The body of inquiry and the interrogator, their tasks and powers

The body of inquiry of the Code of Criminal Procedure of the Russian Federation describes how executive or an institution performing work aimed at ensuring clarification of the circumstances of the crime. It is carried out in accordance with the law and is associated with information about the possible commission of an unlawful act. Let us further consider what powers are assigned to the body of inquiry, the head of the body of inquiry, the inquiry officer.

General information

What structure can be considered as an inquiry body? The Code of Criminal Procedure of the Russian Federation establishes a list of units whose powers include ascertaining the circumstances of a probable crime. It is defined in the 40th article of the Code. These institutions include:

1. ATS.
2. The bodies of the FSB.
3. Federal structures of state protection.
4. Subdivisions of the intelligence service of the Russian Federation.
5. Bodies of the Ministry of Justice.
6. Psychotropic and narcotic drug trafficking control units.
7. Foreign intelligence structures of the Ministry of Defense of the Russian Federation.
8. Bodies of the FSSP.
9. Subdivisions of State Fire Supervision.

In addition, the inquiry body is an official. In particular, we are talking about:

1. Commanders of military units.
2. The heads of the garrisons.
3. Captains of sea vessels.
4. Heads of exploration wintering and parties.
5. Heads of diplomatic missions and consulates of the Russian Federation.

Police

It represents a system of state executive structures whose work is aimed at ensuring the protection of freedoms, health, rights, life of citizens, their property, as well as the interests of the state and society from criminal encroachments. This institution has the ability to use coercive measures defined in law within its powers. It is included in the system of the Ministry of Internal Affairs and is divided into criminal police (the body of inquiry) and ensuring public safety. The first part includes scientific and technical, operational-search and other units. Their competence includes solving operational problems and assisting the public security police. The structure of this system was approved by government decree No. 925. The composition of the Public Security Police includes:

1. Subdivisions of the teaching staff.
2. Duty parts.
3. Traffic police units.
4. Departments of private security.
5. IVS.
6. Precinct police.
7. Other units necessary for the implementation of the tasks.

FSB structure

Its organs include:

1. Departments (management) of executive power in the field of security in specific subjects of the Russian Federation. They are also called territorial units.
2. Federal Security Agency.
3. Border units.
4. Security agencies in the Armed Forces of the Russian Federation.
5. Other units that exercise certain powers or ensure the work of the FSB.

FSSP

The Federal Service of Bailiffs is working to ensure the order of the courts, the implementation of acts adopted by them and other authorized bodies and persons. Bodies of the FSSP also perform law enforcement and oversight functions. The service of judicial bailiffs includes territorial, specialized, inter-district and district departments - structural units.

State supervision

The units of state supervision in the field of fire safety include:

1. Bodies of the central apparatus of the federal Ministry for Civil Defense and Emergencies, the elimination of the consequences of disasters and natural disasters.
2. The groups, departments, inspections of the State Fire Supervision established to prevent and extinguish fires in administrative-territorial formations of a closed type.

Officials

Who specifically represents the body of inquiry in criminal proceedings? First of all, it should be noted that the institution itself cannot make any decisions. It also cannot carry out actions. The body of inquiry is a structure consisting of specific individuals. The main one is the head of the unit. All regulations addressed to the system by law cannot be circumvented by this person. In this regard, the correct opinion seems to be present in legal publications that the decisions made by the body of inquiry in criminal proceedings cannot be valid until they are approved by the head. Let us consider in more detail the specifics of its status.

Head of Unit

They can act not only directly to the boss, but also his deputy. In Art. 5, paragraph 17.1 of the Code, the head refers to the official who heads the relevant special unit. The procedural status is assigned to the head of the department, administration, department of inquiry, a group of employees of the police department, customs structure, unit for controlling the turnover of narcotic / psychotropic drugs, and so on. According to the provisions of the law, his deputy is also given equal powers with the head.

Functions

The official in whose submission is the body of inquiry, and the interrogating officer organize the implementation of necessary measures for the detection, prevention and suppression of criminal attacks. They also take measures to identify and expose the perpetrators. The legislation establishes the duties of the chief regarding cases in which a preliminary investigation is necessary. In particular, in the manner prescribed by the code, the head must assist the authorized employee in making the latter decision on the issue of the presence or absence of grounds and reasons for starting production.

The official heading the body of inquiry has the right to initiate proceedings. If necessary, the head can personally take urgent measures to identify the circumstances of a probable crime. He also has the right to entrust them to the appropriate employees of his unit. This possibility is enshrined in Art. 146 of the code. The head ensures the execution of instructions given by the investigator, prosecutor or official heading the investigative department, and the implementation of operational-search measures by subordinate employees.

His powers also include organizing the participation of employees in the production of certain procedures carried out by employees of other units in cases established by law. The person who heads the body of inquiry shall transmit the results of activities carried out according to instructions to the departments or employees from whom they came. At the request of the prosecutor or the head of the authorized unit, he allocates the necessary number of subordinates to participate in identifying the circumstances of a probable crime as part of the operational group. The instructions that the investigator sends to the body of inquiry are binding on them. Their appeal does not suspend their implementation.

Subordinates

Employees who are part of the inquiry and preliminary investigation have a special legal education. In addition, employees have relevant work experience. The list of persons who are endowed with the necessary authority is approved by order (order) of the unit head. The employees included in the body of inquiry and preliminary investigation, after the appearance of the grounds for starting the proceedings in the case, verify the information about the crime. This procedure is carried out as directed by the head. The boss assigns it to a specific employee.

Ban

The legislation does not allow the imposition of powers to conduct preliminary activities on the inquiry body that conducted them earlier. The CPC formulates this prohibition in Art. 41, part 2. This restriction is due to the fact that employees would make decisions in this case, based not only and not only on the evidence present in the case file, but also on the operational-search data.

Employee Credentials

The interrogator, in accordance with part three of the 41st article of the Code of Criminal Procedure, may:

1. Independently carry out appropriate measures, make decisions within the framework of the proceedings. The exceptions are cases where the inquiry agency, prosecutor or court must agree to this.
2. To exercise other powers provided for in the code. These include, in particular, the implementation of certain measures by order of the investigator, the maintenance of state charges in court on behalf of the prosecutor, etc.

additional information

Within the limits of his authority, the investigator may give written requests to the inquiry body. In particular, he may order to carry out operational investigative measures, to execute a decision on detention, arrest, drive and so on. The purpose of such an instruction is that the investigator, performing the main work personally, in the process of resolving some issues can take advantage of the assistance of the inquiry officer. In some cases, it becomes necessary to conduct operational-search measures outside the jurisdiction. In such situations, Part 1 of Art. 152, under the provisions of which the employee can send the appropriate order to the authorized structure at the place of production of events. The inquiry body is obliged to fulfill a separate order of the investigator in a period that does not exceed ten days.

Specificity of indications

The appropriateness of the instructions is established by the possibility in a short time and with minimal organizational and procedural efforts to carry out activities aimed at:

1. Disclosure, prevention and investigation of crimes.
2. Bringing to justice, established by law, perpetrators.
3. Investigation of the subjects who committed an infringement, ensuring their proper behavior.

The instructions are usually addressed to the official heading the inquiry body. The CPC provides an opportunity for an employee to name a specific employee who is responsible for executing an order. Depending on the purpose, directions can be classified into groups. For example, they may be aimed at collecting and verifying evidence. An investigator’s order addressed to the inquiry body may relate to the use of coercive measures within the competence of the unit. Instructions are also sent to carry out certain search and operational activities.

Conclusion

It must be said that investigative structures and bodies of inquiry are in constant close interaction. Between these units is a constant exchange of information. The inquiry body performs the most important work in the framework of the proceedings. He not only checks information about probable crimes, but also conducts urgent operational measures. Of great importance in organizing the work of the unit is the activity of the head. The effectiveness of the events, their timeliness, relevance depends on his professionalism.

Instructions that come from the investigating authorities are binding. This, however, does not mean that employees responsible for their implementation cannot express disagreement with them. So, the sanction of the prosecutor can be appealed to the official standing above him, the instruction of the investigator to the head of the relevant department. However, the contest does not suspend the execution of orders. Inquiry bodies act as one of the key links in the criminal procedure system.The result of operational-search measures, timely identification of criminals and prosecution of perpetrators often depends on their work.