Criminal procedure acts and their types

Normative acts as sources of procedural law have special legal force. Such documents express the jurisdictional powers of the prosecutor's office, investigative / inquiry bodies, and authorities directly involved in the proceedings. Consider further the concept and meaning of criminal procedure acts.

General information

Procedural acts of criminal proceedings consolidate decisions made in the framework of the proceedings, record the actions of authorized employees. These documents determine the termination, occurrence, change of legal relations. In this regard significance of criminal procedure acts great enough. The legislation imposes increased requirements for their content and design. Criminal proceedings ensure the transition of the proceedings from one stage to another. The exclusive right to publish such documents is reserved only to entities whose list is directly established by law.

The concept of criminal procedure acts

In view of the foregoing, the following definition can be formulated. The procedural act in criminal proceedings - a document published by an authorized entity having a jurisdictional state-power character. It causes a change, termination, the occurrence of legal relations regulated by the CPC.

Criminal procedure acts and their types

The main classification is carried out depending on the content. By this criterion criminal procedure acts and their types united in two large groups. The first includes documents that record actions. They are called protocols. In the second group are combined criminal procedure actsfixing decisions taken by authorized bodies and employees.

Protocols

These criminal procedure acts reflect the progress and results of investigative measures. Protocols are drawn up at different stages of the proceedings. During the preliminary investigation, each event is recorded in a separate document. All actions carried out in the framework of legal proceedings are reflected in one act. The CPC provides for various protocols:

1. Acceptance of an oral report of a crime.
2. Inspection.
3. Familiarization of the accused (his counsel) with the collected materials.
4. Interrogation.

Filling Features

CPC established strict form of criminal procedure acts. The protocol includes an introductory, descriptive, and also final part. The first section indicates:

1. Document's name.
2. Place, date, time of registration.
3. The position of the authorized employee, his F.I.O.
4. Procedural status, F. I. O., information about the identity of the participant in the investigative measure. Here is information about the suspect, witnesses, witnesses and other persons involved in the action.
5. The rules of the CPC, according to which the event is carried out.
6. A note that participants were explained their responsibilities and rights.

The narrative reveals the essence of the ongoing investigation. It also reflects the result of the action taken, other circumstances relevant to the criminal process. For example, in the descriptive part in the protocol of the inspection of the place of the event, all the traces and other objects related to the crime are indicated. The document must contain information about all seized items. In the final part, a note is made on the fact of familiarization of the participants with the protocol.It also provides their comments and statements regarding the action taken or the course of fixing its results. The signing of the document is carried out by all participants in the event. Minutes of the court session are signed only by the chairperson and the secretary.

Decision fixing documents

These criminal procedure acts quite diverse. First of all, they include decisions. These documents record any decisions:

1. Prosecutors, investigators, interrogators, taken in the framework of pre-trial proceedings. The exception is the indictment.
2. Ships, except for sentences pronounced alone.
3. Presidium of the supervisory authority.

The documents fixing decisions include definitions. They are taken out during the collegial consideration of cases of crime. The definitions do not include sentences, as well as decisions of the Presidium of the supervisory authority. Indictments are final criminal procedure actsdrawn up as part of the preliminary investigation. In such documents, the authorized employee or body provides legal qualifications for the actions / omissions of a person suspected of a crime based on an analysis of the evidence collected. Decisions also include sentences. They are regarded as acts of justice establishing the innocence or guilt of a person. They determine the punishment or release from liability of a citizen. Indictments - the final procedural documents drawn up by the bodies of inquiry. It reflects the same information as in the indictment.

Additionally

The procedural acts-decisions also include:

1. The conclusion of the prosecutor. It represents the final act of verification or investigation at the stage of the resumption of criminal proceedings on the basis of newly discovered facts.
2. The conclusion of the judicial board. Such a procedural act is issued upon consideration of issues relating to the initiation of proceedings against a number of categories of entities and their involvement in the status of the accused.
3. Detention protocols. These procedural acts record the decision of the inquiry officer / investigator in relation to persons suspected of crimes.

The structure of decision documents

Most of these acts include the following parts:

1. Introductory.
2. Descriptive and motivational.
3. Resolutive (final).

The first section contains information about:

1. Name of the document.
2. Location, time, date of compilation.
3. The rank (class rank) of the position, F. I. O. of the authorized employee who draws up the document.
4. Case number.

Descriptive and motivational part

It describes the circumstances that led to the adoption of the relevant decision. This part should indicate the procedural grounds and clear motives. In addition, there should be links to articles regulating the procedure for making a fixed decision. The presence of a descriptive and motivating part enables the authorized employee to demonstrate the content of his analytical activity, which preceded the preparation of the document. Through this section of the act, the requirements of validity and legality presented to any procedural decisions are expressed.

The operative part

It, in fact, contains the procedural decision itself. The operative part reflects the will of the authorized person, issued in accordance with the circumstances of the case on the basis of the requirements of the law. At the conclusion of the document should be a clear and concise decision, not providing for a double interpretation. The certificate must be signed by the inquiry officer, judge, investigator or prosecutor. In some cases, other participants also put their signature if the document affects their interests.If the decision must be agreed upon or approved by a higher authority or official, an appropriate resolution is affixed to the act.

Other documents

This category includes papers that do not have the signs of a criminal procedure act. These documents are not associated with any state-power expression of will. Moreover, they do not in all cases determine the termination, occurrence, change of criminal procedural relations. Such documents are compiled by many participants in the proceedings at its various stages. Their main classification is made depending on the subjects that draw them up. By this criterion, the following groups of other criminal procedure documents are distinguished:

1. Authorized bodies and employees.
2. The participants in the proceedings.

Documents of bodies and employees

They have a public-law nature, as they come from government agencies and officials. At the same time, as noted above, they are not conditioned by state-power expression of will. Such documents may be addressed to other authorized employees and bodies, as well as to other participants in the proceedings. This category of papers includes, first of all, submissions. These are the acts of response:

• the prosecutor for court orders or initiating proceedings on the initiation of proceedings in relation to a number of categories of persons and their involvement in the status of accused;
• Sun on decisions of the COP and the ECHR;
• investigator or interrogator on facts that contribute to the commission of an unlawful act.

Other documents include an application. It represents:

1. A document in which there is an appeal to the court of the investigator / interrogator with an official request to carry out a procedural measure or make a decision. The petition is sent to obtain the approval of the authority in the commission of acts affecting the constitutional freedoms of individuals.
2. The appeal of the prosecutor (public prosecutor) in a meeting on the implementation of certain activities or decision-making. The specified entity has the right to file a motion on any aspects of the proceedings, along with other participants.

Other types

The procedural documents also include:

1. Notification. It is a written message sent to interested parties by the inquiry officer / investigator about the implementation of certain actions or the adoption of decisions. For example, these employees must notify the court and the prosecutor about the search of the home within 24 hours without a resolution of the court examining the case.
2. Written Instruction. It is addressed to the investigator / interrogator by a senior official, as well as the prosecutor.
3. Separate order. In such documents, the investigator gives orders to carry out certain investigative or other actions by other law enforcement agencies or employees conducting a preliminary investigation. A separate order may be sent to the inquiry body or another investigator.
4. The agenda. It is a written notice of the participant in the proceedings about his obligation to appear to the investigator, interrogating officer, the court to carry out procedural actions. Most often, citizens are summoned for questioning.
5. The dissenting opinion of the judges. This document reflects the disagreement of the official with the findings of other employees on issues to be decided upon in the sentencing. A dissenting opinion should be motivated.
6. Question sheet. This procedural document fixes the questions that the court poses to the jury, as well as the answers to them.

Objections

They also apply to other procedural documents. Objections may be filed by the investigator / inquiry officer at the direction of the head or prosecutor. Such documents reflect a disagreement with an unreasonable, according to employees, order.The objection must include a clear motivation, links to relevant articles of the law. In fact, this document is a specific subtype of the complaint coming from an authorized person. Objections may also be filed to the requirements of the prosecutor to eliminate violations of federal law. They must also be motivated. Such a document is sent to the head of the investigating authority. Objections are also filed with complaints. For example, the prosecutor has this right. He may file an objection to the cassation / appeal.