Differences between preliminary investigation and inquiry. Distinctive features of inquiry from preliminary investigation

Human activity is not always lawful. Very often people go beyond what is permitted. Such acts are called offenses because they actually destroy an existing legal order in the state. Of course, the degree of damage public relations from this kind of action can be completely different. It all depends on the severity committed act. At the same time, not only offenses are of great interest, but also the process of identifying and suppressing them.

IN Russian Federation this is done by special people who are authorized to implement certain activities legislation. Type of offense in in this case plays a big role. The form of the proceedings and the type of agency that will directly implement it will depend on this factor.

As we know, the most dangerous offenses for society are felonies. Such actions are persecuted current legislation, and their commission is subject to legal liability in accordance with the sanctions of the Criminal Code of Russia. Proceedings of crimes, in turn, are carried out in the form of a pre-trial investigation, which has two forms: investigation and inquiry. The last type has own characteristics and specific legal regulations.

Investigation. Concept

Crime trials are characterized by a number of specific specific aspects. The forms of this activity are elements of one institution - crime investigation. In science, it is presented as a series of actions by authorized bodies carried out in order to obtain any information on socially dangerous acts committed.

In addition, the investigation is carried out to identify the conditions and causes of the crime, the persons who carried it out, as well as to apply measures to them criminal liability. Activities of this kind have been developing for many years in a row on the territory of the modern Russian Federation. Today, the investigation of crimes is carried out by representatives of the relevant law enforcement agencies of Russia in such forms as preliminary inquiry and investigation. It should be noted that both types have common and different features.

The difference between inquiry and investigation

So, we found out that inquiry is one of the elements or forms of crime investigation. However, there is such a thing as a consequence. Very often, inquiry and investigation are confused with each other. To differentiate the essence of terms, it is necessary to understand their meaning.

First of all, one should take into account the fact that inquiry and investigation are forms of crime investigation. That is, in both cases we are talking about establishing factual data about a socially dangerous act committed. But there are some nuances. The main delimiting factor is severity crimes committed. In other words, the inquiry is carried out on acts of minor and moderate severity, and the investigation - for grave and especially grave cases.

Based on the results of each activity, a own document. During an inquiry we have an indictment, and during an investigation we have closing indictment. Thus, the presented forms of activity are completely different. Therefore, inquiry and preliminary investigation must be understood and differentiated, since the degree of measures taken legal liability in both cases it will be different.

Inquiry concept

When analyzing any phenomenon, it is necessary to take into account its meaning. After all, it is in the concept that the main essence and possibilities of a particular activity are hidden. Thus, inquiry is a form of investigation of crimes, as already mentioned above, the purpose of which is to carry out investigations into the commission of crimes of minor and medium gravity.

It is worth noting that this form investigation is known not only in the Russian Federation. It is actively used in many countries of Eastern Europe and the Middle East. In addition to its purely practical purpose, the institution of inquiry plays an important role for scientific study investigations within domestic legislation.

Characteristic features of the institute

The investigation takes place under strict conditions procedural framework. At the same time, there is a specificity of this form of investigation, which manifests itself in several specific aspects, namely:

• inquiries are carried out only in cases in which there is a suspect;
• based on the results of the activity, an indictment is issued;
• the inquiry takes place within thirty days;
• extension of the period of inquiry is allowed, but not more than thirty days;
• the described form of investigation is implemented in different law enforcement agencies, which have an inquiry department.

The presented features fully reveal the specifics of the institute and its capabilities in the investigation of criminal offenses.

Forms of inquiry

Despite the simplicity of its regulation, the institution described in the article can be implemented in completely different ways. The implementation algorithm will depend on the form of the inquiry. Today, there are several main forms, if we take into account the provisions of the current criminal procedure legislation:

1. Inquiry in full form.
2. Abbreviated inquiry.
3. Implementation of urgent investigative actions.

The last form is the simplest when compared to the other two. Its essence lies in the fact that the bodies of inquiry then carry out the necessary investigative actions, the purpose of which is to record traces of public dangerous act. A special feature of the form is the fact that after all necessary activities materials are transferred to the investigator. That is, this type of inquiry exists to ensure the entire investigation, in order to prevent the loss of any important information, etc.

Short form

The abbreviated type of inquiry is quite interesting. This kind of procedural activity is quite possible if we take into account the provisions of domestic legislation. Abbreviated inquiry is a procedure applicable in the case of irrefutable and undeniable involvement specific person to a crime. This form exists to limit the irrational waste of funds and forces of the investigative bodies, which may arise as a result of the proceedings. In essence, a shortened inquiry is an opportunity to save time. But to produce such a form, a number of mandatory points must be present.

Production specifics

An inquiry in an abbreviated form is carried out only if there is a certain reasons. Key Features proceedings are presented in Chapter 32(1) of the Russian Federation. It should be noted that the conditions listed in the law must be met without exception, namely:

• a criminal case is initiated regarding the crime;
• the suspect fully admits the act he committed, the harm caused by him, and does not challenge the legal qualifications;
• there are no circumstances preventing the investigation.

Of great importance last point. Its elements are presented in

Facts excluding an abbreviated inquiry

The presented norm, that is, Article 226(2) of the Code of Criminal Procedure, contains a number of circumstances, the presence of which does not allow the implementation of an abbreviated form of inquiry. These points include the following:

• the suspect is a minor;
• there are grounds for implementing medical measures;
• the person has committed several acts, one of which is under preliminary investigation;
• the suspect does not speak the language of legal proceedings;
• The victim objects to the shortened inquiry.

The presence of at least one of these features excludes the conduct of an abbreviated inquiry procedure.

Abbreviated procedure

There are several main features of conducting an inquiry in an abbreviated form in addition to those previously presented:

1. in an abbreviated form, begins to be calculated from the moment a decision is made on the implementation of this type of production. Moreover, the investigation period in this case is no more than fifteen days.
2. The scope of actions is limited to the most urgent and necessary ones, which fully prove the guilt of the criminal and the extent of the harm caused to him.
3. In such a production mandatory a defender is involved.
4. The punishment imposed by the court should not exceed half the amount or term of the most severe type provided for in the sanction of a particular article.

It should be noted that the inquiry in an abbreviated form can be terminated and resumed at as usual. This fact is the main guarantee of ensuring freedoms and human rights.

Preliminary inquiry bodies

Not all authorities and their officials can implement the form of investigation described in the article. The list of entities that have an inquiry department in their structure is presented in Article 40 Russian Code of Criminal Procedure Federation. According to its provisions, authorized bodies are:

• internal affairs bodies, as well as other law enforcement agencies that have the right to carry out operational investigative activities;

• Federal Bailiff Service;
• Military police of the RF Armed Forces, unit commanders, heads of military institutions;
• State Fire Inspectorate;
• captains of long-distance vessels;
• heads of Arctic stations, heads of wintering areas;
• heads of consular and diplomatic missions.

Thus, exclusively the bodies presented above preliminary inquiry may implement the described form of investigation under certain conditions.

Professional holiday

The existence of interrogators in various organs our state necessitated the creation of a special holiday. This can be called the Day of Inquiry. It is celebrated annually on the sixteenth of October. It is worth noting that on this day the Inquiry of the Ministry of Internal Affairs and all other bodies are celebrated, the structure of which includes the corresponding departments. This is a special holiday for them.

The Day of Inquiry largely proves the need for such activities and its significant role in the process of fighting crime on the territory of the Russian Federation.

The current criminal procedural legislation of the Russian Federation provides for two forms of preliminary investigation:

1. 1. inquiry;
   2. preliminary investigation.

Such differentiation is due to a large number of both substantive and procedural prerequisites: the varying severity of the crimes being investigated, etc.

At the same time, both inquiry and preliminary investigation, being forms of the same stage of procedural activity - preliminary investigation, are aimed at achieving common goal and solving general procedural problems. Consequently, the order of their implementation is very close to each other. This is expressed in particular:

• • V general conditions preliminary investigation,
  • in uniform ways of collecting and verifying evidence,
  • in the same requirements for support and legitimate interests the persons involved,
  • in identical means state coercion etc.

Both the investigator and the investigator are vested with other general procedural powers; the activities of both of these participants are carried out subject to judicial and departmental control, as well as prosecutorial supervision.

Evidence obtained during the investigation has the same value for the court legal force, as well as the evidence collected during preliminary investigation.

Therefore, in accordance with Part 1 of Art. 223 of the Code of Criminal Procedure, the inquiry is carried out according to the same rules as the preliminary investigation, but with the exception of some procedural features.

Preliminary investigation is considered the main form of investigation, since it most fully presents all procedural possibilities pre-trial proceedings and guarantees of the rights of the persons involved. Therefore, the investigation of most criminal cases is carried out precisely in the form of a preliminary investigation and is regulated by the provisions of a separate chapter. 22 of the Code of Criminal Procedure of the Russian Federation. In turn, inquiry is a simplified form of investigation. Its implementation is possible only in some criminal cases involving crimes of minor or moderate gravity, listed in Part 3 of Art. 150 of the Criminal Procedure Code and do not pose much difficulty in the investigation.

Differences between preliminary investigation and inquiry:

1) In the method of criminal procedural regulation. So, according to Part 2 of Art. 150 UPC production Preliminary investigation is mandatory in all criminal cases, with the exception of those in which an inquiry may be conducted. This means that in the remaining cases listed in Part 3 of Art. 150 of the Code of Criminal Procedure, it is possible to conduct an inquiry. If necessary, including on the written instructions of the prosecutor, the inquiry may be replaced by a preliminary investigation.

2) In subjects. The preliminary investigation in criminal cases is carried out by an investigator. In the case of a large volume or complexity of the criminal case, the preliminary investigation in accordance with Art. 163 of the Code of Criminal Procedure can be entrusted to several investigators (investigation team) at once. Only if it is necessary to quickly detect and consolidate traces of a crime, immediately collect evidence on initial stage investigations in cases in which a preliminary investigation is mandatory, the body of inquiry also has the right to carry out urgent investigative actions (parts 1-3 of article 157 of the Code of Criminal Procedure).

3) In terms of timing. For the preliminary investigation, in comparison with the inquiry, the legislator establishes longer ones, which, moreover, do not have maximum limits(Part 5 of Article 162 of the Code of Criminal Procedure).

4) B procedural status a person subject to criminal prosecution. During the preliminary investigation, the person against whom the investigation is carried out criminal prosecution, at first, as a rule, remains in the status of a suspect, and then -. Depending on the nature of the crime committed and the specific circumstances of the criminal case, the involvement of a person as an accused may take place at any stage of the preliminary investigation. During the investigation, the person against whom criminal prosecution is being carried out receives the status of an accused only in actual fact. last stage- at the time of the indictment against him. Thus, throughout the entire previous procedural activity of the investigator, this person remains in the status of a suspect.

5) In the way of forming the position of the prosecution for the subsequent trial. The preliminary investigation is characterized by a two-stage method of forming the prosecution's position: first, the investigator brings the person as an accused (in the manner prescribed by Chapter 23 of the Code of Criminal Procedure), and then an indictment is drawn up against him. In cases requiring changes or additions to the charges brought in accordance with Part 1 of Art. 175 of the Code of Criminal Procedure, the procedure for bringing a person to criminal liability must be repeated for each new charge. Position of the prosecution during consideration in the form of an inquiry is expressed in the issuance of an indictment against the suspect. This procedural document(Article 225 of the Code of Criminal Procedure) combines elements of both the decision to bring an accused and the indictment.

6) In the relationship between prosecutorial supervision and departmental control. Prosecutor supervision And departmental control represent established by law procedural mechanisms ensuring the legality of the inquiry and preliminary investigation. Along with judicial control these forms of activity of the prosecutor, the head investigative body and the head of the inquiry body (head of the inquiry unit) create additional legal compliance with the procedure for criminal proceedings, the quality and effectiveness of the preliminary investigation, and ensuring the rights and freedoms of participants in criminal proceedings. The legislator establishes various powers of the prosecutor and the rules of prosecutorial supervision over the inquiry and preliminary investigation. Thus, the powers of the prosecutor over the investigation are very significant. Prosecutor supervision during the preliminary investigation comes down to only a few powers. Thus, the prosecutor has the right to consider complaints about the actions (inaction) or decisions of the investigator, demand that the preliminary investigation bodies eliminate violations of federal legislation, resolve disputes about jurisdiction, make a decision on a criminal case received with an indictment and carry out some other supervisory powers.

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 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.

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.

Like the preliminary investigation, the inquiry is procedural activities, built on general principles and the requirements of Russian criminal procedure legislation. The fundamental unity of inquiry and preliminary investigation lies in the fact that the bodies carrying out them are guided by common principles process, unified procedural legislation, decide united and general tasks 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 security 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, can 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, carry out certain investigative actions, carry out decisions on detention, arrest, arrest, and other procedural actions, as well as 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 to written instructions the investigator to carry out any procedural or investigative actions in the case under investigation by the investigator. This indicates that in relation to the body of inquiry, the investigator occupies a position that gives him broader powers.

6. 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.