After a criminal case has been opened, the Code of Criminal Procedure of the Russian Federation comes to the aid of law enforcement agencies, which determines the rights and obligations of all participants in the process and, if necessary, imposes certain obligations on them.
The Code of Criminal Procedure of the Russian Federation, its essence and main features
The Code of Criminal Procedure of the Russian Federation is the main regulatory act that establishes the procedure and the correctness of the conduct of the criminal process, starting with the initiation of a case of a committed crime and ending with a trial using, if necessary, all international law and appealing against an unfair sentence.
Participants in the criminal process are all persons who are relevant to this trial. This is, first of all: the investigator or interrogator, the person who is suspected or accused of a committed act, the victim, the prosecution and defense, the court.
The main principles of the Code of Criminal Procedure are: legality, justice, equality of all participants in the process.
Obligation to attend
In article 112 of the Code of Criminal Procedure of the Russian Federation, there is such a thing as an “obligation to appear”. It is a document that imposes certain obligations on a participant in a process, and the person who is entrusted with these duties must fulfill them.
The obligation to appear is one of the measures of procedural coercion; if there are grounds for this, it can be used by the preliminary investigation bodies and even the court. Most often, this measure of procedural coercion is applied to those citizens who are suspected of committing any crime, and when there is at least one of the signs of a crime, but for certain reasons this is not enough to fully disclose the crime, there is not enough evidence and operational investigative measures delayed, or delayed further proceedings.
The obligation to appear is not a preventive measure, therefore this concept should not be confused with a recognizance not to leave, which imposes a ban on a citizen leaving the settlement where the preliminary investigation is being carried out. It is also worth noting that an obligation is just an agreement between an official and a participant in a case, the execution of which is done in writing and bears the status of an official document.
Sample Fill Obligation
The Code of Criminal Procedure does not have special forms to fill out the obligation to visit the investigator, interrogator or court, but there are certain requirements specified in Art. 112 of the CPC, which are to be indicated in the obligation drawn up by the bodies of the preliminary investigation or the court. On the basis of which the necessary sample is drawn up for filling this obligation.
It looks like this:
Obligation to attend
00.00.16 years Radiant (region, region)
I, Ivan Ivanovich Potapov, born on 12/10/1985, living and registered at the address: Radiant, st. Lesnaya, house 2, apartment 56, I give a real obligation to the investigator of the Investigative Department of the Radiation District of the Ministry of Internal Affairs of Russia, Major Mikhalkov Ivan Ivanovich, that until the completion of the criminal case against me under part 1 of article 199 of the Criminal Code of the Russian Federation, I undertake to appear at the first request of the investigator, and in the event of a change of place of residence, notify the preliminary investigation body of this.
Investigator Mikhalkov I.AND. I was explained the consequences of non-compliance with this obligation, including the application of preventive measures.
Suspect (signature) Potapov I.I.
Obligation to attend was received (signed) by the Investigator of the Radiant Department of the Ministry of Internal Affairs, Mikhalkov II
It can be seen from the above example that the obligation to visit the preliminary investigation bodies is handed over to the person against signature indicating all the necessary conditions for this obligation, which in case of failure to comply with these requirements entails unpleasant consequences, up to the point that a measure will be applied to the participant in the criminal trial suppression.
Witness obligation
In accordance with the requirements of the criminal procedure law, the obligation to immediately visit the internal affairs bodies and the court rests not only on the shoulders of the suspects about the accused, but also on witnesses who are irreplaceable participants in the process. Therefore, article 112 of the CPC provides for the application of such a measure of procedural coercion for a witness.
With regard to witnesses, the obligation to visit may be applied if the investigator, the interrogating officer or the judicial authorities consider it necessary to ensure that the witness appears in the case.
The obligation for the appearance of the witness is filled in the same manner as for the accused and suspect in the case.
Consequences of failure to appear under an obligation
If the person from whom the obligation was taken to immediately appear before the police or the judicial authorities did not appear at the indicated time and did not warn about this - this will be considered a violation of this obligation to the official and may entail other unpleasant consequences, up to replacements with a preventive measure in the form of recognizance not to leave.
In this situation, a criminal trial participant may be forcibly taken to a police station or to a court accompanied by police officers. Therefore, it is not necessary to think that all procedural measures concern only suspected and accused persons and bypass witnesses in the case.
Drive application
A drive is a compulsory escort of a person by the police to the preliminary investigation body or to the court if the person did not appear to give evidence and explanations within the period indicated in the obligation to appear.
The drive is carried out on the basis of the decision of the official to whom the citizen must be delivered who has violated the previously given promise of independent appearance.
According to Article 113 of the Code of Criminal Procedure, the implementation of the drive is possible even at night, if necessary for the investigation of the case.
Police officers who are authorized by the decision of the investigator or interrogating officer to carry out a drive may enter the housing of a person to be driven only with his consent.
Court attendance obligation
The obligation to appear in court is filled in exactly the same way as for the bodies of preliminary investigation, only at the place of name of the bodies of preliminary investigation and the official the name of the judicial body and, if necessary, the initials of the judge are indicated.
An example of an obligation to attend a court:
I, citizen Sidorov Ivan Nikolaevich (year of birth), am registered and residing at the address: Volgodonsk region, Yenisei district, village of Cherny, house 10, I undertake to appear in the court of Volgodonsk from (date) to (date) to give explanations and testimony on case No. 55/255 of the accused Makarov Sidor Ivanovich.
The consequences of failure to appear without good reason within the specified time period are strictly warned in accordance with the requirements of Article 112 of the Code on the conduct of criminal proceedings.
Witness (signature) I. Sidorov
Appearance of the accused
The accused in a criminal case must appear before the investigator, the interrogating officer or the court without fail, otherwise he will be brought to the court and delivered by force.
Failure to appear in court for the accused may result in very deplorable consequences, up to the application of a preventive measure against him in the form of detention if he is hiding from the investigation and the court,and also violates his obligation to voluntarily visit the bodies of the preliminary investigation and the court in due time.
A failure to appear in court usually ends with the arrival of the bailiffs who, unlike law enforcement officers, have the right to enter the house of the person under investigation without various prohibitions if there is a court order, and then deliver it to the court.
