Investigative actions during the investigation and at the stage of verification of reports of crime vary. Consider which of them the authorized person is entitled to carry out before the initiation of a criminal case. There is a difference between investigative and verification activities.
Order
The end of the verification activities is accompanied by the approval of the decision to institute criminal proceedings. The document should contain information about the person who accepted the criminal case for production, the grounds, as well as information about the suspect or other data on the fact of the commission of an unlawful act.
However, before the execution of the decision, the investigator or interrogating officer carries out verification activities to report the crime. Verification is carried out in a period of 3 to 30 days, depending on the complexity of the committed act.
Upon approval of the decision, an authorized person may cancel it and send it for an additional investigation. It can be held for 10 days, and if extended, up to 30, after which a decision is made on refusal, initiation or transmission of a message to a body competent in its consideration.
Investigative actions before initiating a criminal case (verification)
Prior to the ruling, the official performs a series of actions that help to understand the committed act. So, within the time period established by the criminal procedural law, it is necessary to check the registered illegal fact and establish whether there is a reason and grounds for excitation.
Verification is regulated by the code of procedure (Code of Criminal Procedure of Russia).
So, the inquirer (or investigative officer), as well as the heads of the investigative bodies and the bodies of inquiry, have the right to perform the following actions at the stage of verification activities:
- accept explanations and fix them in the form of a survey in the audit materials;
- inspect the scene, as well as things, objects, documents;
- receive various samples for comparative studies;
- seize items, documents and other things necessary to establish an event;
- to appoint a forensic examination (the investigator, interrogating officer or head of the department carefully monitors the reasonable terms of the examination);
- require documentary checks, audits;
- attract experts and specialists;
- give written advice to the inquiry body, which is looking for persons hiding from the investigation.
The actions allow the authorized person to establish the reason and reason for the issuance of the decision with the motivational grounds for starting a criminal case.
If the verification measures did not help to establish the grounds and reason, the investigator refuses to initiate a criminal case, which is sent to the prosecutor to verify the correctness of the decision (in any case, whether it is an inquiry or investigation).
Pre-trial investigative measures differ from actions taken at the preliminary investigation stage. Servants of the law need to clearly distinguish between the types of activities and their purpose.
Extension of verification activities
These events are a short stage, which takes about three days. The investigator has the right to extend this period to ten or even thirty days in the event that the investigative actions carried out before the initiation of the criminal case require a long time.
What are the reasons?
If there are grounds and reasons, the Commissioner shall initiate proceedings. There are several reasons for deciding whether to institute criminal proceedings:
- Statement of a citizen about a crime committed.
- A personal visit to the police with a confession.
- Information about the crime (committed or preparing for it) obtained from the media or other sources.
- Orders sent by the prosecutor with information that may be the basis for the decision.
Grounds
This is the data that is sufficient to establish signs of a crime. What investigative actions to initiate a criminal case to implement to an authorized person, is established by him independently and depends on the circumstances of the case.
Preliminary investigation stage
Investigative actions carried out before the procedure in question should be the basis for making the right decision with legal justification and the right motivation. In the course of establishing the facts, a decision is made to initiate, to refuse or to transfer under jurisdiction.
The preliminary review stage is rather complicated, since the investigative actions before the ruling is not so wide. They give the authorized person only some of the rights to establish the fact of a crime.
Investigative actions after criminal proceedings
In this case, for a preliminary investigation and finding evidence in the case, a period of two months is established for investigators, and one month for investigators.
All actions are regulated by the chapters of the Code of Criminal Procedure of the Russian Federation. They include:
- Inspection of objects, the place of the committed act (with the preparation of the protocol) is carried out at any time of the day or night.
- Medical and other examination - is prescribed and performed with the help of medical specialists.
- An investigative experiment - that is, projecting a situation in real time to test the possibility of a crime.
- Search.
- Notch.
- Removing records of telephone conversations - made by sending a request to telephone companies.
- Receiving information about telephone and other connections - carried out by compiling a request for the provision of information on magnetic media.
- Interrogation - recorded in the protocol.
- Identification.
- Confrontation.
- Forensic proceedings.
- Verification of indications.
These actions are recorded by recording and are the basis of the criminal case.
It should be noted! The investigative actions after the initiation of criminal proceedings are more extensive. They allow the investigator to get more information about what happened. That is why the legislator gives more time for the preliminary investigation than for the implementation of verification measures.
Investigative actions before initiating a criminal case in the Code of Criminal Procedure of the Russian Federation are enshrined in one 144 article, and after the initiation of criminal proceedings, they are divided into several chapters.
The actions of the investigator, as a rule, are fixed in the form of decisions and reports. In addition, the investigator or interrogator should not confuse investigative actions before and after the initiation of a criminal case, since the goals of these two stages are different.
Criminal prosecution for verifying a crime report
There are three types of prosecution:
- private;
- private-public;
- public.
Their distinguishing feature is the method of accepting reports of a crime and the possibility of reconciliation between the parties.
Investigative actions carried out prior to the initiation of a criminal case are easier and simpler than those that are carried out after the ruling is issued.