After law enforcement agencies receive information about an upcoming or already committed act, they are faced with the question of initiating a criminal case, and there must be sufficient reason for this. That is why the report of the crime is first checked, after which the appropriate decision is made by the police. This usually takes up to 3 days.
Procedural activity
Before starting a case and accepting it for production, law enforcement agencies investigate all the signs that indicate a criminal offense.
According to Art. 146 of the Code of Criminal Procedure of the Russian Federation, the investigator or interrogating officer shall issue an appropriate decision on the initiation of proceedings and criminal prosecution, if there are grounds and reasons for this. In this case, all sources of information are used, from which the police become aware of the crime committed or preparation for its implementation. In addition, evidence of the crime is required.
Sources of Crime Information
As we have already said, in order to initiate proceedings on the fact of a committed act, legal reasons and grounds are necessary. To help in taking the case to production, the criminal procedure code provides for the following:
- a statement of deed, which is made in writing and signed by the person who accepted it, as well as the applicant. In addition, the latter is warned of responsibility for false denunciation;
- a confession is a voluntary confession of a person to a crime that can be written on paper or expressed verbally and recorded in the minutes;
- A report on a prepared or already committed crime is compiled by a law enforcement officer in the form of a report on the detection of signs of crime.
Sufficient data available
Art. 146 of the Code of Criminal Procedure of the Russian Federation allows the institution of proceedings on the fact of deed only if there are not only reasons, but also grounds that will testify to the crime committed. In this case, the procedural person does not require all the signs of the crime. To make a decision on initiating a criminal case, it will be necessary to establish only information about the objective side of the crime and the event of its commission.
Decree
If there is sufficient data that enable law enforcement agencies to initiate a criminal case, a procedural person makes a decision on this. According to Part 2 of Art. 146 of the Code of Criminal Procedure, this document indicates:
- place, date and time of removal;
- Name of investigator or interrogator;
- title of the atrocity code article;
- reasons and grounds.
A copy of the decision should immediately be sent to the prosecutor. If the latter recognizes this document as illegal and unreasonable, he must inform the investigator or interrogating officer in writing about this within 24 hours.
A sample of the procedural document on the adoption of the case for production is as follows:
Decree
Sunny 00.00.00 11.00 hours 12 minutes
The investigator of the district department of the Ministry of Internal Affairs of Solnechny, having examined the materials upon the fact of verification No. ______
Installed:
00.00.00, at the ________ shopping center, unknown persons stole furniture and cash at night, which is confirmed by the recording of an outdoor surveillance camera
Whereas there are signs of atrocity under Part 2 Art. 158 CC, and guided by Art. 140, 154, 146 Code of Criminal Procedure,
Holds:
Open a criminal case under Part 2 of Art. 158 of the Criminal Code;
Send a copy of the decision to the prosecutor of Solnechny.
Investigator SB Ministry of Internal Affairs
Lieutenant of Justice ______________
Renouncement
But part 1 of article 146 of the Code of Criminal Procedure of the Russian Federation indicates that the initiation of proceedings on the fact of a committed atrocity can only be if there are reasons and appropriate grounds for this. That is why, if they are absent, the investigator or inquiry officer must issue a decision on the refusal to accept the case for production. The circumstances in this case may be as follows:
- no composition of crime;
- the crime event itself is missing;
- the statutes of limitations have passed;
- death of a suspect or accused;
- the victim did not write a statement if it is necessary for the proceedings.
Appeal
If the victim does not agree with the refusal of the law enforcement authorities to initiate a criminal case, he can appeal this in court. In addition, investigators and interrogators sometimes make mistakes when they make decisions on this matter. That is why citizens must defend their rights in court.
We give an example.
A citizen received serious bodily injuries in a traffic accident and spent several months in a coma in a hospital. After I came to my senses, I decided to find out how things are going on this fact. The investigator informed him that it had not been instituted, since the driver’s actions did not contain a corpus delicti, referred to in article 264 of the Criminal Code of the Russian Federation.
The victim disagreed with this decision of the procedural person and filed a complaint with the court. In it, he pointed out that the investigator’s decision in this case was considered unlawful, since he was crossing the road in the right place, and an unknown person hit him by car, as a result of which he was seriously injured. The victim also noted that the criminal prosecution of a public prosecution does not require a statement from the victim, but is done upon the commission of the crime, which was not done in this case.
The court agreed with the citizen’s arguments and found the investigator’s refusal to accept the case to be illegal. An investigation into the arrival of a citizen was carried out using all the necessary procedural actions. This later helped to bring the alleged culprit of the accident to responsibility, which involves article 264 of the Criminal Code of the Russian Federation.
