Currently, scientists and practitioners evaluate the Code of Criminal Procedure of the Russian Federation, which was adopted back in 2001, is ambiguous. However, most processors note its dignity in that it secured the forms of procedural documents at a fairly high level. For the criminal process in the Russian Federation, this situation is new. That is why it deserves a detailed analysis.
Procedural documents: concept
Under the procedural papers in criminal proceedings, it is customary to understand information carriers that are directly related to a specific case of procedural proceedings. They contain inquiries, investigations, a list of other authorized persons. It is important to know that the presence of implemented criminal procedural documents in any case affects the quality characteristics of the investigative measures that were carried out. At the preliminary stage of the inquiry, specific actions and their results, results are recorded. It is worth mentioning that the main objective of the official confirmation of the stages of the criminal process is the legal aspect of the participants in the proceedings. Paperwork is carried out strictly according to the requirements of the CPC. It has a major impact on affordability. Compliance with the rules of recording actual data established in the procedural documents will not only save in writing, but will also give grounds for verification, assessment and further study of the evidence presented.
Thus, procedural papers should be understood as acts of a procedural nature in which there is a fixation of actions, further decisions of officials or bodies involved in criminal proceedings. It must be borne in mind that the semantic nature and proper execution of criminal procedure papers have a significant impact on the perception of legal rights, interests and freedoms of a person from a legal point of view. Moreover, every action implemented in accordance with a criminal investigation must be recorded in writing.
Classification of documents by stages of the criminal process
Further, it is advisable to consider the types of procedural documents that exist today. It is worth noting that the classification is quite wide, so we will study each of its components separately. In accordance with the stages of the criminal process, it is customary to distinguish the following types of procedural papers:
- Procedural documents that are characteristic of pre-trial proceedings. Among them is a decree concerning the institution of criminal proceedings; a ruling relating to the involvement of a person as an accused; indictments; indictments and so on.
- Papers that accompany judicial stages. These are procedural documents such as a jury verdict, sentence, or cassation ruling. In addition, this category should include documentation that may relate to both pre-trial and judicial stages. For example, a decision drawn up due to the dismissal of a case; various kinds of agendas; decisions to refuse or grant applications and so on.
Content Classification
What procedural documents, depending on the content, are known today? It is important to note the following types of papers:
- Documents that consolidate decisions taken by competent persons in criminal proceedings. These are usually solutions.
- Documents that record processes and the corresponding results of procedural activities. These include messages, protocols, notifications, and explanations.
- Other criminal procedural documents. For example, subscriptions, summons, receipts or requests.
It should be added that the first grouping includes procedural papers, which in the generalized sense are usually called decisions. The fact is that the term procedural decision is not disclosed in the criminal procedure legislation. Nevertheless, a substantial part of its standards contains those provisions that are directly related to the adoption of procedural decisions by the inquiry officer, investigator, inquiry bodies, judge (or court), prosecutor.
A decision in a criminal proceeding may be defined as a legal act facilitated into the procedural form established by applicable law. In this legal act, the inquiry bodies, the prosecutor, the investigator, the judge give full answers within their competence to questions of a legal nature that appear in the case, and expresses an authoritative expression of will regarding actions that arise from certain obligations and requirements of the legislation aimed primarily at solving the problems of criminal proceedings.
Signs of procedural decisions
As it turned out, judicial procedural documents are divided into three categories according to their content. It is advisable to consider the first group of papers, or decisions. Today, the following features are distinguished that are inherent in absolutely all decisions of a procedural nature:
- They are issued exclusively by state authorities or officials who are engaged in criminal proceedings. In this case, the limits of competence must be observed.
- Such procedural documents of the court as decisions fully express the imperative order of state bodies. They serve as a form of exercise of relevant authority. That is why decisions generate, modify or, if necessary, terminate relations of a criminal procedural nature.
- Answer questions of a legal nature.
- This type of administrative and procedural documents is issued in the manner prescribed by law. In addition, decisions are expressed in the form specified by law.
Types of Solutions
Further, it is important to consider the classification of such procedural documents of production as decisions. In the theory of criminal procedure law, it is customary to distinguish the following types of decisions:
- Decision. The decision should be understood as any decision (with the exception of the sentence), which is made by the judge solely. In addition, this is a decision made by the judicial presidium in the process of reviewing a court decision that has already entered into force in accordance with the law. The decision is the decision of the prosecutor, investigator, the leadership of the investigative structure, the inquirer, which was issued in the process of conducting a preliminary investigation of the case. It is important to note that the exceptions in this case are indictments and conclusions.
- Definition Under the definition should be considered any decision (exception - sentence), which is made by the judicial authorities of the first instance in the process of criminal proceedings collegially. In addition, we are talking about a decision made by higher judicial authorities (with the exception of a supervisory or appeal court) in the process of reviewing a court decision.
- Judicial Opinion This is a conclusion regarding the presence or absence of the characteristics of a crime in the actions of a person in relation to whom a special procedure for the production of the relevant case is used.
- Closing indictment. This is a decision made by the investigator. That is, this is a procedural document of the investigator.In this decision, summarizing the results of the preliminary investigation is relevant.
- The indictment. This is a decision made by the inquiry officer. It is in him that the charge is formed and the corresponding results of the inquiry, the conduct of which is relevant in an abbreviated form.
- Indictment. This is a procedural document drawn up by a decision made by the inquiry officer. It spells out the charges and the results of the inquiry.
- Sentence. This is a decision on the guilt or innocence of the defendant, as well as on his punishment or release from punishment. It is important to add that a sentence can be pronounced in accordance with paragraph 28 of Article 5 of the Code of Criminal Procedure of the Russian Federation only by judicial bodies of appeal or first instance.
- Verdict. This is a civil procedure document on the innocence or guilt of the defendant. It must be added that under paragraph 5 of Article 5 of the Code of Criminal Procedure, the decision is made by a panel of jurors.
Comments
It is worth noting that the most common procedural papers are documents of the second group. They record the process and the results of procedural activities. It's about protocols. So, the protocols of judicial and investigative actions are procedural papers in which the identification of the fact of production, content and relevant results of judicial and investigative actions is relevant. So, it is customary to highlight the interrogation protocol, the protocol of the scene analysis, the protocol of the court session, and so on.
Drawing up procedural documents
Rather strict requirements are imposed on the formation of protocols and other procedural papers. They are regulated by articles 166 and 167 of the Code of Criminal Procedure. The protocol includes an introductory, descriptive, and also resolutive (in other words, final) part. So, any sample of the procedural document should have an introductory component, which should contain the place and date of the proceedings, as well as a list of persons who participate or are present in the proceedings. In addition, references to articles of the Code of Criminal Procedure of the Russian Federation that are relevant to the topic are required.
The narrative contains a sequentially characterized process of action, as well as circumstances identified during the production of the action and the most important for the case. The final component of the protocol is information about the time of commencement and completion of the procedural action, as well as the conditions in which it was carried out. We are talking, for example, about the inspection of the scene or lighting. The final part also indicates the statements of those who participated or were present in the performance of a certain action. It is important to mention the annexes to the protocol, including schemes, plans, filming, photographs, phonograms of interrogation, prints of tracks and casts, as well as documents and items that were seized during the procedural action. Moreover, these facilities must be certified by the signature of the investigator, secured by the press and attached to the protocol of the investigation. In addition to the protocol, papers that record decisions of a procedural nature are represented by the submission of the prosecutor, investigator or inquiry officer, as well as objections, instructions, and so on.
Classification of documents by legal nature
In order to better understand the topic of varieties of procedural papers, it is advisable to study their classification by legal nature. Today emit:
- Documents bearing informational and certifying character.
- Documents of a regulatory authority character.
The first group of securities is the legal acts of the exercise of their rights by officials and the performance of relevant duties. Such documents, as a rule, state facts, describe the processes and results of certain actions of a procedural nature.This should include messages (for example, that the suspect has been detained), protocols and notifications (for example, regarding a personal search).
The documentation of the power-administrative type fixes decisions reflecting the presence of those circumstances that are legally significant and containing power regulations. These decisions serve as acts of use of legal standards (for example, definitions, decisions, sentences, indictments and acts).
Requirements for procedural documentation
It is important to note that all procedural papers must meet specific requirements. Requirements must be understood as the rules and conditions for the preparation of documents developed by practice or based on the current law. All procedural documentation must meet the requirements of a general nature, which are put forward by the decisions of a judge, investigator, prosecutor, interrogating officer. They are legal, justified and motivated. In addition, the documents must meet the requirements of the protocols of investigations in accordance with Article 166 of the Code of Criminal Procedure.
There are also special requirements. They are contained in the text of the law, which relates to a specific procedural paper. In the literature of the scientific field, the issue of requirements for criminal procedure documentation has been developed to a sufficient degree. Often, among the general requirements there appears validity, legality, motivation, a culture of production and consolidation of actions, decisions, as well as literacy and logical presentation. Consider these criteria in more detail:
- The legality of the criminal procedure paper is the compliance with the standards of substantive (usually criminal) and criminal procedure law. The procedural act will be legal if a number of conditions are met: the action taken or the decision taken is provided for by the criminal procedure law; the procedure for the production of an action is fully respected; substantive (usually criminal) law standards are used competently; the action and the corresponding decision, which is drawn up by the procedural paper, complies with moral standards.
- The justification of the criminal procedure paper is the conformity of the statements and conclusions contained in the act with the circumstances established in accordance with the criminal case.
- Motivation, which suggests that the sentence must be motivated in one way or another.
Conclusion
In the final part of the topic under discussion, it is advisable to summarize the issues studied and give a brief summary of the article. To begin with, it should be noted that the criminal procedure documentation should not only comply with the form established by applicable law, but also have a clear, concise, competent and logical statement. One way or another, acts of a procedural nature must comply with the requirements and standards of the modern Russian language in terms of spelling, punctuation, stylistics, and so on. It is worth remembering that illegible handwriting is a direct path to the inadmissibility of the evidence and other consequences that are very unpleasant for the criminal proceedings.
The procedural documentation must be executed competently and legally. So, absolutely every judgment, conclusion must be logical, and also fully comply with the legislation in force on the territory of the Russian Federation. Moreover, judgments and conclusions should be based on an exclusively modern level of knowledge in the field of law. Finally, the process papers are carried out electronically, typographically, or in another way. In the absence of forms of documents executed by means of the indicated techniques, they can be made by hand. This provision is confirmed by Part 2 of Article 474 of the Code of Criminal Procedure.