The indictment is a concept that is quite common in modern judicial practice. Art. 220 of the Code of Criminal Procedure of the Russian Federation establishes the concept of this document, and also determines its main characteristics. Let us consider in more detail its contents, as well as some features of the indictment, indicated from a legal point of view.
General concept
The concept of indictment lies in the content of Art. 220 Code of Criminal Procedure (with commentary). It says that such is an act of a procedural nature, which is issued by the investigating authority based on the results of preliminary measures in the investigation of a criminal case. Its contents shall indicate all evidence of the accused's involvement in the commission of a crime in respect of which proceedings are opened.
An indictment is a document that is subject to direct judicial review. The main feature is that it does not resolve the case on the merits, but only serves as an indisputable reason for the start of the trial.
Value
When considering the features of the indictment, you should definitely pay attention to the procedural value of the document in legal practice.
Speaking about it, first of all, it is worth highlighting that it is this document that includes in its content a final assessment of all the evidence that is available in a particular case, based on their relevance, reliability, admissibility, sufficiency in order to resolve the case in court .
It is worth noting that the analysis of this document by the investigating authorities, the judge and the prosecutor is of no small importance for ensuring the comprehensiveness, completeness, and also objectivity of the investigation carried out at the preliminary stage. In addition, the significance of this document is also expressed in the fact that it is sent for familiarization to the accused. It is worth noting that this, to some extent, contributes to the implementation of the function of protection against charges, provided for by the criminal law of the Russian Federation.
The main value of the indictment is that this document defines the scope of the trial. This means that when considering a criminal case in court, the investigation does not have the right to go beyond the limits of the charges provided for by the conclusion. It also means that the court does not have the right to consider a criminal case against those persons who are not indicated in the content of the document.
Conclusion form
Speaking about the form of the indictment, as well as its structure, it is certainly worth noting that this document should be submitted both in electronic and in paper form. As for the written form of the document, it must be included in the content of the criminal case.
Speaking about the content of the conclusion, it should be noted that its main components are two parts: introductory and descriptive. In addition, annex must be included in it, confirming all the materials set forth in its contents.
Legal experts often point out that applications can be considered as a separate and completely independent part of the indictment.
Let us further consider the features of each of the listed elements of the indictment.
Introduction
In the introductory part of the document under consideration, such information as must be indicated:
- Document Number;
- its name;
- number of the criminal case to which the opinion is attached;
- articles of the Criminal Code on which a charge was brought against a person;
- personal data of the accused person (his F. I.O., place of residence contact details);
- information of the identity document of the accused.
The introductory part of the indictment should also include information characterizing the accused person as a person. Based on the information indicated, the court and the investigator of the prosecutor's office can form a general idea regarding the identity of the alleged offender. As practice shows, it is this information that often has a big impact on the individualization of criminal punishment.
In the upper part of the document, it is necessary to leave space for approval by an investigator of the prosecutor's office.
Descriptive part
In the commentary on the content of Part 6 of Art. 220 of the Code of Criminal Procedure (as amended), it is noted that the descriptive part of the document in question consists of two elements - the first of which presents the prosecution itself on the merits, and the second - the investigator's presentation of certain data regarding the list of evidence. Consider the features of each of them.
The first element of the narrative must necessarily state:
- substance of the charge;
- general information regarding the crime committed;
- purpose of committing criminal acts;
- the motives that guided the accused person;
- the consequences of the crime;
- some other circumstances that are inherently important for evaluating the actions taken.
It is worth noting that all the information presented in this part of the indictment must completely coincide with the data that are available in the decision on involving a person in the proceedings as an accused. In accordance with the norms of criminal procedure legislation in force in the Russian Federation, ignoring this requirement entails the inability to make a decision on the merits of the case in question, as well as its subsequent return to the prosecutor, on which there is a basis provided for by Art. 237 Code of Criminal Procedure.
The second element of the narrative is presented by various evidence, among which are indicated as confirming the charge, as well as those referred to by the defense. It is worth noting that some evidence can be attributed to both one and the other group. Most often, these are the testimonies given to the accused, which are used as signs of his active repentance, and as a result, the basis for holding him accountable.
In h. 5.1 Article. 220 of the Code of Criminal Procedure of the Russian Federation states that in the process of presenting evidence in a bill of indictment, only a brief summary of them is necessary, without providing a detailed analysis.
To all the evidence presented in the content of the indictment, a single requirement is put forward - they must not contradict each other. This applies both to the testimony of the accused, as well as the victims and witnesses.
At the very end of the conclusion, the investigator should indicate mitigating and aggravating circumstances of the impending punishment, as well as some information about the victim, the nature of the harm caused, its size. The same part may contain information about the civil defendant and the plaintiff (if any).
At the very end, the document must be signed by the investigator, and also the date of writing must be affixed to it.
Descriptive Ways
In accordance with the amendments to art. 220 of the Code of Criminal Procedure, investigators have the opportunity to present the data presented in the narrative of the report in three ways: systematic, chronological and mixed. Let us further consider their features in more detail.
The chronological method of presentation of the materials provides for the introduction of events not in the sequence in which they were committed, but in the chronology of establishing facts. Speaking of a systematic method, it is necessary to highlight the fact that, on the contrary, it provides a statement of the available facts in the sequence in which they were committed. A mixed type of presentation is a combination of the above methods.
Despite the type of presentation of information, all data presented in the document must be reliable, and the assessment of acts - motivated.
Appendices to the conclusion
In h. 5 Article. 220 of the Code of Criminal Procedure of the Russian Federation also states that additional documents must be attached to the indictment, of which the legislator determines two main ones: a statement of the progress of the case and a list of persons to be summoned to the courtroom at his hearing.
As for the document, the contents of which indicate the list of persons to be summoned to a court hearing to consider the case, it should include not only a complete list of such persons, but also all their contact information (phone numbers, places of work, addresses and etc.).
As for the certificate of progress, it must indicate the following data:
- terms of the investigation;
- on available material and other evidence of guilt of the accused;
- on measures taken to secure the claim, if any;
- about the upcoming possibility of confiscation of property;
- the presence of the accused's dependents;
- the amount of procedural costs.
In addition to all of the above, the contents of this certificate may also contain other data relating directly to the identity of the accused, which may in any way affect the mitigation or, conversely, the strengthening of the required punishment.
In many works, legal practitioners note that the main purpose of the reference application to the indictment is that its content greatly facilitates the process of studying a criminal case not only by the prosecutor, but also by the court in the process of preparing for the trial. Moreover, in the process of hearing the case on the merits, the parties have the opportunity to quickly turn to certain materials presented in the content of the case.
Conclusion movement
After the indictment is drawn up by the investigator, one copy must be sent for filing in the criminal case and another one should be handed over to the head of the investigating authority to familiarize him with the control proceedings. In addition, additional copies of the document intended for the accused, as well as the parties to the defense and the prosecution in the case, may be executed (only on the basis of separate petitions).
Further movement to a prepared conclusion can be provided only with the consent of the head of the investigating authority, about which an appropriate mark on his form should be affixed. In the event that the head of the body has any comments on the content of the indictment, he must return it for further consideration. In the process of conducting it, the investigator is obliged to carry out all the actions prescribed by Article 220 of the Code of Criminal Procedure of the Russian Federation again, starting with the stage of notifying all participants in the case of the completion of the preliminary investigation.
In the event that the head of the investigating authority does not have any comments on the indictment, then, together with the case, it should be sent to the prosecutor for examination.
Features of the use of indictment
Special attention should be paid to the features of the application of the document of a procedural nature in practice. These rules are discussed in detail not only in Part 6 of Art. 220 of the Code of Criminal Procedure of the Russian Federation, but also in the decree issued by the Plenum of the Supreme Court of the Russian Federation No. 1 "On the application of the norms of criminal procedure legislation".
The content of the above documents indicates that the list of evidence contained in the document in question should be understood not only their names with reference to sources, but also a brief summary. Evidence that is deemed inadmissible (based on Article 88 of the Code of Criminal Procedure of the Russian Federation) cannot be included in the body of the document. The statement of each evidence, in accordance with the established requirements, must certainly be confirmed by reference to the page and volume number of the criminal case.
It is worth noting that the indictment acquires legal force only from the moment when the document is approved by the prosecutor, who must consider it within 10 days from the date of receipt. It is worth noting that, based on everything stated in the document, the prosecutor must take one of the permissible decisions, including:
- document approval;
- additional investigation;
- sending the document back to the investigator to eliminate visible shortcomings;
- referral of a bill of indictment;
- return of the entire criminal case to the investigator;
- direction for changing the volume of the document.
In the event that the document is returned to the investigator for revision, the prosecutor is obliged to provide a written reasoned decision, which can be appealed by the investigator during the first 72 hours from the moment the document was received.
Responsibility for failure to comply with legislation regarding indictment
It is worth noting that the specified type of responsibility can be borne by the investigator composing the document and only if gross errors were made during its preparation or any evidence of human guilt is unreasonable, as a result of which they cannot be taken into account during the consideration of the case essentially. It is worth noting that this reason for the return of conclusions for revision is the most common (in practice, about 82% of the total).
Often the cause of the examined type of responsibility of the investigator may be the presence of gross violations committed by him in the process of issuing an indictment.
In total, modern practicing lawyers distinguish several types of violations of the investigator in the preparation and conclusion of an opinion for which he will be subject to the specified punishment:
- related to the presentation of data on the actions of the person;
- incorrect indication of the personal data of the accused, witnesses in the case and other persons participating in it;
- shortcomings and omissions in the preparation of the plot of the document, the wording of the charge in it, as well as the presentation of the substantive materials;
- other violations related to non-compliance with criminal procedure legislation.