Initiation of a criminal case: grounds, terms. Criminal Proceedings

This is the first stage of our criminal process. According to Russian law in this area, the investigator, interrogator or other inquiry agency have their duty to verify the information received regarding any crime committed or in preparation, and subsequently make an appropriate decision within three days from the moment they are received.

Directly initiating a criminal case (the speed of this process) is a determining factor in the further successful investigation. It is the lawfulness and timeliness of actions at this stage that protect the state and social interests, the rights of victims of this unlawful act that entailed public danger. The stage of initiating a criminal case is very often fraught with red tape and errors leading to an irreparable loss of evidence.

The quick response of law enforcement agencies to a statement of a crime, the timely adoption of appropriate decisions have significant educational and preventive value.

However, on the other hand, a justified lawful refusal to initiate a criminal case is a guarantee of the rights of the individual, his protection from unreasonable involvement in this kind of responsibility.

Initiation of a criminal case: essence, significance

Essence - acceptance by competent persons of messages, statements regarding crimes and initiation (refusal of him) of criminal cases. In other words, the stage of initiating a criminal case is a reasonable and prompt response with the use of criminal procedural means to all situations related to the detection of crimes.

The process in question has significant procedural significance in view of the fact that only after it becomes possible to carry out a complex of investigative actions and use measures of a compulsory nature of a procedural orientation.

Content of the stage in question - a system of procedural relationships, actions and decisions, starting with obtaining information on the committed (preparing) crime and up to the initiation of a case (or refusal to initiate it). That is, we can say that the content of this stage is not limited solely to the adoption of a specific decision. It implies a set of actions aimed at addressing a number of issues that precede the adoption of a final decision on the relevant statement or communication regarding the crime.

The right to initiate criminal proceedings (Criminal Code of the Russian Federation) is vested in the above entities.

Reasons to initiate proceedings

The considered stage of the criminal procedure is associated with the presence of a number of conditions, namely:

• occasion (legal);
• base (sufficient);
• the absence of circumstances capable of excluding the proceedings in the case (criminal).

Occasion - this is a set of sources prescribed by law that provide competent officials with information regarding a committed or impending crime.

In accordance with the Russian criminal law, there are the following reasons that are sufficient to start a criminal case, more precisely:

1. A statement of a committed act dangerous to society. It may be presented orally or in writing.In the second case, the application for instituting criminal proceedings must have the signature and personal data of the applicant. The oral form involves recording it in the protocol, endorsed by the applicant (he must be warned about criminal liability that occurs as a result of knowingly false denunciation), as well as the person who received this official communication. An anonymous criminal complaint is not regarded as an excuse.

2. Confession Turnout - non-compulsory (voluntary) communication by the subject of a crime that he himself committed. In this case, the application may also be provided orally (with recording it in the minutes) or in writing.

3. A message about an impending (perfect) act dangerous to society. It is drawn up by the relevant official as a report on the discovery of a number of signs of a crime.

In a situation where a crime report is disseminated in the media, a specific audit is carried out on behalf of the relevant subject, during which the editorial office is obliged to transmit the available materials, documents that confirm this message, as well as information regarding the person who submitted it (the exception is when the subject wished to remain anonymous).

Grounds for initiating criminal proceedings

They recognize data that indicate signs of a specific crime. In this regard, the grounds for initiating a criminal case are formed by the factual data, which serves as evidence of the commission of an act dangerous to society. It is worth noting that in order to initiate proceedings, it is not necessary to establish all the signs characterizing the corpus delicti. It is sufficient to determine the availability of data relating to its objective side and those that confirm the commission of a crime. The lack of information about the criminal subject is not an obstacle to further criminal proceedings.

The totality of circumstances leading to the exclusion of proceedings

According to our legislation in this area, these include:

• expiration of established statutes of limitations of a crime (criminal);
• lack of crime;
• death of the accused / suspect (with the exception of cases of rehabilitation of the deceased);
• the absence in the unlawful act of a socially dangerous offense;
• the lack of a judicial opinion regarding the presence of criminal signs in the acts of such entities as a State Duma deputy, a member of the Federation Council, Russian judges (of the Supreme, Supreme, Arbitration, Constitutional and other courts), a deputy of the legislative body of state power of a constituent entity of the Russian Federation, a lawyer, investigator, or lack of consent The State Duma, the Judicial Qualification Collegium, the Federation Council, the Russian Constitutional Court to initiate criminal proceedings against the above entities.

Persons and bodies with the right to initiate proceedings

According to our criminal law legislation, this may be:

• the prosecutor;
• inquiry agency;
• investigator;
• judge.

Initiation of a criminal case by the prosecutor is applicable to all crimes (regardless of jurisdiction) due to the presence of such a function as criminal prosecution.

As for the bodies of inquiry, their right is limited by the established competence prescribed in the relevant Russian criminal law, and activities are carried out in the following cases:

• with obligatory procedure preliminary investigation (the implementation of a number of urgent actions (investigative) with the subsequent transfer of the criminal case to the appropriate investigator);
• optional (materials of inquiry - the basis for the trial in this case).

The initiation of a criminal case (RF) by an investigator is also permissible within competent limits, based on the rules of jurisdiction.They are spelled out in Russian criminal law.

In a situation where the information was received by the investigator, he first draws up a decision on the initiation of a criminal case, and then he takes it to the investigation for investigation.

This legal act consists of two decisions relating to different stages of the criminal process. The first is the decision to institute criminal proceedings at the stage in question, and the second is the decision to accept the criminal case for proceedings - the beginning of the preliminary investigation. The investigator must notify the prosecutor of his decision regarding the initiation of a case (criminal).

The CPC spells out the right of a judge with respect to the stage in question, but there have been changes in Russian law regarding this. In accordance with the decision of the Russian Constitutional Court, the function of criminal prosecution cannot relate to the activities of a judge related to the administration of justice in view of the fact that the contrary is contrary to principles such as independence, impartiality, and objectivity in the framework of legal proceedings. In this regard, the initiation of a criminal case by the court is permissible exclusively within the framework of a private prosecution on the basis of a complaint from the victim. In this area, it is customary to distinguish between the judicial function of administering justice and the prosecution function, which is implemented by the victim.

Complaint of the victim - a special reason for the beginning of the considered stage of the direct private prosecution.

Indictment (criminal prosecution becomes possible). It is important to note that the court does not have the right to be guided by its desires when making a decision regarding the initiation of criminal proceedings of the considered private prosecution; this state body is not endowed with the right to take it for consideration.

Thus, the court has the right to accept for consideration the submitted complaint of the victim. In this regard, we can say that the concept under consideration in the framework of a private prosecution has a different legal meaning than a similar one, but related to criminal cases from the field of public prosecution.

Complaint of unlawful initiation of proceedings

In accordance with our Constitution, each citizen is guaranteed the proper protection of his legal rights and freedoms. A complaint about a criminal case (unlawful) is considered in court regarding all actions (omissions), decisions of the investigator, inquiry officer, prosecutor, which are taken during the pre-trial proceedings (at the stage under consideration), in a situation where the applicant believes that their actions (inaction) ) the onset of the moment of justice is difficult, or these entities can cause damage to existing constitutional rights, legal freedoms of participants in this criminal process.

By law, it was recognized that the person against whom the case (criminal) was instituted has the legal right to appeal in court a decision of the relevant authority (prosecutor) about this initiation.

Procedure for initiating proceedings

It is prescribed in the relevant Russian legislation. So, the procedure for initiating a criminal case begins with the fact that the result of consideration of the received application (message) about a committed (preparing) act dangerous to society, results in the adoption of one of the following decisions:

1. Initiation of a case (criminal).
2. Refusal to institute criminal proceedings.
3. Transfer of application for jurisdiction (jurisdiction).

The initiation of a criminal case (a sample resolution is presented below) is a decision that is permissible only subject to the presence of the aforementioned legitimate reason, reason, and also the absence of circumstances that could exclude proceedings in this case. Then, upon his initiation, the prosecutor, the body of inquiry, the investigator, the interrogating officer (with the approval of the prosecutor) make a specific decision.It indicates the following:

• date;
• place of removal;
• time;
• persons participating in its removal;
• occasion;
• base;
• qualification of a crime.

Then it is sent (in a situation where the decision is made by the inquiry officer or investigator) to the prosecutor. The necessary materials for checking the received message about a wrongful act dangerous for society are attached to it. If an inspection of the corresponding scene of the incident, forensic examination, examination, forensic examination is carried out, then relevant decisions and protocols are still attached.

The procedure for initiating a criminal case at this stage is reduced to the obligation of the prosecutor after receiving the decision to agree to the beginning of the stage under consideration or to order the return of materials for further additional verification. Notification of a decision on the case of the applicant and the person against whom it is instituted is considered mandatory.

In a situation when a criminal case is opened against captains of sea and other sea-going vessels, heads of exploration wintering centers, heads of diplomatic missions, the prosecutor should be immediately informed about the investigation that has begun. The relevant decree, the materials are transferred to him as soon as possible.

In the second situation (refusal to initiate proceedings), there should be no basis for this and circumstances should be present that would facilitate the exclusion of proceedings on it. The aforementioned entities issue an appropriate justified decision on the refusal, which indicates: time, persons who composed it, date, content of the accepted application, facts established during the audit, the grounds and reasons for the refusal, a link to specific articles of the Code of Criminal Procedure of the Russian Federation.

In a situation where the refusal to initiate proceedings was a consequence of the verification of the received message, the above-mentioned entities have the obligation to consider the issue of initiating a criminal case involving a knowingly false denunciation regarding the person who reported it.

Information on the refusal to initiate a specific case, based on the results of checking the report of a dangerous act for society, circulated by the media, is subject to immediate publication.

A copy of the decision on the corresponding refusal within 24 hours must be delivered to the prosecutor and the applicant, the latter being explained his legal right to appeal the decision, the procedure for this procedure.

In the event of an unlawful refusal to initiate proceedings, the relevant subject - the prosecutor - has the right to still initiate it (the procedure for initiating a criminal case has been submitted earlier) or return materials for further additional verification.

In the third option (transfer of an application for jurisdiction or jurisdiction), the subjects of this right can send materials on a specific case to the appropriate authority, whose competence is the consideration and subsequent resolution of the received application (message) about a wrongful act dangerous to society. For example, in the case of a crime committed by military personnel, a police officer who receives a message about this incident must first register it, take appropriate measures aimed at preserving the traces of the crime, and then forward this case for investigation to the military prosecutor.

In this option, a specific decision is made. The applicant is also explained his legal right to appeal the decision and its order.

Dates of the stage in question

It should be completed no later than three days from the date of receipt of the message about the unlawful act dangerous to society (the above-mentioned entities are required to accept, then verify it and subsequently make a decision within the above-mentioned period).However, the head of the body of inquiry and the head of the investigative body may extend the time-limit for initiating a criminal case up to 10 days. This becomes possible at the request of the inquiry officer or investigator.

If it is required to carry out documentary checks, study of documents, objects, audits, and the time period for initiating a criminal case, they can be extended by the head of the investigative body at the request of the investigator or by the prosecutor by the relevant application (interrogator) up to a month.

Actors

The participants in this stage can be:

• inquiry agency;
• investigator;
• Head of Investigation Department;
• inquiry officer;
• Investigation Team Leader

The specifics of initiating cases regarding special subjects

They are:

• Member of the Federation Council, State Duma deputy. The case is brought by the chairman of the Russian Investigative Committee under the Prosecutor General’s Office with their approval.
• Attorney General. The case is also instituted by the 1st Deputy Prosecutor General on the basis of the relevant collegial opinion of three judges of the Russian supreme judicial body, which was adopted on the proposal of the President.
• First Deputy Prosecutor General. The case shall be instituted by the person who performs his duties on the basis of the same conclusion.
• Judges. The prosecutor is engaged in the initiation of proceedings. In the case of the judges of the Constitutional Court, the consent of this judicial body of constitutional review is still required, and with the judges of the Supreme Arbitration Court and courts of general jurisdiction, the consent of the VKKS of the Russian Federation (other judges is the VKKS of the subject of the Russian Federation).
• Prosecutor, head of the investigative body, investigator. The case is initiated by a higher head of this body of the investigative committee at the prosecutor's office of the Russian Federation.
• Lawyer. The case is initiated by the head of the investigative body of the investigative committee at the prosecutor's office of the constituent entities of the Russian Federation.

Verification Tools

The reason for the onset of the considered stage must be registered. Applications are accepted on the basis of various legal acts. In various departments there are a number of instructions regarding the procedure for admission, further registration and subsequent verification, based on a statement about an unlawful act dangerous to society.

The prosecutor’s office has an instruction in which there is a unified procedure for receiving, registering, checking such messages in the system of the aforementioned investigative committee under our prosecutor’s office. So, the official who issued this kind of application must issue the applicant a special coupon notice that it has been accepted, indicating the time and date on it. These forms are strict reporting documents.

There are also books to record such messages and incidents. The term under consideration pre-investigation check starts from the time specified in this coupon.

Finally, it is worth recalling that the procedure for initiating a criminal case is fixed in the Code of Criminal Procedure of the Russian Federation.