The initiation of a criminal case is one of the stages of the process. The reason for this is: a statement of crime; the decision of the prosecutor on the direction of the materials of the case to determine the criminal prosecution to the preliminary investigation body; a message received from other sources about an illegal act being prepared or executed; surrender.
Grounds for initiating a criminal case: information indicating signs of a criminal act; evidence sufficient to initiate criminal proceedings.
In our article, we will consider all aspects on this topic, as well as examine the reasons and grounds for initiating a criminal case.
Initiation of criminal proceedings on the basis of a statement of crime
Decision on criminal prosecution accepted after submitting a written or oral application. To do this, contact the appropriate authority. On based on the application filed orally, a protocol is drawn up. This document is signed by the person who drew it and the applicant. The protocol shall contain information about the person who reported the commission of the criminal offense, as well as identification documents. The protocol is drawn up by a law enforcement officer.
The initiation of a criminal case upon the discovery of signs indicating the commission of an illegal act may occur as a result of obtaining information about a crime being prepared or already committed. Based on this, a report is compiled.
The person submitting the application is warned of the liability for criminal reporting provided for in criminal law, which is knowingly false. In support of the warning, the applicant signs the protocol.
According to an anonymous report, criminal proceedings are not instituted.
Confession Turnout
Confession - a report of a committed criminal act, provided by a person voluntarily to law enforcement agencies.
Such a statement may be either oral or written. If the message is in words, then the authorized person draws up a protocol that is signed by the person who committed the crime. As a rule, surrender is always taken into account during the investigation and trial. It allows the defendant to count on a loyal attitude towards him.
Report on planning or committing a criminal act received from other sources
Information about an upcoming or committed crime, obtained from other sources, may serve as the basis for the opening of proceedings in the case by the body of inquiry, prosecutor, investigator or interrogating officer.
For example, such a message may be information contained in various mass information sources about the planning or commission of a crime. On this fact, law enforcement agencies should draw up a report, which will talk about the detection of signs of a criminal act.
Reporting and consideration of a crime
Upon receipt of a message about a crime being prepared or committed, law enforcement agencies are required to carry out an inspection. During this event, reasons and grounds for initiating a criminal case are established.
During the audit, the person conducting it has the right to receive the following information:
- Explanations
- Necessary documents and items.
- Samples for comparative analysis.
- Inspect the corpses, the place where the crime was committed, objects and documents.
- Conduct a survey.
- Attract specialists to participate in the production, give instructions on the necessary investigative measures, etc.
Participants in the proceedings are explained their rights and obligations. If necessary, security is provided to witnesses or other participants in the process.
The evidence obtained during the audit and the results of operational activities are qualified as evidence. They are documented. If criminal proceedings have already been instituted, and the victim or defense counsel has filed a motion for the start of a second forensic examination, then it is satisfied. In the event that a report of a crime is received, for example, from mass media sources, it is checked on the basis of an order. If necessary, and the existence of certain grounds, the inspection period may extend up to thirty days. After that, the relevant authorities are required to conclude. The accepted report of the fact of the crime implies the preparation of an appropriate document, which is issued to the applicant.
The decision that is made based on the results of the audit
Based on the results of the consideration of the application for a criminal act, one of the decisions is taken: to initiate or refuse to initiate a criminal case; transmit the crime report for further verification.
Law enforcement agencies are required to inform the applicant of the decision.
If they refuse to initiate criminal proceedings, and the person does not agree with this, he has the right to appeal the decision in the manner prescribed by law.
Criminal proceedings instituted as a result of an audit are of a public, private and public-private nature. Each of them has its own characteristics, which differ in reasons and grounds.
Criminal Proceedings: Public Prosecutions
The decision to initiate a criminal case in public prosecution, if there is reason and reason, is taken regardless of the will of the victim himself, as well as participants in the process who have a legitimate interest. For example, such cases in criminal law include: murder, hostage taking, grievous bodily harm, etc.
If in the course of the preliminary investigation sufficient reasons and grounds for initiating a criminal case have been established, an appropriate resolution shall be issued on the fact. A copy of this document is sent to the prosecutor. If the decision is recognized unreasonable or unlawful, the prosecutor's office has the right to cancel it, which is a separate decision. A copy of the final result is sent to the official initiating the criminal case.
The accused or suspect, as well as the applicant, are required to be notified of the decision.
Public criminal cases do not stop if the parties have reconciled. These are the particulars of initiating a criminal case of a character under consideration.
Criminal Proceedings: Private Prosecution
Criminal cases with this wording are instituted only at the request of the injured party or his representative. An exception is cases when a person, due to circumstances beyond his control (for example, a helpless state), cannot protect himself. Without a corresponding statement from the injured party, the case cannot be initiated, even if law enforcement authorities became aware of the fact of the commission of the criminal act.
Such cases include: beatings, slander, etc.
Such criminal cases are terminated if the parties were able to agree (the accused and the victim). Reconciliation is allowed until the court retires to the deliberation room for sentencing.
Criminal Proceedings: Public-Private Cases
Criminal cases of this nature are instituted after the application is submitted by the victim or his legal representative. But they do not stop in case of reconciliation of the parties. A criminal case can only be terminated when the accused compensated for the harm caused and reconciled with the victim, and he, in turn, wrote a request to terminate the proceedings. For example, a criminal case for rape, violation of copyright and related rights, the inviolability of the home is a matter of concern. And this means that the process can be stopped.
Unlawful criminal proceedings
If the suspect or the accused considers it unlawful to initiate a criminal case, then he has the right to appeal it in court by drawing up a complaint. It indicates the initials of the employee who issued the decision and the law enforcement agency in which he works. The complaint also records the article under which the case was instituted and lists all the violations of the criminal procedure law. The complaint must be supported by documents confirming the illegality of the initiation of criminal proceedings.
Reasons for failure
Let us consider in more detail in what situations this happens. The legislation establishes the following grounds for refusing to institute criminal proceedings:
1. The lack of corpus delicti in the act. That is, there are no signs. Or, the act that occurred and is reported in the statement does not imply holding a person accountable.
2. Expiry of the statute of limitations provided for criminal prosecution. For example, the time established by law, depending on the severity of the act, has passed from the beginning of the commission of the illegal act. For example, for crimes of moderate gravity, a six-year statute of limitations is provided.
Refusal to institute criminal proceedings
In the event that there are no sufficient reasons and grounds for initiating a criminal case, an appropriate decision is made on this fact.
If the investigation in the criminal case has not yielded any results, the question of initiating a case for false denunciation of the applicant is considered.
When a criminal proceeding is opened on the basis of information from mass media, a notice of refusal to institute it is published for public viewing.
The applicant or his legal representative shall have the right to appeal the refusal to institute criminal proceedings. If, as a result of the audit, it is recognized that the fact in question was unreasonable or illegal, the prosecutor cancels the decision on refusal. He makes an appropriate decision, which indicates the specific circumstances of the case, requiring additional verification.
If the authority rejects the refusal to be unlawful or unreasonable, a court order is issued that is sent for execution. The applicant is notified of it.
Start of investigation
After the initiation of a criminal case, a preliminary investigation is carried out. The procedure under consideration begins from the moment of the official opening of production. This fact is issued in writing.
End of preliminary investigation
The study of the circumstances of the criminal case is considered completed after summing up the work on it, as well as assessment of evidence. After the investigation is recognized as comprehensive and complete, a decision is made to end it, which is reflected in an official document.
Completion forms preliminary investigation include:
- closing indictment;
- decision to end the criminal case.
If necessary, a decision is prepared in court, the purpose of which is to apply medical measures.
Is it mandatory to consider a statement of crime?
The investigator or investigator is required to respond to each allegation of a crime. During such a trial, the accused, suspect, victim, defense counsel, civil plaintiff and defendant, as well as their representatives, are allowed to interrogate witnesses if the participants in the process petition for this and the conduct of these actions is important for the case.
If the applicant was denied to accept the application, he has the right to appeal such a decision by submitting an appropriate petition to the prosecution authorities.
