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Suspension and resumption of the preliminary investigation. Code of Criminal Procedure, Art. 28

In general cases, a criminal investigation is conducted continuously from the beginning of the opening of the case to the issuance of a decision to dismiss it or to transfer materials to the court. Meanwhile, this process flow is far from always possible. For objective reasons, the investigation may be interrupted for a certain time. Next, we consider the features suspension and resumption of the preliminary investigation. suspension and resumption of the preliminary investigation

General information

Suspension and resumption of the preliminary investigation - procedural actions carried out in the manner prescribed by the CPC.

A temporary break is determined by the need to eliminate circumstances that impede the normal course of the process and its completion. When deciding to interrupt the investigation, the authorized person conducting the proceedings makes a decision.

Suspension and resumption of the preliminary investigation has special practical value in criminal proceedings. These actions allow you to comply with the interests and rights of the parties to production. The procedure for their implementation is regulated by the norms Chapter 28 of the Code of Criminal Procedure.

Grounds for suspension of investigation

They are enshrined in the CPC, in article 208. A break in the investigation is allowed in the presence of evidence confirming circumstances that impede the further progress of the case.

The list of circumstances given in 208 articleis closed. The investigation may be suspended if:

  • The citizen involved in the crime is not installed. This basis applies when law enforcement agencies have established the event of an act, but there is insufficient evidence to hold a specific subject accountable.
  • The person is hiding from the investigation or its location is unknown for other reasons. To suspend an investigation, law enforcement agencies must have a sufficient body of evidence and evidence of the crime, and the involvement of a particular citizen in it. In addition, this subject, according to article 46 of the Code of Criminal Procedure, must be endowed with the status of a suspect or a decision must be drawn up to bring him into the status of the accused.
  • The location of the person has been established, but there is no real possibility of his participation in the proceedings. A citizen to be involved in the process may be located both in Russia and abroad.
  • There is a temporary illness of a person that does not allow him to participate in the production. An appropriate state of health must be confirmed by a competent medical institution. The disease should be temporary (that is, treatable) and severe, that is, objectively not allowing to participate in the process.

Section 208

General suspension conditions

Prior to the decision to interrupt the proceedings, the inquirer / investigator is obliged to carry out all procedural actions that are possible in the absence of a citizen suspected / accused of the act. It is, in particular, about:

  • collecting, checking materials confirming the subject’s involvement in the event and sufficient to formally charge him;
  • detecting stolen property, identifying distribution channels;
  • actions aimed at tracing the subject, if he is hiding.

In an undisclosed case, an authorized employee is obliged to check all investigative versions to establish the person involved in the act. Verification is carried out until objective possibilities are exhausted.

Important point

An interruption of the investigation is allowed if the crime event is proven (reliably established). In this case, circumstances excluding production should be absent.

If the event is not proven, the process cannot continue. Accordingly, the grounds to suspend and resume the preliminary investigation no in the future. Section 209

Private terms

Suspension of an investigation is possible if:

  • The authorized person has taken all measures to establish and detect the subject involved in the act. This condition, on the one hand, almost completely eliminates the unproven facts of relevance to production. At the same time, it allows the interruption of the investigation if the person who committed the assault is unknown or his involvement is not established.
  • The investigation has expired.
  • A decision has been made to attract a citizen in the status of the accused / suspect.
  • The law enforcement officer leading the production put the citizen on the wanted list.
  • There are no grounds for applying compulsory medical measures to the subject.

Nuances

The timing of the suspension of the preliminary investigation is stated in 4 parts of Art. 208.

As established by the norm, a temporary break on the grounds set forth in clauses 1, 2 of clause 1 of this article is permitted only after the expiration of the time allotted for the investigation. If the grounds provided for in clauses 3, 4 are applied, the investigation may be suspended until its completion. Section 211

The actions of the investigator after the suspension of the preliminary investigation

Procedural legislation establishes a number of responsibilities for the person conducting the production. As established in the CPC, in part 1 of article 209, the inquirer / investigator must notify of a break in the investigation of the victim, civil plaintiffs / defendants, and their representatives. Upon notification, these persons are explained their right to challenge the decision.

If the investigation is suspended on the grounds enshrined in 3, 4 paragraphs 1 of the article 208, the officer also notifies the accused / suspect and counsel.

After the decision on a temporary interruption in production, according to 3 parts 209 articles, the implementation of investigative measures is not allowed.

The legislation does not establish a form in which the investigator must notify individuals of the decision taken, as well as the time period by which he must send a notice. It appears that the notification is carried out by sending a copy of the decision to interrupt the investigation.

Resuming Process

The conditions, procedure, grounds for this procedure are fixed 211 articles. UPK RF Chapter 28

The resumption of the investigation involves the adoption of a decision by the person who suspended it to continue the investigative activities in the case.

The corresponding decision can be made on three grounds. They are set in paragraphs 1-3. 211 articles:

  • The reasons for the suspension have disappeared.
  • There was a need to conduct investigative measures that can be carried out without involving the accused / suspect.
  • The prosecutor overturned the suspension of the investigation.

The conduct of procedural actions may be caused by the emergence of new circumstances in the case, as well as the need to replenish the measures taken earlier.

Renewal order

The decision to continue the investigation is formalized in a procedural document - a resolution. It reflects:

  • The grounds for the suspension and the date of the relevant decision.
  • The factual evidence confirming that the circumstances hindering the continuation of the case disappeared.
  • Actions to be taken.

terms of suspension of the preliminary investigation

The authorized person informs all participants in the proceedings about the decision to resume the investigation. The notice must be in writing. The report reflects the grounds for the resumption of the process, clarifies the right to challenge the decision in court according to the rules enshrined in the norms of chapter 16 of the Code of Criminal Procedure.

A copy of the decision to continue the proceedings should be sent to the prosecutor.

When deciding on the resumption of an investigation, an authorized employee must set the term for the investigation in accordance with the requirements of Article 162 of the Code of Criminal Procedure.

Cancellation of an interruption order

This basis for the resumption of the investigation was introduced in article 211 of the Federal Law No. 404 in 2010.

In accordance with the procedural rules, the head of the investigative unit may resume the investigation by canceling the decision on its suspension issued by the investigator on the basis of the order of the prosecutor. In such cases, the basis may be not only one of the circumstances enshrined in clause 1, 2 1 of part 208 of the article. actions of the investigator after the suspension of the preliminary investigation

The reason for the cancellation of the decision to suspend production may be its unreasonableness / illegality. She is identified by the prosecutor during the verification of the case file. Having established the groundlessness / illegality of the suspension of the investigation, the prosecutor makes a decision. It is sent to the head of the investigative unit. He, in turn, cancels the decision of the investigator and gives orders regarding the resumption of production and further actions of the employee and the timing of their implementation.


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