Jurisdiction is a sign of a criminal case, in accordance with which the investigating authority is determined. In practice, in general, the issue of assigning materials of a crime to the jurisdiction of one or another unit does not cause problems. Nevertheless, in some cases, disputes may arise, competition of competencies requiring the participation of department heads or the prosecutor. Detailed jurisdiction explains the Code of Criminal Procedure in Art. 151.
Classification
Jurisdiction may be:
- Territorial.
- Subject (generic).
- Mixed (alternative).
- Individualized.
The first and second are provided for in Art. 151, 152 Code of Criminal Procedure. Let's consider them in more detail.
Subject sign
The tribal jurisdiction of prosecutors extends to cases considered the most dangerous. These include, in particular, crimes such as murder, terrorism, rape, riots, banditry, piracy. These employees also have jurisdiction over official, environmental, and military acts. In general, we can say that the most difficult cases fall to the employees of the prosecutor's office. A large amount of criminal materials 151 of the Code of Criminal Procedure of the Russian Federation is assigned to the responsibility of the police officers.
Among them: attacks on sexual immunity the health of citizens, crimes against property, public safety, morality, and so on. Generic jurisdictions of FSB officers are aggravated smuggling cases, illegal export of technologies, services and information in the manufacture of weapons of mass destruction. They study materials on terrorism, theft of air and other vehicles, the organization of illegal gangs, attacks on the constitutional order and state security.
Territorial sign
It indicates the place of the illegal act or the end of the crime. In particular, we are talking about the district, region, republic, etc. administrative unit of the country. It should be noted that in the framework of local jurisdiction, preliminary measures can be carried out by employees of various departments (regional, district, etc.). There are no rules in the code according to which the distribution of cases among employees of different levels is carried out. This issue, in accordance with the provisions of Article 151 of the Code of Criminal Procedure of the Russian Federation, is decided by the heads of departments taking into account the characteristics of the crime.
Mixed category
The same illegal attacks can be investigated by employees of different departments. For example, terrorism cases can be tried by prosecutors, the FSB and the police department. In such cases, the answers to the following questions will act as criteria for classifying a crime under the authority of a specific authority:
- Which investigator revealed the act of alternative jurisdiction.
- Which employee studied the materials on which the production was instituted.
In Art. 151 of the Code of Criminal Procedure of the Russian Federation, the jurisdiction of employees who have identified an alternative case includes crimes that fall under many norms of the Criminal Code. In particular, this is fraud, embezzlement and misappropriation, illegal business under aggravating circumstances, illegal banking activities and other acts in the economic sphere. The same category includes crimes in the field of computer information, against management and justice, public safety. Such acts as hostage-taking, banditry, organization of criminal communities and so on are considered alternative.The concept of “identification”, which is referred to in Article 151 of the Code of Criminal Procedure (“Jurisdiction”), indicates that a particular employee was the first to receive a message about illegal actions. He opened a case and took it to production.
Commentary on Art. 151 Code of Criminal Procedure
The competence of employees who are responsible for the “main” act, according to which the proceedings are actually initiated, includes cases involving minors committing unlawful acts, abuse of authority, exceeding them, giving or receiving bribes, negligence and forgery as well as some attacks on justice. In this case, Art. 150, 151 Code of Criminal Procedure. They are applied insofar as in the course of the preliminary activities in one case the corpus delicti of other crimes are revealed.
Personal attribute
Considering Art. 151 of the Code of Criminal Procedure with comments, it is worth noting that the norm separately stipulates the distribution of cases, taking into account the peculiarities inherent in the subjects in respect of which they are initiated. As personal characteristics, in particular, are:
- Belonging to the category of citizens with respect to whom the code establishes special rules for starting production.
- The presence of mental disorders in the subject that require pre-trial investigation.
- Affiliation of the person to the Armed Forces or the law enforcement system.
In Art. 151 of the Code of Criminal Procedure of the Russian Federation does not stipulate the procedure for referring cases of crimes in which the subjects are minors.
Prosecutors
The competence of these employees is established in Part 2 of Art. 151 Code of Criminal Procedure. So, prosecutors are considering cases of crimes committed by entities listed in Art. 447 Code of Criminal Procedure. These include:
- Members of the Federation Council.
- State Duma Deputies.
- Members of elected local government structures.
- Judges of all courts.
- Deputies.
- Officials in the territorial authorities.
- The President of the Russian Federation, who terminated his powers, and the candidate for this post.
- Chairman of the Accounts Chamber, as well as its auditors and deputies.
- Commissioner for Human Rights.
- Lawyers.
- Investigators.
- Prosecutors.
- Members of election commissions, referendum commissions.
Investigators of the prosecutor's office investigate cases of assaults that have occurred in relation to the above persons and related to the performance of their professional activities.
ATS officers
Article 151 also establishes their competence. The jurisdiction of these employees is explained in the second part of the norm. The issue of assigning a case to their competence arises in cases when it is necessary to carry out medical manipulations of a forced nature to the persons who committed the crime. The investigation is carried out by various employees, in accordance with the subject-matter investigation. Here, however, there is a nuance. If a mentally unhealthy subject has committed an unlawful act, the investigation of which in accordance with the general rule should be carried out in the form of an inquiry, then the situation becomes incomprehensible. The ambiguity is due to the fact that the law does not determine to which employee to carry out appropriate activities. According to experts, such an obligation can be assigned to employees of the internal affairs bodies, since the inquiry is usually carried out by them in such cases.
FSB officers
In the second part of paragraph 2 of Art. 151 Code of Criminal Procedure of the Russian Federation established cases included in the competence of these employees. They review crime materials about:
- Espionage.
- State Treason.
- The disclosure of state secrets and the loss of documents containing it.
The subjects of such crimes should be the persons indicated in the list above.
Competition Competencies
In h. 8 Article 151 of the Code of Criminal Procedure prescribes that disputes regarding the assignment of cases to the conduct of a particular employee shall be resolved by the prosecutor.Such a situation may arise if the qualification of the actions and the study of the materials of one subject of the crime are within the competence of the police officer, and the behavior of another malefactor who is involved in the same case, on a personal or subject basis, belongs to the authority of an employee of the prosecutor's office. In this case, the person authorized to resolve the dispute should be guided by certain rules. In particular, he should entrust such an investigation to the investigator of the prosecutor's office. This is due to the fact that the competence of the latter includes the consideration of crimes against certain individuals and considered the most dangerous. The same rule applies when combining cases that are investigated by various bodies of preliminary investigation in one proceeding. When determining the unit authorized to conduct preliminary activities, the prosecutor should be guided by the rules established in the rule in question.
Inquiry
In Art. 151 of the Code of Criminal Procedure of the Russian Federation, the distribution of cases between interrogators of different bodies is explained. The rules are established in part three. So, the internal affairs investigators investigate all the crimes provided for in part 3 of article 150 Code of Criminal Procedure. The exception is the cases established in part 3-6 of the rule in question. In paragraph 3 of Art. 151 of the Code of Criminal Procedure of the Russian Federation, it has been established that investigators of the border structures of the FSB are competent to conduct proceedings in cases falling under:
- Art. 256 and 253 in part relating to the illegal extraction of aquatic plants and animals.
- Part 1, Art. 322 and h. 1 Article 323.
- Part 1, Art. 188 in the part related to smuggling, which was detained by border guards in the absence of customs authorities.
FSSP investigators are competent to investigate the cases provided for in Art. 297, 294, 315, 312 and h. 1. Art. 311 of the Criminal Code. Employees customs authorities may conduct proceedings on crimes falling under Part 1 of Art. 188, Art. 194. Investigators of the fire service may consider cases provided for in Part 1 of Art. 219, part 1, article 261. Employees of units that control the turnover of narcotic and psychotropic compounds conduct proceedings for crimes falling under Art. 228, part 1, 228.2, parts one of Art. 232-233, as well as h. 1 and 4 of Art. 234.
Place of production of preliminary events
The investigation is carried out on the territory of the commission of the act, in which there are signs of a crime. In some cases, it becomes necessary to carry out activities, including search, in another place. In such situations, the investigator may carry them out on their own or instruct them body of inquiry to another employee. Such instructions must be executed within ten days. If it is established that the beginning of the crime was in one place, and its completion in another, then the investigation is carried out at the place where the crime ended. In practice, there are times when several assaults were committed in different territories. Investigations in such situations are carried out in the area where most of them took place. Preliminary measures may be taken at the location of the witnesses or of the accused himself. This ensures in many cases the objectivity and completeness of the actions of officials, as well as compliance with established procedural deadlines.
Important point
Crimes may be committed outside the Russian Federation. In such cases preliminary investigation carried out on the grounds established in Art. 12 of the Criminal Code or under Art. 459 Code of Criminal Procedure at the place of residence / stay of the victim in Russia. It is allowed to conduct actions at the location of the majority of witnesses. The law also provides for a preliminary investigation at the place of stay of the accused in the Russian Federation, if the victim is outside of it.
Urgent action
The investigator or investigator who has established that the case they have taken is not investigative to them, must hand it over to the department head / prosecutor. At the same time, they must perform urgent actions within the framework of their authority.The head of a higher authority may issue a resolution in accordance with which the unit that he manages takes the matter to production. The decision of the official must be motivated. The head of a higher unit is required to notify the prosecutor in writing of the decision.