Criminal proceedings are instituted for a reason. There must be good reason for them. Reasons to Claim criminal proceedings, spelled out in Art. 140 Code of Criminal Procedure. What exactly is indicated here? When and in what cases will they refuse to start criminal proceedings? What points should you pay attention to first of all? To understand all this is not as difficult as it seems.
Statement
The first scenario is according to the statement. That is, it is from this document that the initiation of a case (criminal) begins. If the victim or anyone else came to law enforcement with a statement about the crime, you must start the process.
Perhaps this is the first and most common phenomenon. Without a statement, almost no criminal case actually takes place. Keep this in mind.
Self-attendance
But these are not all the features that take place in Russia. The thing is that sometimes a citizen who has committed a crime may confess to law enforcement agencies. This action does not negate its liability.
Moreover, according to Art. 140 of the Code of Criminal Procedure of the Russian Federation, law enforcement agencies will have to start a criminal case of "penchant". A turnout with recognition is another reason to start the process. Only a perfect act will slightly ease the punishment of the criminal. This is a mitigating circumstance.
Remember, if someone confessed to a crime, you can not ignore this phenomenon. The criminal case must begin. Otherwise, this is a direct violation of Russian law.
Messages
What else is worth paying attention to? Possible reasons for initiating a case do not end with a confession or a statement from someone (usually from the victim). In Art. 140 of the Code of Criminal Procedure of the Russian Federation states that if someone reports a crime that has been committed or is just being prepared, it is necessary to “start the process”.
And it doesn’t matter from what sources this became known. Usually, after the message you have to write a statement to initiate proceedings. It is a familiar process. Law enforcement agencies first try to find and verify the source from which they became aware of the criminal offense, and only then begin the clerical work and investigation. Although usually, even when reporting violations, a case is initiated. And if it turns out that the applicant was mistaken or lied, then he can be accused of deceiving law enforcement agencies. Not too common, but it does occur.
The prosecutor
Art. 140 of the Code of Criminal Procedure of the Russian Federation (with and without comments) indicates that there is another option for the development of events. This is the decision of the prosecutor sent to the preliminary investigation bodies.
It turns out that if the prosecutor declares the beginning of the case, then they will have to bring him. Usually "just like that" is not done. First, there must be good reason for implementing this process. Only then, in full confidence will the prosecutor contact the relevant authorities. In any case, this is exactly the picture that practice shows.
According to the article
What other features should be taken into account? Article 140 of the Code of Criminal Procedure of the Russian Federation (with and without comments) indicates that there is another option for the development of events provided for by the legislation of the country. Which one?
It is related to banking organizations. More precisely, the crimes committed under Article 172.1 require materials sent by the Central Bank or the liquidator of a financial organization as an excuse to start a criminal case. In this case, it is necessary to comply with the rules for the provision of materials, in accordance with the law "On the Central Bank of Russia" dated 10.07.2002.In case of violation of the conditions, a criminal case is not instituted.
Grounds
Understood the reasons. Now it remains to be understood what Article 140 of the Code of Criminal Procedure of the Russian Federation (2016) says, “Reasons and grounds for instituting criminal proceedings” regarding these very grounds. What should I pay attention to first of all?
Everything is extremely simple here. The basis - evidence of an offense. Any data or information that indicates a criminal offense contributes to the start of the process. With insufficient evidence, it is terminated completely or suspended.
This is not all the features that our current article of the Criminal Code conceals. The comments to her indicate very serious and important points for initiating a criminal case. Understanding them is not as difficult as it seems.
Comments
The first thing you should pay attention to is that, for the start of a criminal case, reasons and reasons are needed. Without them, no office work takes place. Usually, the second component refers to any source of primary information that states a crime. Both perfect, and only about the planned. It is important to understand that it should be provided for by the Code of Criminal Procedure of the Russian Federation.
This law provides for 2 specific reasons for starting our process, as well as one general provision for this. What does article 140 of the Code of Criminal Procedure indicate? What does “definite occasion” mean? Or rather, what points are meant by this concept? Everything is very simple. Specific reasons are:
- statement;
- surrender of the intruder.
What is a generalization? This is a report of a criminal offense of a "character", which has either already occurred, or is only being planned to be implemented. Nothing difficult to understand!
Article 140 of the Code of Criminal Procedure of the Russian Federation (part 2) provides a basis for instituting criminal proceedings. As already mentioned, this is the availability of sufficient information about the violation committed. It does not matter who exactly turned out to be the criminal. A criminal case should still be instituted. Only data that attests to the crime event itself will be required.
Another important point is that in order to start a criminal case, no strong evidence (or rather, knowledge) is required. Usually just a guess is enough. This means that only signs of a crime are needed. For example, someone discovered a corpse that showed signs of an unnatural, violent death. In this case, a case will not be initiated on the fact of the murder, but only on the discovery of a "lifeless body" with traces of violence. Usually a criminal case does not begin at all when the offense has taken place. This act helps to determine whether a crime has actually been committed.
Now in Russia, in practice, it is customary to instantly initiate criminal proceedings if there were:
- natural disasters;
- landslides;
- crash;
- fires with the death of people;
- explosions with serious consequences.
In general, this is not entirely correct. After all, a case (criminal) cannot be started before the discovery of its symptoms.