both of these employees are law enforcement officers. However, the investigator has a wider range of powers than the interrogator. The first can initiate production, take it under its jurisdiction, direct it according to territoriality, and carry out procedural measures. He is empowered to give the investigator written instructions to carry out certain investigative (operational-search) actions. Even in case of disagreement with the instructions received, the employee must comply with them.

Jurisdiction

Investigators conduct proceedings on more complex crimes, and the activities of investigators are associated with acts of small and medium gravity, mainly. The latter, in fact, save the former from all sorts of "small things." The competence of investigators includes simple formulations with a relatively low social danger. The categories of employees under consideration have different levels of training. As interrogators in law enforcement agencies are mainly district inspectors and security officers. The specialized service conducts a clarification of circumstances on 68 compositions provided for in the Criminal Code. The jurisdiction of investigators and investigators is determined by Articles 150 and 151 of the Code of Criminal Procedure.

what is an interrogator

Independence

The investigator is entitled to give orders not only to the body of inquiry. He can address orders to other structures and law enforcement units within his competence. The interrogator performs all the activities independently. He himself receives the application, reviews and verifies it, takes the necessary actions, sends the case to court. At the same time, many events require coordination with the head of the department or the prosecutor. The investigator has the right to independently decide on the initiation of proceedings. The employee is also authorized to draw up an indictment without coordinating this action with the prosecutor. Moreover, his decision will take appropriate legal force. The investigator can resume or pause preliminary investigation. He has the right to challenge the decision of the prosecutor's office (for example, to cancel the decision to institute proceedings). An interrogator may dispute only instructions and instructions of higher authorities addressed to him.

duties of the inquiry officer

Representation

The interrogator must fulfill all his obligations stipulated by law, without restrictions. He can conduct some events on his own, guided by his own convictions. If, for some action, a departmental provision is provided that requires the interrogating officer to obtain approval from the head or the prosecutor, he must execute it. At the same time, the absence of a superior’s signature on the decision is not considered as a violation of the lawfulness of the act by the prosecutor or as a basis for the recognition of evidence subsequently obtained by the court as unacceptable.The employee to whom the duties of the inquiry officer have been delegated does not have such broad authority.


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