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Short form of inquiry - what is it? Features of the abridged inquiry

The problems of inquiry in abbreviated form have been discussed in the legal community for a long time. As a result of discussions, Federal Law No. 23 was adopted. This law introduced a number of amendments to Articles 303 and 62 of the Code of Criminal Procedure. It should be said that the Russian legal system in the past already had experience in implementing a simplified investigation. Let us further consider, in the context of existing practice, the features of inquiry in abbreviated form. shortened inquiry form

General information

The law clearly defines that the production of an inquiry in an abbreviated form involves the subsequent consideration of materials under the rules of a special trial. They are established in chap. 40 of the Code of Criminal Procedure. In principle, the established model does not cause any objections. However, when analyzing the articles, doubts arise about the possibility of proper implementation of the simplified design.

Inquiry: general order (short form)

The legislation provides for a number of conditions for the implementation of the construction in question. First of all, the norms established that inquiry in abbreviated form is carried out only in those cases that are under the jurisdiction of the relevant official. In this case, criminal prosecution should be initiated in relation to a specific subject. Another essential condition is that the suspect must plead guilty to the crime in full, agreeing with the actual and legal assessment of his conduct, including the size and nature of the damage caused. Inquisition in abbreviated form is possible only at his request and with the consent of the victim. Moreover, the latter may appear during the investigation within three days from the initiation of the case. shortened inquiry

Obligations and rights of participants

The parties to the shortened inquiry have all the legal capabilities provided for its implementation according to the general rules. The situation is similar with responsibilities. The term of inquiry in a shortened form is 15 days. If necessary, its extension is allowed for 5 days. In this case, in accordance with the requirements of the law, the indictment must be drawn up no later than 10 days from the date of the decision on the execution of the inquiry in abbreviated form. Normative acts do not provide any restrictions on the application of coercive measures to the suspect. The accused and his representative (counsel) must be acquainted with the decision and the case file.

The essence of the procedure

The shortened form of inquiry of the Code of Criminal Procedure of the Russian Federation is considered as a simplified process of establishing the circumstances of a crime and collecting materials. The essence of the procedure is to reduce the very subject of proof. In addition, the re-establishment of information that contains preliminary verification materials is excluded. In this case, the interrogator is entitled not to verify evidence that was not challenged by the suspect, victim, or their representatives. At the end of the process, the official draws up an indictment. Together with the case file, it, after being approved by the department head, is sent to the prosecutor. abbreviated form of inquiry

Exceptions

In what cases is the shortened form of inquiry not used? The CPC does not allow a simplified procedure when:

  1. Suspect minority.
  2. There are grounds for applying the provisions of Ch. 52 of the Code.
  3. Implementing coercive medical measures.

If these circumstances are identified, the implementation of this investigation option may be terminated at any time until the judges are removed to the deliberation room. Similar consequences are foreseen if the victim, suspect / accused expresses a desire to terminate the inquiry in a simplified form. shortened inquiry period

Unlimited Jurisdiction

As mentioned above, the abbreviated form of inquiry is applied in cases administered by the relevant official. The previous Code established a closed list of crimes for which its use was allowed. Currently, the abbreviated form applies to all cases under investigation by the interrogating officer. The number of committed acts, their repetition do not affect the choice of law enforcement simplified procedure. It is worth saying that the initial draft law assumed that a shortened form of inquiry would be used in the investigation of all crimes of medium and low gravity. However, this provision provoked a negative reaction from the Legal Department under the State Duma apparatus. Its representatives indicated that, for a number of acts, a simplified procedure was unacceptable. shortened inquiries

Suspect's consent

A shortened form of inquiry is used when a number of conditions are met. One of them is the presence of the consent of the suspect with the actual and legal assessment of his act. This involves admitting his guilt. This moment is recognized by many experts as positive. This is due to the following. If the suspect agrees to a simplified procedure, the legislator guarantees him a privilege. It is expressed in the establishment of 1/2 of the maximum prescribed punishment. This suggests that the shortened form of inquiry has the features of a contractual institution. However, in this case, there is a possibility of abuse by the prosecution. In this regard, experts indicate the advisability of establishing an additional rule. In particular, it assumes that a shortened form of inquiry is allowed when the official has enough materials available that give reason to suspect a particular citizen. Such a situation would orient employees to collect other evidence, and not just to obtain recognition from the subject. general short form inquiry

Consent of the victim

The position of the affected party, the law attaches decisive importance in deciding whether to carry out the inquiry in abbreviated form. According to some experts, this is an erroneous point of view that reduces the effectiveness of the procedure in question. Researchers point to the need for participation in the conciliation process of all entities, including the state body, the prosecutor and the defense. From the analysis of Art. 226.2, para. 1 p. 6 and Art. 226.3 h. 3 of the CCP, making the decision on the question of the implementation of the inquiry in abbreviated form dependent on the discretion of the victim, it can be concluded that the private person thus imposes his will on the rest of the participants. As a result, this subject has a direct influence on the way of doing business.

The possibilities of the suspect

The issue of the transition to the shortened form of inquiry is still debatable. The law sets a tight time frame for the suspect to file a request. According to Art. 226.4 h. 2, he is entitled to submit an application no later than two days from the day on which this right was explained to him. The latter is carried out before the first interrogation begins. However, this limitation remains unclear. According to lawyers, it is advisable to extend the time frame for the entire inquiry process. Meanwhile, by the end of the procedure, the submission of such an application loses its meaning. Nevertheless, experts believe that more flexible time limits should be provided. abbreviated inquiry features

Period

As mentioned above, the term of inquiry in the simplified order is 15 days, and the maximum is 20. The law provides only a one-time extension of the period. Calculation of the term is carried out not from the moment of initiation of the case, but from the date of the decision on the transition to a simplified form of inquiry. When analyzing the Code, however, it becomes clear that the actual period of the procedure is less than the established one. This is due to the prescription on the need to make an indictment no later than 10 days. from the moment of approval of the decision on the execution of the inquiry in an abridged manner. This document is the final one and summarizes all the relevant information on the case. The decision is drawn up after all investigative actions are completed. As a result, you can add only 2 days, during which the suspect needs to express either consent or disagreement to the inquiry in a simplified form. In this case, the duration will be 12, not 15 days.

Completion of the procedure

The end of the inquiry in a simplified manner is regulated in Art. 226.7 Code of Criminal Procedure. It should be said that the legislator included the process of familiarization with the materials during the procedure under consideration. Thus, the path to the general order of the investigation was chosen. According to experts, this provision is not consistent with the idea of ​​a simplified procedure, especially since the process must be completed by the time the materials are submitted. In accordance with Art. 226.7 h. 5, if it is impossible to complete the familiarization of the victim, his representative, the suspect and his counsel in the time period specified in paragraph 4 of this article, the inquiry continues in the general manner. This norm assumes 3 days, during which the case materials are provided to the parties to the process. Considering that this period is included in the term of the shortened inquiry, its real duration may be 9, not 12 days, as was revealed earlier.

Existing Contradictions

The essence of the simplified procedure is to reduce the number of procedural actions, including investigations. The process of proof in the implementation of the reduced inquiry is dedicated to Art. 226.5. This norm first of all establishes a decrease in its subject. In particular, it should be limited to establishing the event, the guilt of the subject, the size and nature of the damage. Part 2 of the above article stipulates the duty of an official to perform only those procedural actions, the failure of which may entail an irreparable loss of traces of a crime or other material information. According to some experts, in the presence of this provision there is no sense. This is explained by the fact that under Art. 226.3 h. 2 the victim, the suspect or their representatives may refuse to conduct a simplified procedure at any time before the judges are removed to the deliberation room.

The subject of evidence will be insured in case the investigation proceeds according to general rules. As part of the simplified procedure, an official may not carry out procedural and investigative actions, as a result of which factual circumstances are established, the data on which are present in the materials of preliminary verification of a statement of a crime, if they meet the requirements that are presented to the evidence. Separately, the power is provided not to appoint an examination if a specialist’s study was carried out, as well as not to interrogate the citizens from whom the explanations were taken. The presence of these reservations is not clear, since under Part 1.2 of Art. 144 it is established that information obtained in the process of checking reports of a crime can be used as evidence if the provisions of Articles 75 and 89 of the Code are complied with.


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