Do inquiry and preliminary investigation relate to procedural activities? Characteristic features of the institute

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One of the differences between inquiry and preliminary investigation consists in the fact that the inquiry officer does not make a separate decision to bring a person as an accused, but draws up an indictment, which in essence represents a procedural document that actually combines the decision to bring a person as an accused and the indictment. The indictment states (Article 225 of the Code of Criminal Procedure of the Russian Federation):

1) time and place of its compilation;

2) surname, initials and position of the person who compiled it;

3) information about the person involved in criminal liability;

4) the place and time of the commission of an act containing signs of a crime, its methods, motives, consequences and other circumstances that are significant...
significance in this criminal case;

5) the wording of the charge indicating the paragraph, part, article of the Criminal Code of the Russian Federation;

6) a list of evidence that must be examined by the court;

7) information about the victim, the nature and extent of the harm caused to him;

8) list of persons subject to summons to court. At the end of the inquiry, as well as the preliminary investigation, the accused and his defense attorney are given the opportunity to familiarize themselves with the materials of the criminal case in accordance with Art. 217 of the Code of Criminal Procedure of the Russian Federation (i.e., there is no special procedure for familiarizing with the case materials), which is noted in the protocol. The victim or his representative, at his request, may be given the right to familiarize himself with the materials of the criminal case in the same manner as is provided for the accused and his defense attorney.

The activities of the state and its bodies cover various spheres of social life. Solving problems related to ensuring the normal functioning of the economy, implementing foreign policy, creating conditions for the development of culture, science and education, maintaining the country’s defense capability, as well as performing other important functions - this is the content of this diverse and multifaceted activity.

One of the central places in it is occupied by the implementation of tasks to ensure law and order, protect the rights and freedoms of man and citizen, protect the rights and legitimate interests government and non-governmental organizations, labor collectives and public associations, the fight against crimes and other offenses. One of the support bodies public order is an inquiry. The activities of the inquiry bodies are of a public legal nature. Crime, being the most dangerous looking offenses, causes significant harm to the individual, the rights and freedoms of citizens, society, and the state. And this, in turn, obliges the authorized bodies of the state to take all measures provided for by law to protect the rights and freedoms of man and citizen, property, public order and public safety, environment, constitutional system of the Republic of Belarus from criminal attacks, as well as crime prevention.

Preliminary investigation is divided into two forms − inquiry and preliminary investigation. There are both similarities and differences between the bodies of inquiry and preliminary investigation. Their common features are as follows: they perform the same tasks in relation to various types criminal offenses; are obliged to initiate a criminal case within their competence if there are signs of a crime; carry out their activities on the basis of unified criminal procedure legislation; comply with the same procedural form in its activities.

The main differences are that the inquiry and preliminary investigation are carried out different organs. In certain cases, an inquiry precedes a preliminary investigation. There are also some differences in volume procedural powers the investigator and the person conducting the inquiry, in the timing of the inquiry and investigation, etc.

Inquiry body.

The body of inquiry is a state body authorized by law to carry out an inquiry.

According to Art. 37 of the Code of Criminal Procedure the bodies of inquiry are: police bodies; organs state security- on matters attributed by law to their possession; commanders of military units, formations, heads of military institutions and garrisons - in cases of crimes committed by military personnel, as well as those liable for military service during passage or training, as well as in cases of crimes committed civilian personnel armed forces in connection with the performance of official duties or at the disposal of a unit, formation, institution, garrison; heads of institutions executing criminal penalties in the form of imprisonment, pre-trial detention centers- in cases of crimes against established order performance of service committed by employees of these institutions, as well as in cases of crimes committed at the location of these institutions; border guard authorities - in cases of illegal crossing State border, as well as violation of the rules of carrying border service; Customs— in cases of smuggling and evasion of customs duties; financial investigation bodies - in cases assigned by law to their jurisdiction; state fire supervision authorities - in cases of fires and violations of fire safety regulations; captains of sea or river vessels located outside the Republic of Belarus - in cases of crimes committed on board the ship; heads of diplomatic and consular missions of the Republic of Belarus - in cases of crimes committed within the territory of these missions.

From this list it is clear that almost all law enforcement agencies of the Republic of Belarus carry out investigations in criminal cases. However, for them this is not the main function, but a derivative.

It should be noted that the bulk of criminal cases investigated in the form of inquiry are carried out by the police in two types: inquiry in cases in which a preliminary investigation is not necessary and inquiry in cases in which a preliminary investigation is mandatory. In addition, the police are expediting the preparation of materials.

Head of the investigation agency. Inquiries in criminal cases and proceedings for the accelerated preparation of materials are carried out under the leadership of the head of the inquiry body. According to Art. 38 of the Code of Criminal Procedure, he is obliged to organize the adoption of the necessary operational investigative and criminal procedural measures in order to detect crimes and identify the persons who committed them, prevent and suppress crimes. When conducting an inquiry in criminal cases, he is obliged to ensure a comprehensive, complete and objective investigation of the circumstances of the case and timely execution of the instructions of the investigator and prosecutor.

To carry out the management of the preliminary investigation of criminal cases in the form of inquiry, the head of the inquiry body is vested with the right to entrust the conduct of the inquiry to investigators who, under his leadership, investigate criminal cases. He gives instructions to the investigators about the inclusion of the accused, the classification of the crime and the scope of the charge. Directing the case and materials, carrying out individual investigative and procedural actions, transfers cases and materials from one investigator to another, entrusts the investigation to several investigators. He has the right to personally conduct an investigation, taking over the case for his own proceedings, or to carry out individual investigative or procedural actions in the case under investigation by the investigator.

All important decisions in a criminal case are made with the consent of the head of the investigative agency. He approves almost all decisions made by the investigator. These are decisions such as on the initiation or refusal to initiate a criminal case, on the conduct of a search, seizure and seizure of property, on the arrest, on the examination, on the removal of the accused from office, on the inclusion as an accused, on the election, change or cancellation of regarding the accused, suspect, a preventive measure in the form of detention, on termination, suspension, resumption of proceedings in the case, on sending the accused, suspect, who is not in custody, to medical institution for conducting an in-patient forensic medical examination, extending the period of detention, transferring, announcing a search for the accused, transferring the case to the prosecutor for sending to court, as well as protocols on the detention of persons suspected of committing crimes.

The instructions of the head of the investigative body in a criminal case are given in writing and are binding.

Appealing them to the prosecutor does not suspend execution.

4. OA structure Russian Ministry of Internal Affairs in Cheboksary

The inquiry department OP No. 1,2,3,4 includes 8 employees: the head of the inquiry department, the deputy head of the inquiry, 2 senior investigators, 4 investigators.

OD OP No. 5 includes 5 employees: Head of the inquiry department, deputy head of the inquiry, 3 investigators.

The police department has 3 employees.

Conclusion

Thus, I would like to note the fact that office work in the Cheboksary Ministry of Internal Affairs is one of the most important parts police work. At first glance, it seems insignificant: recording and execution of procedural documents, registration, filing of cases - in fact, is the most important link in the implementation of the court’s activities.

Due to the variety of tasks performed, officials of the investigative bodies perform various functions determined by the tasks of the body state power, in which they serve.

Among the officials of the investigative bodies, one can distinguish detectives - officials, empowered to solve crimes, search for those who committed them, as well as missing persons.

Other officials of the investigative bodies have control and supervisory powers V various fields public relations, and, despite his procedural status, do not always take part in criminal proceedings.

During my internship, I was able to partially become familiar with office work, I myself drew up subpoenas, organized the sheets in criminal cases, numbered them, made an inventory, and then registered them. He was present at interrogations of suspects and went to crime scenes.

List of used literature

2. Constitution Chuvash Republic(accepted State Council Chuvash Republic November 30, 2000) (with amendments and additions)

Issues of criminal law and procedure occupy many specialists, as well as people who want to better understand the intricacies of this topic. The differences between an inquiry and a preliminary investigation are very significant. They directly affect both the status of the suspect (accused) person and the timing of verification activities.

Inquiry- This is a form of investigation of predominantly minor or minor crimes. moderate severity. Based on the results of the inspection, an indictment is drawn up, which is approved by the head of the inquiry agency or the prosecutor.
Preliminary investigation– this is a form of investigation of crimes listed in Part 2 of Article 151 of the Code of Criminal Procedure of the Russian Federation (usually grave and especially grave), carried out in cases where the suspect has not been identified. Based on the results of the investigation, an indictment is drawn up.

Difference between inquiry and preliminary investigation

Thus, the most important difference– these are elements of criminal offenses and the presence of a guilty person. Investigators can investigate only those crimes that are listed in Part 3 of Article 151 of the Code of Criminal Procedure of the Russian Federation and for which there is a suspect, while investigators can investigate any crimes other than those listed in Part 2 of Article 151 of the Code of Criminal Procedure of the Russian Federation.
The inquiry is carried out within 20 days, if necessary extended for up to 10 days. If by this time the suspect has not been identified or he has not familiarized himself with the indictment, a preliminary investigation is carried out.

TheDifference.ru determined that the difference between an inquiry and a preliminary investigation is as follows:

Suspect. Inquiry is allowed only for those crimes where the suspect is known, preliminary investigation is allowed for other cases.
Circle of compositions. Inquiries are conducted only for crimes of medium and light weight, preliminary investigation - for grave and especially grave, as well as for other offenses listed in Part 2 of Article 151 of the Code of Criminal Procedure of the Russian Federation.
Bottom line. Based on the results of the preliminary investigation, an indictment is drawn up, and based on the results of the inquiry, an indictment is drawn up.
Dates. The preliminary investigation must be completed within up to 2 months, the inquiry - up to 20 days.
Extension of deadlines. The investigation period can be extended up to 6 months (by district or city prosecutors), up to 1 year (by the prosecutor of a constituent entity of the Russian Federation), or more ( Prosecutor General). The inquiry is extended for a maximum of 10 days.
Subject. The preliminary investigation is carried out by investigators of the Investigative Committee, Department of Internal Affairs, FSB, Federal Drug Control Service, the inquiry is conducted by investigators of the Department of Internal Affairs, FSSPR, GPN.

Thus, the most important difference is the elements of criminal offenses and the presence of a guilty person. Investigators can investigate only those crimes that are listed in Part 3 of Article 151 of the Code of Criminal Procedure of the Russian Federation and for which there is a suspect, while investigators can investigate any crimes other than those listed in Part 2 of Article 151 of the Code of Criminal Procedure of the Russian Federation.

The inquiry is carried out within 20 days, if necessary extended for up to 10 days. If by this time the suspect has not been identified or he has not familiarized himself with the indictment, a preliminary investigation is carried out.

The difference between an inquiry and a preliminary investigation is as follows:

1. Suspect. Inquiry is allowed only for those crimes where the suspect is known, preliminary investigation is allowed for other cases.

2. Range of compositions. Inquiry is carried out only for crimes of moderate and minor gravity, preliminary investigation is carried out for serious and especially serious crimes, as well as for other offenses listed in Part 2 of Article 151 of the Code of Criminal Procedure of the Russian Federation.

3. Bottom line. Based on the results of the preliminary investigation, an indictment is drawn up, and based on the results of the inquiry, an indictment is drawn up.

4. Dates. The preliminary investigation must be completed within up to 2 months, the inquiry - up to 20 days.

5. Extension of deadlines. The investigation period can be extended up to 6 months (by district or city prosecutors), up to 1 year (by the prosecutor of a constituent entity of the Russian Federation), or more (by the Prosecutor General). The inquiry is extended for a maximum of 10 days.

6. Subject. The preliminary investigation is carried out by investigators of the Investigative Committee, Department of Internal Affairs, FSB, Federal Drug Control Service, the inquiry is conducted by investigators of the Department of Internal Affairs, FSSPR, GPN.

Like the preliminary investigation, inquiry is a procedural activity built on the general principles and requirements of Russian criminal procedure legislation. The fundamental unity of inquiry and preliminary investigation lies in the fact that the bodies that carry them out are guided by common principles of process, uniform procedural legislation, and solve common and general problems of criminal proceedings. Being types of one stage of the process - the stage of preliminary investigation, inquiry and preliminary investigation still differ from each other in a number of ways.

1. The preliminary investigation is carried out by investigators, i.e. special officials for whom the investigation of crimes is the main and only responsibility. The inquiry is carried out by the bodies specified in the law and their officials, for whom conducting an inquiry is only one of the responsibilities assigned to these bodies when performing tasks related to managing or ensuring order in certain areas of social life.

2. When fulfilling their duty to investigate crimes, investigators of preliminary investigation bodies use only investigative and other procedural actions. The bodies of inquiry and investigators in their activities combine investigative and other procedural actions with operational intelligence, which are carried out with the help of a special auxiliary apparatus, operational equipment, scientific, technical and other means, as well as through personal investigation. These actions complement each other and ensure timely detection of crimes, identification of the persons who committed them, and persons evading inquiry, investigation and trial, as well as evading criminal punishment.

3. Inquiry and preliminary investigation differ according to the bodies included in different departmental systems. The number of bodies of inquiry is much greater than the bodies of preliminary investigation and they reflect the diversity social spheres requiring legal intervention security forces states.

4. Inquiry and preliminary investigation differ in the jurisdiction of criminal cases. The competence of the investigative bodies includes cases of crimes of minor and medium gravity, which are most often committed in the field of management and protection of public order. These crimes are less dangerous and difficult to investigate; they are revealed when carried out administrative functions and ensuring public order and security. The competence of investigators includes cases of serious and especially serious crimes, representing a large public danger, labor intensity and complexity in their investigation.

5. The inquiry differs from the preliminary investigation in terms of the procedural regime. In cases in which a preliminary investigation is mandatory, urgent investigative actions are carried out no more than 10 days from the date of initiation of the criminal case. The law does not provide for an extension of this period (Part 3 of Article 157 of the Code of Criminal Procedure). In cases in which the inquiry exhausts the investigation of the case, it is carried out within 30 days from the date of initiation of the criminal case. The supervising prosecutor can extend this period, but not more than by 30 days (Part 3 of Article 223 of the Code of Criminal Procedure).

For conducting a preliminary investigation, a two-month investigation period has been established from the date of initiation of the criminal case.

At the end of the preliminary investigation, the victim, civil plaintiff, civil defendant and their representatives, upon request, may familiarize themselves with the materials of the completed investigation in whole or in part, with the exception of the documents specified in Part 2 of Art. 317.4 Code of Criminal Procedure, write out necessary information and submit various types of petitions (Articles 216-218 of the Code of Criminal Procedure). At the end of the inquiry, which exhausts the investigation of the case, such rights are vested only in the victim or his representative at his request (Part 3 of Article 225 of the Code of Criminal Procedure). Compared to the preliminary investigation, the inquiry is simplified in that only the accused, his defense attorney, the victim or his representative at his request are familiar with the materials of the completed investigation.

In cases in which a preliminary investigation is mandatory, the investigator has the right to give the body of inquiry mandatory written instructions to carry out operational investigations and conduct certain investigative actions, on the execution of decisions on detention, arrest, on arrest, on the performance of other procedural actions, as well as to receive assistance in their implementation (clause 4, part 2, article 38 of the Code of Criminal Procedure). The bodies of inquiry do not have the right to give the investigator any instructions or instructions, and also do not have the right, without written instructions from the investigator, to carry out any procedural or investigative actions in the case being processed by the investigator. This indicates that in relation to the body of inquiry, the investigator occupies a position that gives him broader powers.

5. The investigator has the right, if necessary, to instruct the inquiry body to carry out investigative, search or operational search actions in another area or at the place of preliminary investigation. At the same time, the investigator has the right to get acquainted with the operational-search materials of the investigative bodies related to the case under investigation, give them written, binding orders and instructions and demand their assistance in carrying out investigative actions. The prosecutor, while supervising procedural activities, has the right to remove the investigator from further investigation, withdraw any criminal case from the investigative body, give instructions on the conduct of investigative and operational investigative activities, approve the decision of the investigator to terminate the proceedings, etc. This indicates the triple subordination of the interrogator: to the head of the inquiry body, from whom he receives the powers of the inquiry body and with whose approval he accepts major decisions in the case, the investigator and the prosecutor, as well as his lesser procedural independence compared to the procedural independence of the investigator.

12. Detention of a suspect as a measure of procedural coercion.

Measures of criminal procedural coercion- measures of a criminal procedural nature, used as methods of influencing the behavior of persons involved in the case.

They differ from other measures of state coercion in that:

· are applied during criminal proceedings and are procedural in nature;

· apply authorities states within their terms of reference;

· apply to persons participating in the case whose improper behavior or the possibility of such behavior creates or may create obstacles to the smooth course of criminal proceedings;

· have specific goals, arising from common tasks criminal proceedings; have special content and character.

means of restraint .

1. Detention of the suspect.

2. Preventive measures:

a) undertaking not to leave;

b) personal guarantee;

f) house arrest;

g) detention.

– obligation to appear;

- drive unit;

– obligation to appear;

- drive unit;

- monetary recovery.

Detention of a suspect - a measure of procedural coercion applied by the body of inquiry, inquiry officer, investigator or prosecutor for a period of no more than 48 hours from the moment of actual detention of a person on suspicion of committing a crime (Clause 11 of Article 5 of the Code of Criminal Procedure of the Russian Federation). The essence of this measure is the short-term deprivation of liberty of a person suspected of committing a crime in order to clarify his identity, involvement in the crime and decide whether to apply a preventive measure to him - as a rule, detention.

The basis for detaining someone on suspicion of committing a crime must be the specific circumstances listed in Part 1 of Art. 91 Code of Criminal Procedure of the Russian Federation:

1) when a person is caught committing a crime or immediately after its commission;

2) when victims or eyewitnesses point to this person as having committed a crime;

3) when obvious traces of a crime are found on this person or his clothing, on him or in his home;

4) if there are other data giving grounds to suspect a person of committing a crime. An exhaustive list of them is given in Part 2 of Art. 91 Code of Criminal Procedure of the Russian Federation.

If there is other information giving grounds to suspect a person of committing a crime, he may be detained if this person tried to escape or does not have permanent place residence, or his identity has not been established, or if the prosecutor, as well as the investigator or inquiry officer, with the consent of the prosecutor, sent a petition to the court to select a preventive measure in the form of detention in relation to the specified person.

The law regulates in detail the procedure for detaining a suspect, which is an important guarantee of the legality and validity of the detention and ensuring the rights of the detainee. A person is considered a suspect from the moment of his actual arrest.

Detention procedure includes next steps:

Actual detention and personal search;

Drawing up a protocol (3 hours from the moment of delivery to the preliminary investigation body);

Notification of the prosecutor (12 hours from the moment of arrest);

Interrogation of the suspect no later than 24 hours from the moment of actual arrest. Before the start of the interrogation, the suspect, at his request, must be provided with a meeting with a defense lawyer alone, confidentially and for at least 2 hours;

Notifying any of the close relatives, and in their absence - other relatives, or providing the possibility of such notification to the suspect himself (no later than 12 hours from the moment of detention).

The period of detention cannot exceed 48 hours. Only a judge has the right to extend this period by making a decision to extend the period of detention, but no more than 72 hours. After this time, the suspect is subject to release.

In other words, the period of detention of a suspect should not exceed a total of 120 hours.

Art. 96 of the Code of Criminal Procedure of the Russian Federation obliges the body of inquiry, the inquiry officer or the investigator to inform the prosecutor in in writing about the arrest made before the expiration of 12 hours from the moment of detention of the suspect.

A detained suspect must be interrogated no later than 24 hours from the moment of his actual detention. However, if the suspicion of committing a crime has not been confirmed or there are no grounds for applying a preventive measure in the form of detention, and also if the detention was carried out in violation of the requirements of Art. 91 of the Code of Criminal Procedure of the Russian Federation, then the detainee is released from custody.

For certain categories of persons, the Code of Criminal Procedure of the Russian Federation provides special order detention. In accordance with Art. 449 of the Code of Criminal Procedure of the Russian Federation, it is established in relation to members of the Federation Council, deputies State Duma, judges, prosecutors, the Chairman of the Accounts Chamber of the Russian Federation, his deputy and auditors of the Accounts Chamber of the Russian Federation, the Commissioner for Human Rights in Russian Federation, the President of the Russian Federation, who ceased to exercise his powers.

The grounds and procedure for the release of a detainee are established in Art. 94 Code of Criminal Procedure of the Russian Federation.

By decision of the inquirer, investigator or prosecutor, the suspect is subject to release in following cases:

1) if the suspicion of committing a crime has not been confirmed;

2) if there are no grounds for applying a preventive measure in the form of detention;

3) if the detention was made in violation of the requirements of Art. 91 of the Code of Criminal Procedure of the Russian Federation, which establishes the grounds, conditions, and motives for detention.

The suspect is subject to release after 48 hours from the moment of detention, unless the court has chosen a preventive measure of detention against him. The exception is cases when one of the parties provides additional evidence, and the judge decides to extend the detention for a period of no more than 72 hours. The judge indicates in the decision the date and time until which he extends the detention, which is recognized by the court as legal (clause 3 part 7 article 108 Code of Criminal Procedure of the Russian Federation).

13. The relationship between publicity and discretion in criminal proceedings

"Dispositivity is a principle of criminal proceedings, by virtue of which its participants, defending their personal, protected or represented interests in the case, as well as other interested parties, have the opportunity to dispose of the subject of the criminal process (charge) or controversial substantive law in the proceedings of a civil claim in a criminal case , as well as, in order to protect the interests defended, dispose of procedural rights, the implementation of which has a significant impact on the criminal proceedings"

The limits of the victim's exercise of his discretionary right to dispose of the prosecution are established by the legislator by establishing an exhaustive list of crimes for which criminal prosecution is conducted in private. These include crimes that infringe on the private rights of citizens and do not affect the rights and interests of the state and society as a whole.

The victim in cases of private prosecution has the right to dispose of the subject of the criminal process, that is, at his own discretion, he makes decisions on the initiation and termination of criminal proceedings, and determines the progress of the process by his actions. At the stage of initiating a criminal case, the main discretionary law the victim has the right to initiate a criminal case of private prosecution by submitting an appropriate application to the magistrate. The victim can terminate the criminal proceedings through reconciliation with the accused or renunciation of the charges, which are also forms of implementing the principle of discretion. Legislative regulation of the institution of reconciliation of the parties, which is one of the most important ways of developing the principle of discretion and reflecting the private principles of criminal proceedings, has serious shortcomings, and the reconciliation procedure itself remains practically unregulated by law. It is important to more clearly reflect in the law the conditions and procedure for reconciliation as grounds for terminating a criminal case.
Dispositiveness is also implemented when initiating criminal cases private-public accusation, as well as criminal cases of crimes provided for in Chapter 23 of the Criminal Code of the Russian Federation.
When initiating criminal cases of private-public accusations, discretion is manifested in the right of the person who has suffered from a crime to the fact that without his statement, a criminal case of private-public accusations cannot be initiated. In the same way, discretion is manifested in criminal proceedings regarding crimes specified in Art. 23 of the Code of Criminal Procedure of the Russian Federation, which are initiated upon the application of the head of a commercial or other organization that is not state or municipal enterprise, or with his consent. Criminal cases of this category, it seems, should be classified as cases of private-public prosecution.
Dispositiveness manifests itself not only in proceedings in cases of private and private-public prosecution (we believe it is appropriate to talk about dispositivity in the narrow sense), this principle is not characteristic of separate category cases, and the judicial process in general (dispositivity in the broad sense).
Dispositiveness is also manifested in the fact that the criminal procedure law makes the production of certain investigative actions dependent on the discretion of the participants in the criminal process. In particular, discretion is manifested during an examination (examination of a witness with his consent), inspection of a home (Part 5 of Article 177 of the Code of Criminal Procedure of the Russian Federation), exhumation (Part 3 of Article 178 of the Code of Criminal Procedure of the Russian Federation).
An important manifestation Witness immunity should be recognized as dispositive in criminal proceedings. A person endowed with witness immunity may refuse to testify, or may agree to testify, that is, not to use his immunity. It is this property that gives witness immunity a dispositive character.
A manifestation of discretion is also the right of the accused, in cases provided for by law, to choose the type of judicial authority, for the resolution of which a criminal case or type of judicial procedure(alternative jurisdiction). Even at the stage of execution of the sentence, there are elements of discretion, which are manifested in the right of the convicted person, in cases provided for by law, to go to court to resolve issues related to the execution of the sentence (about parole from serving a sentence in accordance with Article 79 of the Criminal Code of the Russian Federation, on replacing the unserved part of the sentence with a milder type of punishment in accordance with Article 80 of the Criminal Code of the Russian Federation).
Thus, the principle of discretion is present at all stages of criminal proceedings and creates such a regime for the implementation of criminal procedural activities, which guarantees the opportunity for a private individual to freely exercise his substantive and procedural rights in order to protect his personal interests in criminal proceedings, on which the course of criminal proceedings and the measure of proper behavior of officials depend law enforcement in emerging criminal procedural relations.
Criminal proceedings, based solely on public principles, cannot ensure the maximum protection of the rights and interests of an individual who falls into the sphere of criminal procedural activity. The guarantee of respect for the individual, ensuring human rights and freedoms is not only the strict observance of the law by the state, but also the establishment of the sphere of activity and independence of the individual.
Supplementing the public principle with a dispositive one, building a criminal process based on their reasonable combination for the purposes of adequate protection both state, public and personal interests of citizens involved in criminal proceedings, ultimately serves to achieve the goals of criminal proceedings as a whole.

Publicity. The essence of the principle of publicity in criminal proceedings - the court, prosecutor, investigator and body of inquiry are obliged, within their competence, to initiate a criminal case in each case of detection of signs of a crime and to take measures provided for by law to establish the event of the crime, the persons guilty of committing the crime, and to punish them .

(the articles are indicated incorrectly) The principle of publicity is based on the provisions of the Constitution of the Russian Federation, which imposes on the state the obligation to protect the rights and freedoms of man and citizen (Article 2). The protection of human rights and freedoms in criminal proceedings is carried out by initiating a criminal case and taking

measures provided for by law to bring him or her as an accused. At the same time, law enforcement agencies must act regardless of the victim’s appeal to them.

Associated with the characterization of the criminal process as public in nature is what is accepted in legal practice and specialized literature division of criminal cases into cases of public prosecution, private prosecution and private-public prosecution. The vast majority of criminal cases fall into the first category. These are cases of crimes that are initiated, investigated and resolved regardless of the will of the victims. Article 126 of the Code of Criminal Procedure establishes that cases of crimes under Art. 115, part 1 art. 129 and 130 of the Criminal Code are initiated only on the basis of a complaint from the victim and are subject to termination in the event of reconciliation between him and the accused. These are private prosecution cases. In Part 2 of Art. 126 of the Code of Criminal Procedure names cases of private-public prosecution (Part 1 of Article 131 and Article 146 of the Criminal Code). They are initiated upon the complaint of the victim, but are not subject to termination due to reconciliation.

(True) Exceptions to the principle of publicity are the provisions of Art. 23, 25 of the Procedural Code of the Russian Federation, the procedure for resolving applications for crimes listed in Art. 20 of the Code of Criminal Procedure of the Russian Federation, as well as consideration of cases of private prosecution (Article 20 of the Code of Criminal Procedure of the Russian Federation). But even in the consideration of private prosecution cases, the principle of publicity leaves its mark. For example, the law states: if a crime under Art. 115, 116, part 1 art. 129, art. 130, part 1st. 131, hours 1 tbsp. 136-139, art. 145, part 1 art. 146 and part 1 of Art. 147 of the Criminal Code of the Russian Federation, committed against a person who is in a dependent state or for other reasons is not able to independently exercise his rights, the prosecutor, and with the consent of the latter, the investigator and interrogator, have the right to initiate such a case even in the absence of a complaint from the victim. The case initiated by the prosecutor is sent for inquiry or preliminary investigation, and after the investigation is completed, it is considered by the court in general procedure. Such a case cannot be terminated after reconciliation between the victim and the accused.

When a victim’s application is received directly in court to bring a person to criminal liability for causing minor harm to health, beatings, insult or slander, from which it is clear that the person’s actions contain signs of particularly malicious hooliganism, attempted murder or other crimes, the preliminary investigation of which is mandatory, the judge, in accordance with the requirements of the law, must (if sufficient data is available) send a statement of jurisdiction.

The imposition on the prosecutor, investigator, body of inquiry and interrogator of the obligation in each case of detection of signs of a crime to take the measures provided for by the Code of Criminal Procedure of the Russian Federation to establish the event of a crime, to expose the person or persons guilty of committing a crime, distinguishes the Russian post-revolutionary criminal process from most foreign analogues.

14. The procedural procedure for choosing a preventive measure is detention.

Criminal procedural law provides for the possibility of applying state coercive measures to persons who do not comply with the requirements of the law, or to prevent such failure.

Measures of procedural coercion- these are the means provided for by the Code of Criminal Procedure of the Russian Federation coercive influence on participants in criminal proceedings, applied government agencies and officials (inquirer, investigator, prosecutor and court) within the limits of their powers in order to ensure the proper behavior of its participants and to prevent opposition on their part to the normal course of the investigation and trial.

They differ from other measures of state coercion in that they are applied during criminal proceedings and are of a procedural and legal nature.

The closest in practical significance measures of procedural coercion are reduced by the legislator to single section IV Code of Criminal Procedure of the Russian Federation (Chapters 12–14).

According to their purpose, measures of criminal procedural coercion are divided into means of restraint, warnings illegal behavior And means of ensuring proper behavior.

In the Code of Criminal Procedure of the Russian Federation, Section IV is devoted to measures of criminal procedural coercion. Taking into account the specific focus of the procedural tasks to be solved, as well as the peculiarities of application, all these measures are divided into three relatively independent groups:

1. Detention of the suspect.

2. Preventive measures:

a) undertaking not to leave;

b) personal guarantee;

c) observation by the command of the military unit;

d) supervision of a minor accused;

f) house arrest;

g) detention.

3. Other measures of procedural coercion:

a) in relation to the suspect or accused:

– obligation to appear;

- drive unit;

– temporary removal from office;

– seizure of property;

b) in relation to the victim, witness, civil plaintiff, civil defendant, expert, specialist, translator and (or) attesting witness:

– obligation to appear;

- drive unit;

- monetary recovery.

The law regulates in detail procedural order application of coercive measures. They are applied according to motivated decision relevant officials or the court, and the most severe of them can only be applied by court decision(detention, house arrest, temporary removal from office).

Preventive measure. The full list of preventive measures is enshrined in Art. 98 Code of Criminal Procedure of the Russian Federation.

Grounds for applying preventive measures is evidence supported by sufficient evidence that the accused:

1) may hide from the inquiry, preliminary investigation or court;

2) can continue to study criminal activity;

3) may threaten a witness, other participants in criminal proceedings, destroy evidence, or otherwise obstruct the proceedings in a criminal case, i.e. may commit actions that interfere with establishing the truth;

4) in case of conviction and imposition conviction will evade execution of the sentence (Article 97 of the Code of Criminal Procedure of the Russian Federation).

When choosing a preventive measure and determining its type, in addition to the grounds, the severity of the charge, information about the identity of the suspect or accused, his age, state of health, marital status, occupation and other circumstances must also be taken into account (Article 99 of the Code of Criminal Procedure of the Russian Federation).

The selection of a preventive measure is formalized by a resolution issued by the inquiry officer, investigator, prosecutor, or a ruling issued by the court. A copy of the decision or ruling is given to the person in respect of whom it was made. At the same time, this person is explained the procedure for appealing the decision to select a preventive measure, established by Art. 123–127 Code of Criminal Procedure of the Russian Federation.

More stringent preventive measures require other special guarantees of their legal and justified application. Thus, for the application of bail by an investigator or interrogating officer, the consent of the prosecutor is required (Part 2 of Article 106 of the Code of Criminal Procedure of the Russian Federation); house arrest and detention are applied by court decision (part 2 of article 107, part 1 of article 108 of the Code of Criminal Procedure of the Russian Federation).

Preventive measures are applied to a suspect only in exceptional cases and, as a rule, for up to 10 days. If he is not charged within this period, the preventive measure is canceled immediately.

The preventive measure is subject to cancellation when it is no longer necessary. If the grounds or conditions for her election change, another one is assigned instead - a stricter or more lenient measure (Part 1 of Article 110 of the Code of Criminal Procedure of the Russian Federation).

A preventive measure may also be chosen to ensure the execution of a sentence.

Listed reasons are common to the selection of any preventive measure. Special grounds or conditions include the circumstances of election specific measure suppression.

Special grounds:

Minority (Article 105 of the Code of Criminal Procedure);

Attitude to military service (Article 104 of the Code of Criminal Procedure);

Availability of a written request from the guarantor (Article 103 of the Code of Criminal Procedure);

The severity of the crime committed (Article 108 of the Code of Criminal Procedure).

Detention- the most severe preventive measure, which consists of forced deprivation of liberty by placement in a pre-trial detention center.

In addition to the general grounds, special grounds are required to choose a preventive measure such as detention:

Accusation or suspicion of committing crimes for which the criminal law provides for punishment in the form of imprisonment for a term of more than two years;

Impossibility of using another, milder preventive measure;

Accusation or suspicion of committing a crime, punishable by imprisonment for up to two years, in the presence of one of following conditions: the suspect or accused does not have a permanent place of residence on the territory of the Russian Federation; his identity has not been established; he violated a previously chosen preventive measure; he hid from the preliminary investigation authorities or from the court.

Stages of choosing detention as a preventive measure:

· Establishment of general and special reasons to select a preventive measure.

· The prosecutor, as well as the investigator and inquiry officer, with the consent of the prosecutor, file a corresponding petition before the court, for which a decision is made. (If a petition is filed against a suspect detained in accordance with the procedure established by Articles 91 and 92 of the Code of Criminal Procedure, then the resolution and the specified materials must be presented to the judge no later than 8 hours before the expiration of the detention period.)

· Consideration by a judge of a petition to select detention as a preventive measure. The review is carried out by a single judge district court or a military court of the appropriate level with the participation of the suspect or accused, prosecutor, defense attorney, if the latter is involved in a criminal case, at the place of the preliminary investigation or at the place of detention of the suspect within 8 hours from the moment the materials are received by the court.

· The judge makes a decision: 1) to select a preventive measure in the form of detention in relation to the suspect or accused, 2) to refuse to satisfy the petition; 3) to postpone the adoption of a decision at the request of a party for a period of no more than 72 hours for it to provide additional evidence of the validity of the detention.

Detention during the investigation of crimes cannot exceed 2 months. If it is impossible to complete the preliminary investigation within up to 2 months and in the absence of grounds for changing or canceling the preventive measure, this period may be extended in accordance with Art. 108 Code of Criminal Procedure. Deadline detention at the preliminary investigation stage is 12 months.

15. The concept of criminal prosecution and its types. Powers of bodies and persons to carry out criminal prosecution.

Criminal prosecution is a procedural activity carried out by the prosecution in order to expose a suspect accused of committing a crime.

During criminal prosecution, evidence is collected confirming the fact of a crime and incriminating a certain person of its commission. In the process of criminal prosecution, the charge is formed and then formulated in a certain procedural document, for example, in a resolution to charge a person as an accused.

Based on the above, we can highlight the points from which criminal prosecution can begin:

·
initiation of criminal proceedings against a specific person

·
actual detention persons suspected of committing a crime

·
application of a preventive measure to a person before bringing charges

·
implicating a person as an accused

·
serving a person suspected of committing a crime with a notice

Thus, the above allows us to consider criminal prosecution as a procedural activity in a criminal case, carried out by the subjects of the prosecution within the limits of their competence in order to expose the suspect and accused of committing a crime.

Types of criminal prosecution(Part 1 of Article 20 of the Code of Criminal Procedure): public, private-public and private.

Private prosecution cases- these are cases of crimes of minor gravity, provided for in Art. 115,116,129, part 1 art. 130 CC. A criminal case in this category of cases is initiated only at the request of the victim or his legal representative and is subject to termination in connection with the reconciliation of the victim with the accused. Reconciliation is allowed before the court is removed from meeting room for sentencing.

Cases of private-public prosecution(Part 3 of Article 20 of the Code of Criminal Procedure) are initiated only at the request of the victim, but are not subject to termination in connection with the reconciliation of the victim with the accused.

All other criminal cases relate to cases of public prosecution. The initiation of this category of criminal cases does not depend on the expression of will interested parties and is the responsibility of the preliminary investigation authorities and the prosecutor.

Investigations into cases of public and private-public accusations are carried out in accordance with the general procedure. Criminal proceedings in cases of private prosecution, it is specifically regulated in Chapter. 41 Code of Criminal Procedure.

Characteristic signs criminal prosecution:

1. procedural activity (carried out in the forms provided for by the criminal procedure law);

2. carried out by competent state bodies and officials (only they have the right and obligation to establish the factual circumstances of the case, give them a legal assessment and make appropriate decisions on the case);

4. has a state-imperious, public character, as it is ensured by the coercive power of the state;

5. is the main driving force of the criminal process, which organizes the entire process in a specific criminal case and determines the content and direction of the proceedings on it.

Related information.

Preliminary investigation- the second stage of the criminal process, in which the preliminary investigation and inquiry bodies, in the manner prescribed by law, carry out activities aimed at solving the crime, comprehensively and objectively investigate the circumstances of the case, expose persons guilty of committing a crime, ensure their prosecution and prepare criminal materials cases for trial.

The stage of preliminary investigation begins with the issuance of a decision to accept the criminal case for proceedings and ends with the drawing up of an indictment or indictment, a decision to terminate the criminal case (criminal prosecution), or a decision to send the criminal case to court to resolve the issue of application to the person. coercive measures medical nature.

goals: a) solve a crime; b) expose the perpetrator of the crime certain crime or rehabilitate an innocent person; c) create a sufficient evidence base for the trial; d) ensure the personal participation of the accused in court; e) guarantee a possible court decision on compensation for damage caused by the crime.
To achieve these goals, this stage faces certain tasks.: a) search, collection and examination of evidence in the case; b) ensuring the right of the accused (suspect) to defense; c) application (if necessary) of procedural coercive measures; d) transmission ug. cases to court or termination of the criminal case. affairs or ug. persecution.

types of preliminary investigation are provided for by the Code of Criminal Procedure of the Russian Federation. By current legislation preliminary investigation can only be carried out in two forms: preliminary investigation and inquiry.

The main form of preliminary investigation is preliminary investigation. This is explained Firstly, by the fact that the legislator refers to this area the proceedings in most criminal cases (Part 3 of Article 150 of the Code of Criminal Procedure of the Russian Federation); A, Secondly, allowing for those listed in clause 1, part 1, art. 150 of the Code of Criminal Procedure of the Russian Federation, the possibility of conducting an inquiry, the legislator at the same time limits this exception with the order that according to written instructions prosecutor, criminal cases can be transferred for preliminary investigation (Part 4 of Article 150 of the Code of Criminal Procedure of the Russian Federation).

A preliminary investigation is also mandatory in all cases against persons who have committed a crime in a state of insanity, or persons who, after committing a crime, have developed a mental disorder that makes it impossible to impose a punishment or carry it out (Part 1, Article 434 of the Code of Criminal Procedure of the Russian Federation).

In accordance with Art. 151 of the Code of Criminal Procedure of the Russian Federation, the preliminary investigation is carried out by investigators from internal affairs bodies, investigators from the prosecutor’s office, investigators from the FSB, and investigators from drug control agencies.

Inquiry- a form of preliminary investigation carried out by an inquiry officer (investigator) in a criminal case in which a preliminary investigation is not necessary (clause 8 of Article 5 of the Code of Criminal Procedure of the Russian Federation).

The inquiry is carried out by inquiry officers and investigators of various government agencies. The inquiry is carried out within 30 days. If necessary, this period can be extended by the prosecutor to 30 days. Further, the period of inquiry can be extended to 6 months if it is necessary to conduct a forensic examination by the district, city prosecutor and their deputies. In exceptional cases related to a request for legal assistance, the period of inquiry may be extended by the prosecutor of the subject up to 12 months

DIFFERENCES: Inquiry– This is a form of investigation of predominantly crimes of minor or medium gravity. Based on the results of the inspection, an indictment is drawn up, which is approved by the head of the inquiry agency or the prosecutor.

Preliminary investigation– this is a form of investigation of crimes listed in Part 2 of Article 151 of the Code of Criminal Procedure of the Russian Federation (usually grave and especially grave), carried out in cases where the suspect has not been identified. Based on the results of the investigation, an indictment is drawn up.

is as follows:

1. Suspect. Inquiry is allowed only for those crimes where the suspect is known, preliminary investigation is allowed for other cases.

3. Bottom line. Based on the results of the preliminary investigation, an indictment is drawn up, and based on the results of the inquiry, an indictment is drawn up.

4. Dates. The preliminary investigation must be completed within up to 2 months, the inquiry - up to 20 days.

40!! General terms preliminary investigation (terms, jurisdiction, connection and separation of criminal cases, etc.).

General conditions of preliminary investigation - legal provisions(requirements) of an organizational and legal nature, expressing the most important and specific features investigations and providing effective activity to establish the truth. They are called general conditions because they contain requirements regulating a uniform and mandatory procedure for criminal proceedings for all bodies conducting the investigation. the case is at the preliminary investigation stage. Any deviation from their instructions is a violation of the pre-trial procedure. process and entails a series negative consequences both for the officials who committed this violation, and for the investigation of the case as a whole.
Meaning is that their compliance contributes to a comprehensive, complete and objective investigation of the crime. to do as much as possible short time and with the least expenditure of forces and resources of law enforcement agencies.
The general conditions of the preliminary investigation form a certain system rules (provisions) enshrined in the current criminal procedure law. This system includes rules according to which:

1) forms of preliminary investigation; 2) jurisdiction ug. affairs; 3) place of conduct of the preliminary investigation; 4) the order of connection of the corner. affairs; 5) the order of allocation of corners. affairs; 6) allocation procedure separate production carbon materials affairs; 7) commencement of the preliminary investigation; 8) carrying out urgent investigative actions; 9) the procedure and form for completing the preliminary investigation; 10) procedure for restoring angle. affairs; 11) mandatory consideration of the application; 12) measures of care for children, dependents of the suspect or accused and measures to ensure the safety of his property; 13) inadmissibility of disclosure of preliminary investigation data.
Jurisdiction means a set of signs of criminal law established by the criminal procedure law. cases, depending on which the form of the preliminary investigation and the competence of the body or official authorized to conduct the investigation are determined this case.
Ugh. the process knows the following signs of jurisdiction: subject (generic); territorial (local); personal; alternative; via communications ug. business
The generic (subject) sign of jurisdiction is determined by the nature and degree of social danger of the crime committed, which is reflected in its qualification.
The Code of Criminal Procedure stipulates which crimes and by whom should be investigated exclusively in the form of a preliminary investigation, and in cases of which crimes we can limit ourselves to an inquiry. Moreover, for crimes of minor and medium gravity, the prosecutor can recognize necessary inquiries on ug. case in which it is not recognized as mandatory.
The local (territorial) sign of jurisdiction establishes the spatial limits of the powers of preliminary investigation bodies or officials and is determined by the place of commission of the act containing the signs of a crime.
The personal sign of jurisdiction, in turn, contributes to the delimitation of competence to investigate criminal cases. cases depending on the special qualities of the subject who committed the crime (his age, state of health, official position, etc.). In particular, the Code of Criminal Procedure provides that the preliminary investigation of crimes “State. treason”, “Espionage”, “Disclosure of state. secrets" "Loss of documents containing state. secret" of the Criminal Code is the exclusive prerogative of investigators of the federal authorities. security services.
An alternative feature determines jurisdiction in cases where the responsibility for conducting an investigation may be assigned to one of the bodies depending on certain circumstances.
Jurisdiction for connection ug. cases occurs in cases where the preliminary investigation of one case is connected with the investigation of another.
Angle connection affairs. In accordance with this condition, corners can be combined into one production. cases regarding:
1) several persons who have committed one or more crimes in complicity;
2) one person who has committed several crimes;
3) a person accused of concealing crimes that were not promised in advance and are being investigated under these laws. affairs;
4) connection angle. cases are also allowed in cases where the person to be charged as an accused has not been identified, but there are sufficient grounds to believe that several crimes were committed by one person or group of persons.
Connection base several corners cases in one proceeding is a reasoned decision of the head investigative body.It should be borne in mind that after connecting the corner. cases, the period of production on them is determined by ug. the case with the longest period of preliminary investigation. At the same time, the production time for the remaining ug. affairs are absorbed most long term and is not additionally taken into account.
Isolation of ang. affairs. For optimal volume control investigative proceedings and successful completion of the investigation of crimes as possible short terms The inquirer or investigator is given the right to allocate criminal cases into separate proceedings, however, subject to proper provision of the rights of the participants in the settlement. legal proceedings.
In accordance with the current criminal procedure law separation from ug. cases into a separate proceeding in another district. cases are allowed in relation to:
1) individual suspects or accused in criminal law. cases of crimes committed in complicity. That is, when there is a need to suspend the ug. case against one of the accused. Such a need arises in cases where, according to ug. not all persons to be brought as accused have been identified in the case, when one of the suspects or accused has fled from the investigation or his location has not been established for other reasons, when the location of the suspect or accused is known, however real opportunity his participation in the is absent in the case, as well as in the case of a temporary serious illness of one of the suspects or accused, preventing his participation in investigative and other procedural actions;
2) a minor suspect or accused charged under one criminal offense. business with an adult;
3) other persons suspected or accused of committing a crime not related to the acts charged in the criminal case under investigation. case when this becomes known during the preliminary investigation.
Ugh. the case may be separated into separate proceedings even if during the investigation it is established that one of the accomplices committed the act in a state of insanity or one of the accomplices developed a mental disorder after the commission of the crime.
In addition, if possible this question should be resolved positively in the case when ug. the case is subject to trial by jury, but one or more defendants refuse to have their case examined by such a court.
Isolation of ang. cases are carried out on the basis reasoned decision of the investigator or inquiry officer. If ug. If the case is separated into separate proceedings for the investigation of a new crime or against a new person, then the resolution must contain a decision to initiate criminal proceedings. affairs.
Term of preliminary investigation at ang. case, separated into separate proceedings, is calculated from the date of the relevant decision, when the criminal case is allocated. case for a new crime or against a new person. In other cases, the period is calculated from the moment of initiation of that criminal case. the case from which it was separated into separate proceedings.

41!! Preliminary investigation system. Preliminary investigation- second stage pre-trial proceedings in a criminal case, the purpose of which is to prepare a criminal case for trial, and sometimes for adoption here final decision in the form of termination of a criminal case or criminal prosecution.

In Russian criminal proceedings, preliminary investigation is the main form of pre-trial preparation of case materials .

the importance of the preliminary investigation stage is the process of collecting, verifying and evaluating evidence for subsequent consideration and resolution of a criminal case by a court

Goals are:

solving a crime;
exposing a guilty person of committing a certain crime or rehabilitating an innocent person;
formation of a sufficient evidence base for trial;
ensuring the personal participation of the accused in court;
guaranteeing the execution of a possible court decision on confiscation of property or compensation for damage caused by a crime.

tasks:

search, collection and examination of evidence in the case;
ensuring the right of the accused (suspect) to defense;
application, if necessary, of procedural coercive measures;
transfer of a criminal case to court or termination of a criminal case or criminal prosecution

The preliminary investigation system consists of three classical stages:

1) General investigation, which is conducted in relation to a general - indefinite circle of persons). In the Russian process, this stage is carried out from the moment of initiation of a criminal case until a decision is made to charge a person as an accused.

2) Summary investigation, which includes summing up the evidence obtained, filing charges and clarifying the arguments of the accused.

3) A special investigation that is carried out in relation to a specific accused. On at this stage Taking into account the confirmation or refutation of the defense’s arguments, the validity of the incriminating evidence is once again checked and the final charge is determined. In the Russian preliminary investigation, this stage begins after the interrogation of the accused and ends with the drawing up of an indictment.

According to the Code of Criminal Procedure, there is a fourth stage of pre-trial preparation - the activities of the prosecutor in a case received with an indictment or indictment.

42. Grounds and procedure for suspending and resuming the preliminary investigation. Suspension of a preliminary investigation is a temporary interruption in the procedural activities of a person conducting criminal proceedings, caused by the objective impossibility of continuing and completing the investigation due to the absence of a suspect or accused, or a person to be brought as an accused; begins from the moment the suspension order is issued and ends with the decision to resume it or terminate the criminal case. After the suspension of the preliminary investigation, such or procedural activities in the case are not allowed

The preliminary investigation is suspended if one of the following grounds exists:
1) the person to be charged as an accused has not been identified;
2) the suspect or accused has disappeared from the investigation or his location has not been established for other reasons;
3) the location of the suspect or accused is known, but there is a real possibility of his participation in the crime. case is missing;
4) temporary serious illness of the suspect or accused, certified medical report, prevents his participation in investigative and other procedural actions.
The investigator issues a resolution to suspend the preliminary investigation, a copy of which is sent to the prosecutor.
If at ang. 2 or more accused are involved in the case, and the grounds for suspension do not apply to all the accused, then the investigator has the right to separate the case into separate proceedings and suspend the case. case against individual defendants.
On grounds 1 and 2, the preliminary investigation is suspended only after its period has expired. On grounds 3 and 4, the preliminary investigation may be suspended until the end of its term.
Before the suspension of the preliminary investigation, the investigator carries out all investigative actions that can be carried out in the absence of the suspect or accused, and takes measures to search for him or to identify the person who committed the crime.
Having suspended the preliminary investigation, the investigator notifies the victim, his representative, civil plaintiff, civil defendant or their representatives and at the same time explains to them the appeal procedure this decision. If the preliminary investigation is suspended on grounds 3 and 4, the suspect, the accused and his defense attorney are also notified of this.
After the suspension of the preliminary investigation, the investigator:
1) if the person to be brought in as an accused has not been identified, take measures to identify the person to be brought in as a suspect or accused;
2) if the suspect or accused has fled from the investigation or his location has not been established for other reasons, establishes the location of the suspect or accused, and if he has fled, takes measures to search for him.
After the suspension of the preliminary investigation, investigative actions are not permitted.
Resumption of preliminary investigation means lifting restrictions.

The preliminary investigation is resumed based on the investigator’s decision after:
1) the grounds for its suspension no longer exist;
2) there is a need to carry out investigative actions that can be carried out without the participation of the suspect or accused;
3) the prosecutor has canceled the decision to suspend the preliminary investigation.
Having recognized the decision of the head of the investigative body or investigator to suspend the preliminary investigation as illegal or unfounded, the prosecutor, no later than 14 days from the date of receipt of the materials of the criminal investigation. case cancels it, about which it issues a reasoned decision outlining the specific circumstances subject to additional investigation, which together with the materials ug. cases are immediately forwarded to the head of the investigative agency.
A suspended preliminary investigation may also be resumed on the basis of a resolution of the head of the investigative body in connection with the cancellation of the corresponding resolution of the investigator.
The suspect, the accused, his defense attorney, the victim, his representative, the civil plaintiff, the civil defendant or their representatives, as well as the prosecutor are informed about the resumption of the preliminary investigation.

43. (I’m not exactly sure about this issue) Grounds and procedure for termination of the case (Articles 24 and 25 of the Code of Criminal Procedure of the Russian Federation). Grounds and procedure for terminating criminal prosecution (Articles 27, 28, 28.1 of the Code of Criminal Procedure of the Russian Federation). One of the forms of ending the preliminary investigation may be its termination. In many cases, it manifests itself in the adoption of a decision that entails the refusal to carry out, as a rule, all investigative actions on a specific criminal case. case, regardless of who was involved in the case. responsibility. In such cases, it is customary to talk about the termination of the case.
But not uncommon life situations of a different plan: the involvement of a certain person involved in the crime is not confirmed by sufficient evidence. responsibility, to the commission of a crime, or are identified as related to the person of this person circumstances due to which further proceedings in the case are impossible or make no sense. In other words, we're talking about not about terminating the case as a whole, but about terminating the case. persecution, i.e. on refusal to perform procedural actions to expose a specific suspect or accused.
IN CPC grounds divided into 2 groups: grounds for termination of the criminal case. cases and grounds for termination of the criminal case. persecution.
Rehabilitative(entail the complete restoration of the reputation of a particular person, questioned by the fact of being brought to criminal liability, and serve as one of the guarantees of compensation for harm caused by illegal decisions and actions of state bodies and officials carrying out criminal proceedings): absence of a crime event; absence of corpus delicti in the act; absence of a statement from the victim, if ug. the case can be initiated only at his request; non-involvement of the suspect or accused in the commission of a crime; the presence in relation to the suspect or accused entered into legal force a verdict on the same charge or a court ruling or a judge's decision to terminate the criminal case. cases on the same charge; the presence in relation to the suspect or accused of an unreversed decision of the body of inquiry, the investigator to terminate the criminal case. cases on the same charge or refusal to initiate criminal proceedings. affairs;
Non-rehabilitative: lapse of time; death of a suspect or accused, with the exception of cases where proceedings under criminal law. the case is necessary for the rehabilitation of the deceased; as a result of the amnesty act; in connection with the reconciliation of the parties; in connection with active repentance; in connection with the application of coercive measures to a minor educational influence; due to mental disorder of the person who committed the crime.
Criminal prosecution against a suspect or accused is terminated on the following grounds:
non-involvement of the suspect or accused in the commission of a crime. Non-involvement - unidentified involvement or established non-involvement of a person in the commission of a crime.
if ug. the case cannot be brought.
due to underage age. responsibility;
in connection with a mental retardation not associated with a mental disorder, due to which the minor could not fully understand the actual nature and social danger of his actions (inaction) and control them at the time of committing the act provided for by the Code. by law.

Termination of ug. persecution, taking into account the above circumstances, may entail the use of compulsory educational measures, including placement in a special educational institution closed type.
act of amnesty, on the basis of which those involved in criminal liability, the person is released from such liability;
the presence in relation to the suspect or accused of a verdict on the same charge that has entered into legal force or a court ruling or a judge’s decision that has entered into legal force to terminate the criminal case. cases on the same charge;
refusal State the Duma in giving consent to the deprivation of immunity of the President of the Russian Federation who has ceased to exercise his powers, and (or) the refusal of the Federation Council to deprive the immunity of this person.
The bases of this group also include:
active repentance of the suspect or accused. It refers to the statement and actions (behavior) of such a person, which clearly indicate his regret regarding the crime he committed. Actions of this kind may be voluntary confession, assistance in solving a crime, compensation for damage caused, or other redress for harm caused as a result of a crime.
possibility of correction minor accused with the help of compulsory educational measures. By this basis at the stage of preliminary investigation. prosecution may be terminated in cases where a minor is charged as a defendant in a crime of minor or medium gravity.
cases when the nature of the act committed and the mental disorder of the person are not associated with danger to him or other persons or the possibility of causing him something else significant harm. Termination of ug. prosecution on this basis becomes possible when, by the end of the preliminary investigation, it becomes clear: firstly, that the person brought to justice due to a painful condition or other mental disorder at the time of committing an act prohibited by law. by law, was insane or that due to such a painful condition or disorder discovered during the investigation of the case, he cannot be punished; secondly, that such a person, by the nature of his mental state and behavior, does not represent, according to the conclusion of a forensic psychiatric examination, a danger either to himself or to others.
The procedure for terminating the affairs or ug. prosecution at the preliminary investigation stage. This order is characterized by the following provisions:
the decision to terminate the case is formalized by a procedural document called the resolution to terminate the criminal case. cases (corner of persecution). This resolution must be motivated - with a mandatory indication of the factual circumstances of the case and provided by law specific grounds for its termination. It must also resolve questions about material evidence, about the abolition of a preventive measure, a seizure imposed on property, or another measure of procedural coercion;
such a decision is made independently official who investigated the case, or the prosecutor. An exception to this rule are cases when a decision is made in connection with the reconciliation of the suspect or accused with the victim, the active repentance of the suspect or accused, as well as in connection with the recognition of the possibility of correcting a minor accused with the help of compulsory educational measures. In these cases, the consent of the prosecutor is required for the inquiry or investigator to make a decision;
in cases where termination of a case or prosecution is allowed only with the consent of the suspect, accused or victim, the decision must indicate the presence of such consent;
the investigator or inquiry officer, having terminated the case or prosecution, is obliged to send a copy of the decision to the prosecutor supervising the investigation, who may cancel it if it is declared illegal or unfounded and resume the proceedings;
to the person in respect of whom the criminal case has been terminated. persecution, the victim, civil plaintiff and civil defendant are given or sent a copy of the resolution to terminate the criminal case. affairs or ug. persecution. In this case, the victim, the civil plaintiff, may be explained the right to bring a claim in civil proceedings in cases where the law allows this. Upon termination of proceedings on rehabilitative grounds, a person who was illegally involved in criminal proceedings. responsibility, a corresponding notice is given.
Resolution to terminate the affairs or ug. persecution, like other procedural decision, adopted at the stage of preliminary investigation, can be appealed not only to the prosecutor, but also to the court.
The prosecutor, based on the results of checking the legality and validity of the decision, has the right to cancel it and, by his decision, resume the proceedings in the case. A slightly different procedure is provided for cases when the complaint is considered by a judge: if he recognizes the decision as illegal or unfounded, he sends his decision (resolution) to the prosecutor for execution. The latter, in agreement with the judge, resumes the proceedings and entrusts it to the inquiry body or investigator. In case of disagreement with the judge, the prosecutor has the right to enter into cassation authority with a proposal to cancel or change the judge’s decision.

44. The procedure for completing the preliminary investigation with an indictment. Indictment: content and meaning The relationship between the indictment and the decision to bring the accused .. Before the investigator begins to draw up the indictment, he must fulfill a number of procedural actions:

· notification of the completion of the preliminary investigation of the accused and an explanation of his right to familiarize himself with the criminal case, both in person and with the help of a defense lawyer, legal representative, about which a protocol is drawn up (part 1 of article 215 of the Code of Criminal Procedure of the Russian Federation);

· notification of the completion of the preliminary investigation to the defender, legal representative, victim, civil plaintiff, civil defendant and their representatives (Part 2 of Article 215 of the Code of Criminal Procedure of the Russian Federation);

· familiarization with the criminal case of the victim, civil plaintiff, civil defendant or their representatives (Article 216 of the Code of Criminal Procedure of the Russian Federation);

· familiarization of the accused and his defense attorney with the criminal case (Article 217 of the Code of Criminal Procedure of the Russian Federation);

· resolution of petitions received from participants in criminal proceedings (Articles 122, 121, 219 of the Code of Criminal Procedure of the Russian Federation);

· presentation of additional materials to the participants in the criminal process if they appeared as a result of the satisfaction of the submitted petitions (Part 2 of Article 219 of the Code of Criminal Procedure of the Russian Federation);

· drawing up an indictment (Article 220 of the Code of Criminal Procedure of the Russian Federation).

Closing indictment- this is the last procedural act, in which the accusation is formulated, where the investigator, based on the evidence, concludes that it is necessary to bring the person to criminal responsibility, and therefore transfers the criminal case to the prosecutor, who, after approval, sends the criminal case with an indictment to the court for consideration on the merits. After approval by the prosecutor, it receives legal force.

Indictment - a procedural document in which the investigator, based on the evidence, makes a conclusion about the need to bring a person as an accused and subsequently bring him to criminal responsibility and, after approval of the act by the head of the inquiry body, it is sent to the prosecutor for subsequent approval and referral to court for consideration (Article 225 Code of Criminal Procedure of the Russian Federation).

The prosecutor, having received a criminal case with an indictment from the investigator, makes the decisions specified in Art. 221 Code of Criminal Procedure of the Russian Federation. After approval of the indictment, the prosecutor sends the criminal case to the court (Article 222 of the Code of Criminal Procedure of the Russian Federation). Decisions made by the prosecutor in a criminal case received by him with an indictment are regulated in Art. 226 Code of Criminal Procedure of the Russian Federation.

Preliminary investigation ends drawing up an indictment. As for the indictment drawn up during the investigation, it is at this moment must already be drawn up and signed by the investigator.

The significance of these procedural documents is determined by the fact that they must contain a detailed statement of the circumstances of the crime committed and a clear formulation of the presented to a specific person accusations. Exactly these procedural documents determine the subject and scope of the upcoming trial. Therefore, they must be objective (based on the entire body of collected and verified evidence), definite (and not alternative), legally sound (contain clear references to the norms of criminal and criminal procedural laws).

In connection with this significance of these documents, criminal procedural legislation regulates their content in detail. In particular, Part 1 of Art. 220 of the Code of Criminal Procedure of the Russian Federation indicates the mandatory components of the indictment.

An integral annex to the indictment are:

1) a list of persons to be summoned to the court hearing from the prosecution and defense, indicating their place of residence and (or) location;

2) a certificate about the duration of the investigation, about selected measures suppression, indicating the time of detention and house arrest, physical evidence, civil action, measures taken By 40b securing a civil claim and possible confiscation of property, procedural costs, and if the accused or victim has dependents - about the measures taken to ensure their rights.

In almost the same way, the requirements for the content of the indictment are determined (Part 1 of Article 225 of the Code of Criminal Procedure of the Russian Federation). But in some respects these requirements are not similar to the requirements for the content of the indictment. This is expressed, for example, in three provisions that defy clear explanation:

1) the law does not oblige to indicate in the indictment information about civil plaintiff And civil defendant;

2) it also does not oblige the aforementioned certificate of preventive measures, material evidence, etc. to be attached to the indictment;

3) the list of persons summoned to court must be included in the contents of the indictment.

After the investigator or other person investigating the case has signed the indictment and its appendices, the case is sent to the prosecutor. The indictment, after it has been signed by the interrogating officer and familiarized with it by the accused and his defense attorney, is submitted along with the case materials for approval, first to the head of the inquiry agency, and then to the prosecutor.

Ratio:Resolution on bringing as an accused- this is a procedural act that gives rise to legal relations with a specific person who committed a crime. Therefore, regardless of the number of persons brought as defendants in one criminal case, the decision to bring them as defendants is made in relation to each of them separately. At the same time, the wording of the charge in the resolution regarding each accused must specify the actions of each person, as well as his role in committed crime. It is a violation of the criminal procedure law when the investigator draws up single resolution about implicating him as an accused, and then multiplies the number of accomplices, changing only their personal data.

The resolution on implicating a person as an accused acquires legal force after it is signed by the investigator. It is from this moment that a person acquires the status of an accused, and a new participant appears in the criminal process with certain rights and responsibilities. After making a decision, the investigator is obliged to bring charges against him.

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