The identification and subsequent investigation of crimes is mainly the responsibility of the police department and the prosecutor's office. More recently, significant changes and additions have been made to the legislation governing these issues. They are mainly associated with the new Code of Criminal Procedure, which entered into force on July 1, 2002. Next, we will analyze what constitutes the bodies of the preliminary investigation. The powers and their purpose will also be described in detail in the article.
General information
Before sending a criminal case to the court, which establishes the fact of the presence of an unlawful act, the guilt or innocence of the detainees, punishes them for illegal acts and applies other measures of responsibility, it is necessary to conduct an appropriate investigation. It is carried out in two forms: preliminary investigation and inquiry. The implementation of these measures is carried out by employees of the relevant departments.
Organs preliminary investigation and inquiries: feature
There is quite a lot in common between these structures. In this regard, they are often confused. Actually, this is not surprising. The bodies of preliminary investigation and inquiry have essentially the same purpose. If signs of a criminal act are revealed, department employees are required to institute criminal proceedings on this fact. Their work is based on the uniform requirements of the CPC.
Preliminary investigation bodies carry out activities to identify, verify, record evidence. Employees also analyze them. Perform the same tasks bodies of inquiry. At the same time, these activities are carried out by various officials and departments regarding various crimes. So, the inquiry is carried out by the interrogators, and the preliminary investigation is carried out by investigators. They have a different scope of opportunities in a criminal case.
The main differences
It should begin with the fact that the inquiry is carried out only with respect to crimes of medium and low gravity listed in Art. 150, part 3 of the Criminal Code. Moreover, these offenses are classified as obvious. This means that the person who committed the crime is known. The investigation of other offenses, obvious and non-obvious including but not included in the list of the above article, is carried out by the preliminary investigation bodies of the Ministry of Internal Affairs.
Department Structures
To the bodies of inquiry, in accordance with Art. 40 of the Criminal Code, include:
- The main bailiff of the Russian Federation.
- ATS of the Russian Federation.
- Operational units of the FSB of the Russian Federation.
- Chief Military Bailiff.
- Federal Border Service.
- The main bailiffs of the constituent entities of the Russian Federation.
- Commander units, military units.
- Senior bailiffs of the Constitutional, Supreme and Supreme Arbitration Courts.
- The fire service of Russia.
- Heads of military garrisons or institutions.
Pre-trial investigation authorities in Russia include employees:
- The prosecutor's office.
- ATS.
- FSB.
Under certain circumstances, the preliminary investigation is conducted by the heads of the investigative units of the prosecutor's office.
Nature of events
When investigating a criminal case, the inquiry bodies must act in two directions:
- To carry out activities that form the complex of the actual inquiry.
- Start urgent action.
It must be said that with the overwhelming majority of criminal offenses, these measures are carried out by the police.Urgent actions are carried out immediately after the initiation of a case in which a preliminary investigation is mandatory. Only in this case is it possible to quickly detect and record the traces of an offense, to collect evidence that requires immediate fixing, study and removal.
Inquiry is carried out according to the simplified order of the procedural forms and is characterized by a significant shortening of time in comparison with the preliminary investigation. So, according to Art. 15 of the Criminal Code, the activities must be completed after 15 days from the date of initiation of the case and before the decision to send the case to the prosecutor. The latter can extend the period, but not more than ten days. After carrying out the necessary measures by the interrogating officer, the case is transferred to the investigator. He will carry out further study in accordance with the established procedure.
The competence of the preliminary investigation bodies
The list of cases on which activities are carried out by these units is provided for in Art. 150 of the Criminal Code. The same article establishes jurisdiction. Provisions define specific crime categories which are subject to study by employees of different departmental affiliations. Thus, investigators of the prosecutor's office are authorized to investigate cases that are related to attacks on constitutional freedoms and the rights of a citizen and a person, his health and life; FSB officers - the most dangerous acts against the security of the political system and society; ATS representatives - illegal actions against the order, property, established rules for the operation of transport, and others.
Primary requirements
The system of preliminary investigation bodies is endowed with certain capabilities that ensure its procedural independence. Employees have the freedom to make decisions that are related to the progress of the proceedings and the implementation of necessary measures within the framework of the case. In cases provided for by law, decisions taken by the preliminary investigation authorities acquire their force only after obtaining the sanction or consent of the prosecutor or the court to take certain measures. This may be, for example, the termination of a case, the detention of a detainee, the release of the accused on bail, the extension of his detention, a search, etc.
Rights and obligations
The prosecutor gives written instructions for each criminal case. The preliminary investigation authorities comply with these requirements without fail. However, there are situations when employees do not agree with one or another instruction. In this case, the investigator has the opportunity to refer the case to a higher prosecutor. In this case, the employee must state their objections in writing.
If the arguments are convincing, the previous orders will be canceled by a higher prosecutor. If they do not seem sufficiently credible, then the case will be transferred to another employee. The bodies of preliminary investigation, in addition to procedural independence, have a certain power. They have the right to give employees of other units written instructions on the implementation of operational-search measures in the framework of a specific case in progress. Decisions adopted by the bodies conducting the preliminary investigation are binding on all institutions, enterprises, citizens, officials, organizations.
Search Operations
The activities of the preliminary investigation bodies are regulated by the Criminal Code. At the same time, operational-search measures are based on a slightly different legislative base. In addition to the Federal Law of July 5, 1995, regulation of this activity is carried out on the basis of a number of departmental by-laws. Along with this, there are some procedural differences.So, the bodies of the preliminary investigation of the Russian Federation begin their work in the framework of the case only after its initiation. Detective activities are not limited to this. They can be carried out if there is information about the preparation of the crime, but without enough data to make a decision on initiating a case. Also, operational-search measures can be carried out upon receipt of reports of missing persons or the discovery of an unidentified corpse.
Supervision
The system of preliminary investigation bodies is in the Office of the Prosecutor. Employees of the units are required to comply with all its requirements in a particular case. The process control can also be carried out by the directors of the direct investigation departments. They have the right to check the materials of the case, give instructions to the employees on the direction of studying the crime, taking the necessary measures, attracting people as accused, choosing a preventive measure against the detainees, on the amount of the illegal act and its qualifications. All instructions are given in writing. However, employees may appeal to their prosecutor. Departmental supervision is also entitled to carry out investigators from the control and methodological department of a higher unit. During the consideration of cases, judicial control over the legality of the measures taken is also carried out. Complaints are also examined about refusing to initiate an investigation, terminating it and other actions (inaction) of the prosecutor, investigator or inquiry officer, which may infringe on the freedoms and rights of the parties to the proceedings or impede civilians' access to justice.
Control Features
During the investigation, the relationships in which the preliminary investigation bodies of the Russian Federation and the prosecutor’s office are located are of a procedural rather than administrative nature. Prosecutorial control does not deprive employees of their independence. On the contrary, a higher official should increase it along with increasing responsibility for the lawful and timely implementation of necessary measures within the framework of the case, disclosing it, while avoiding petty custody of a lower level employee.
With the participation of the prosecutor in identifying, examining the scene of the incident, performing investigative experiments, and during the interrogation of the accused, witnesses or victims, he should not and cannot replace the investigator and take over his tasks. However, if there are questions to the interrogated, the prosecutor may ask them. This should be reflected in the relevant protocol. In any procedural action, the participation of the prosecutor is necessarily recorded in the procedural documents.
Rights and obligations of the prosecutor
The actions of a superior shall be considered incorrect if, present at the scene of the crime during the examination or execution of the investigative experiment, he gives orders to the investigator, who, in turn, performs only the procedural execution of actions. The prosecutor may intervene in the process when the investigator commits any violations of criminal norms and the law, procedural errors, leaves unclear the circumstances relevant to the proceedings.
If a full-fledged production was accepted by a senior official, it is responsible for the objectivity and comprehensiveness of the process. When checking a criminal case, the prosecutor draws attention to the quality of the investigation, its completeness, gives instructions that are binding. However, these actions should not limit the procedural independence of a downstream employee. The investigator cannot be placed in such conditions under which he needs to fulfill the instructions contrary to his inner convictions.
Cases in which the employee may not agree with the instructions of the prosecutor are given in Art. 36, part 3.These include instructions on attracting a citizen to participate in the case as an accused, the scope of the charge and qualification of the crime, detention, choosing a preventive measure, referring the case to a court or closing it. The above actions are considered decisive in criminal proceedings from stage to stage. However, this does not mean that the prosecutor does not have the right to resolve these issues after the completion of the work of the investigator. According to Art. 385 of the Criminal Code, after receiving a case with an indictment, he may terminate proceedings on it for any reason given in Art. 83, 84 of the Criminal Code. The prosecutor has the right to exclude certain episodes from the prosecution, apply the normative act on a less serious offense, take other decisions in the framework of this proceedings. The implementation of the above measures is no longer associated with the principle of the independence of the investigator in the procedural plan. A senior official takes these decisions, regardless of the position of the employee whose activities were considered completed by that time. The prosecutor has the right to both participate in the preliminary investigation and inquiry, personally, if necessary, to carry out certain activities, and, having opened a case or having taken it into his possession, to investigate in full independently. He confirms his participation in events recorded in the protocol with his signature.
Judicial Practice Materials
They act as one of the most effective means of contributing to the elimination and prevention of violations of the law in criminal proceedings, as well as improving the quality of preliminary investigations and inquiries. As a result, at the stage of preparing the case for a hearing, as well as directly during the trial, the prosecutor carefully checks the objectivity, completeness and comprehensiveness of the measures taken, compliance with the norms and requirements of the law.
Structure role
The functions of the preliminary investigation bodies include the protection of state interests, public order, civil liberties and rights. Opening the case, the service employees are fighting crime in general. The bodies of the preliminary investigation are units vested with executive power. Their employees are trying to do everything to remain worthy of the trust of the civilian population. The tasks of the preliminary investigation bodies require continuous building up and interaction of existing law enforcement services, as well as improvement of the working methods used. The leadership of the Ministry of Internal Affairs attaches great importance to the effectiveness and development of the structure.
The main attention in the organization of investigative measures is paid to improving the skill and professional level of employees, their ability to conduct and organize investigations in a high-quality and competent manner. Due to the current legislative framework, the sphere of influence of the structure is quite wide. So, on the basis of jurisdiction established by regulatory enactments, employees of the structure carry out a preliminary investigation in cases of more than 70% of crimes committed in the country.
Among them, more than 91% are offenses of an economic nature. Only highly qualified professionals are able to disclose many of these cases. Employees of the structure always see their duty in the ability to adequately respond to the challenge of time, improve their level, improve techniques and methods, implement the achievements of scientific progress in the work. The work of investigators is quite difficult. It is difficult to overestimate its significance, especially now, when crime takes on a more fierce character, which often manifests itself in terror and violence.
Finally
Each year, the emergence of new difficulties in the activities of the investigative system.Criminals are increasingly acting sophisticatedly today, using methods for offenses that greatly complicate their investigation and disclosure. In this regard, the leadership of the prosecutor's office was recommended to use specialization in the investigation of cases of intentional killings, bribery, theft of property and other misconducts that are difficult from an evidence point of view.
In practice, this means that one group specializes in solving crimes related to domestic conflicts, the other - with the violation of personal rights, the third - with receiving bribes and so on. When choosing a category of cases and appointing employees to conduct them, it is necessary to take into account the degree of their qualifications and experience, professional orientation, that is, the investigator's predisposition to investigate a specific type of offense. As practice shows, with well-organized specialization, the effectiveness of the disclosure of crimes that are considered complex on the evidence side and legal assessment is increased.