The terms of the preliminary investigation and the procedure for their extension

The next stage after the initiation of a criminal case is a preliminary investigation. This procedure is aimed at pre-trial preparation of materials. Let us further consider the forms and terms of the preliminary investigation.

general characteristics

A preliminary investigation is necessary to identify all circumstances of the case and gather evidence. The main objectives of the procedure are:

1. Revealing a crime.
2. The exposure of the perpetrators or their rehabilitation.
3. Formation of a sufficient evidence base for court proceedings.
4. Ensuring the personal participation of the suspect in the hearing.
5. Guarantee of a possible decision on compensation for damage arising from the crime.

The forms and terms of the preliminary investigation are established in the legislation depending on the specific category of act.

Key Tasks

To achieve these goals, the following activities are carried out:

1. Search, collection and examination of evidence. The preliminary investigation is aimed at establishing the circumstances listed in Art. 73 Code of Criminal Procedure.
2. Identification and prosecution of a subject in respect of whom sufficient materials have been collected to bring him charges.
3. Ensuring the exercise of the rights of suspects / accused to defense.
4. The use of coercive measures (if necessary).
5. Submission of materials to the court or termination of production.

In addition, a preliminary investigation reveals:

1. The reasons and conditions that contributed to the commission of the act.
2. Signs of other crimes that are not related to the main.

Content

During the preliminary investigation, various measures are carried out, decisions are made to achieve the goals and implementation of the tasks described above. The content of this stage also includes the interactions of the participants in the proceedings and state bodies in which the rights of the parties are realized.

Suspected / accused, victims, their representatives are entitled to send petitions and complaints. The authorized bodies, in turn, are obliged to consider them and take appropriate decisions on them. A preliminary investigation is not conducted with private prosecution. In this case, the burden of proving the guilt of the suspect lies with the victim (his representative).

The nature of the acts for which the proceedings are envisaged under the rules of private prosecution suggests that the subject already has sufficient information to formulate a position in court. In this regard, an application to initiate proceedings is submitted directly to this instance. This rule is enshrined in Art. 318 h. 1 Code of Criminal Procedure.

Main directions

A preliminary investigation may be conducted in the form of an inquiry or investigation. The first is a simplified version of the procedure. It is carried out by the investigator or interrogating officer in a case for which the preliminary investigation is considered optional. This provision is secured by Art. 5, paragraph 8 of the Code of Criminal Procedure. Inquiry provides faster preparation of materials on crimes of little public danger. The preliminary investigation is carried out on acts not specified in Art. 150, part 3 of the CPC. It provides maximum guarantees for the realization of the rights of entities involved in the process, as well as the establishment of truth.

Jurisdiction

It is determined in accordance with Art. 151 Code of Criminal Procedure. The place, terms of the preliminary investigation are specified in Art. 152. If necessary, perform certain actions in another territory, the employee can carry out them independently or entrust them to employees of the relevant authority. The latter must commit them within 10 days. If the act was started at one address and completed at another, a preliminary investigation is carried out at the last place.

One subject may be suspected of different crimes. All of them can be made at different addresses. In this case, the place where the preliminary investigation will be conducted is determined by the head of the unit conducting the production. As a rule, activities are carried out in the territory where most of the acts or the most serious of them were committed.

Activities may be carried out at the location of the accused or the majority of witnesses. In this case, the investigation of the circumstances will be more complete and objective, and the procedural terms of the preliminary investigation will be respected. The employee, having established that the crime does not belong to its jurisdiction, performs urgent actions and transfers the materials to the head of the department. In this case, the interrogator must forward the case to the prosecutor.

Compound materials

Usually, a separate proceeding is conducted for each act. The legislation, however, allows the combination of several proceedings into one. Often, experts resort to this opportunity to shorten the duration of the preliminary investigation. The connection is allowed in relation to:

1. One entity charged with concealing a particularly serious crime.
2. The few suspects who have committed one or more crimes of complicity.
3. One person passing through several acts.

These cases are given in Art. 153 Code of Criminal Procedure. The combination of materials is allowed if there is reason to believe that several crimes were committed by one citizen or several persons participated in one or more acts. As proving circumstances, the similarity of methods, the coincidence of an object, general personality traits, and so on can be made. The connection of the proceedings held by the inquiry officer is carried out by decision of the prosecutor.

Material selection

It is allowed in relation to:

1. Separate accused / suspects for crimes committed in complicity, in accordance with paragraphs 1-4 of Art. 208 Code of Criminal Procedure.
2. A juvenile prosecuted along with an adult.
3. Other entities accused of an act not related to the crime imputed to them, if this becomes known during the investigation.

Separation is also allowed in respect of a person who has entered into a pre-trial agreement with the prosecutor. In the event of a threat to the security of a person, documents by which his identity is identified shall be removed from the general materials. If the deadline for the preliminary investigation has not yet arrived, the allocation is allowed, if this action does not affect the objectivity and comprehensiveness of the study of circumstances, it is necessary in connection with a large volume of proceedings or in the presence of multiple episodes.

Nuances

The selection of materials is carried out in accordance with the decision of an authorized employee. If this action is committed in order to clarify the circumstances of a new act or in relation to a new subject, the act shall indicate the decision to initiate proceedings in accordance with the procedure established in Art. 146 Code of Criminal Procedure. The materials highlighted separately must contain originals or copies of documents of evidentiary value, certified by an authorized employee.

Timeline: stages of preliminary investigation

The CPC provides for a special procedure for determining periods for the implementation of measures in the event that materials are allocated from the general proceedings. The duration of the preliminary investigation shall be calculated from the moment the decision is approved, if the procedure is carried out in relation to a new crime or subject. In other cases, the starting date will be the day on which the main proceedings were instituted, from which the materials were allocated. That is, the starting point will be its beginning.

The terms of the preliminary investigation as a general rule are counted from the date of the decision, in which it is necessary to indicate not only the day of its adoption, but also the exact time. Such a requirement is defined in Art. 146 h. 2 Code of Criminal Procedure. Meanwhile, the legislation does not clearly define the length of the period for initiating proceedings. That is, it may well be stretched in time.

In the implementation of most of the operational activities, the preliminary investigation of a criminal case is not counted from the date of the decision, but from the date of receipt of the consent of the prosecutor. In practice, it may be necessary to take urgent actions. Within the meaning of Art. 146 h. 4, the timing of the preliminary investigation in such cases is counted from the date of the decision to the agreement with the prosecutor. Fixing this fact is carried out by affixing a specific calendar number and the exact time (up to minutes).

The relevance of compliance with the established periods

The terms of the preliminary investigation and the procedure for their extension are of particular practical importance. First of all, the establishment of periods allows for control over the course of the proceedings, including by the suspect himself. When setting the deadlines for a preliminary investigation, the legislator is guided by the international legal principle of access to justice without undue delay.

The presence of indications of the specific duration of certain events allows to reduce the time between the act and the imputation of punishment. This is a key condition for the effectiveness of responsibility. The timing of the preliminary investigation, among other things, limits the duration of enforcement measures.

Reference Specifics

According to the general rule, the terms of the preliminary investigation are no more than two months. The countdown is from the date of the initiation of proceedings. Moreover, the current day is not included in the deadline. Thus, it begins the next day. This rule is secured by Art. 128 Code of Criminal Procedure. For the reference period does not matter the body that initiated the proceedings. In this regard, the time includes the time for urgent actions by the inquiry officer after sending the case.

End of period

The end of the term occurs on the date:

1. Decision to terminate the proceedings.
2. Directions of materials to the prosecutor. At the same time, they must include a bill of indictment or a decision on the transfer of proceedings to a court for the application of a compulsory medical measure.

A separate procedure is provided for the actions of the prosecutor. The term of inquiry ends on the date of the indictment. Moreover, the time for acquaintance of the participants in the proceedings with the materials is not included in it.

Important circumstance

Within the meaning of the Code of Criminal Procedure, the timing of the suspension of the preliminary investigation is not provided. An exception is the case when they can be interrupted due to the inability to participate in the proceedings of the suspects / accused, if their address is not known or they have a serious illness. The investigation period, in contrast to the inquiry, includes the period of familiarization of the parties with the materials, the time of appeal and consideration of the objections of the authorized employee to the decision of the prosecutor to return the case for additional activities.

The terms of the preliminary investigation and the procedure for their extension

The rules by which the period for the implementation of activities can be extended are provided for in art. 162 Code of Criminal Procedure. In accordance with the norm, the extension of the preliminary investigation is allowed up to three months. The decision on this should be made by the head of the department conducting operational-search measures.

Some crimes are particularly difficult. For them, the extension of the preliminary investigation is allowed up to 12 months. The decision in this case is made by the head of the regional insurance company and another official equivalent to it or their deputies. A subsequent increase in the length of the period is allowed only in exceptional circumstances. In this case, the decision is made by the Chairman of the Investigative Committee under the Prosecutor General, the head of the investigative body of the corresponding federal executive structure or their deputies.

Return of materials

The prosecutor may decide on the need for additional operational investigative measures. In this case, he returns the materials to the investigator. The employee, in turn, has the right to object to this decision. The deadline for appeal or execution of orders of a superior is set by the head of the investigation department. In accordance with Art. 221, part 1, paragraph 2 of the CPC, this period cannot be more than a month. The countdown is carried out from the date of receipt of materials from the prosecutor. Subsequent extension of the term is carried out according to the general rules enshrined in Art. 162.

Documenting

When deciding to extend the term, the investigator issues an appropriate resolution. The document must be submitted to the head of the department no later than 5 days before the end date of the period that needs to be increased. In addition, the employee sends a written notice to the suspect and his lawyer, the victim and representatives of the decision.

Features of the inquiry

It is carried out within a month from the date of initiation of production. If necessary, this period may be extended. Extension is allowed up to 30 days. The relevant decision is made by the prosecutor. In a number of cases, including those related to the performance of a forensic examination, the length of the period of inquiry determined by Art. 223 h. 3 Code of Criminal Procedure, may be increased. The corresponding decision is made by the prosecutor of the district, city or equivalent officials and their deputies.

Extension of the period is allowed up to six months. In exceptional cases, when executing a request for legal assistance directed according to the rules of Article 453 of the Code of Criminal Procedure, the period for the implementation of measures may be extended to 12 months. The decision on this is approved by the regional prosecutor or an equivalent employee.

Conclusion

During the preliminary investigation, the authorized bodies and their officials formulate the terms of the task, which must be solved with the help of certain measures. At the same time, the goal is not to bring the subject to responsibility by any means, regardless of the actual circumstances.

The preliminary investigation is purely procedural in nature. It is carried out in accordance with the requirements of the law, subject to established principles of justice. In this regard, the formulation of the position of state prosecution is allowed only if there is a sufficient set of materials collected and evaluated appropriately. Otherwise, the investigator or the interrogating officer is obliged to refuse further actions and stop the persecution.

These requirements are mandatory. Their observance is guaranteed by the norms of the Code of Criminal Procedure, which establish specific dates for the implementation of operational-search measures. Of course, in practice, different situations may arise. Crimes may be difficult to investigate or other non-core offenses may be identified. In order to establish the truth in such cases, the legislation allows an increase in the period of implementation of measures. However, in any case, the need for an extension of time should be justified.

Any of the participants in the proceedings may file a complaint against the decisions of officials. The investigator, the victim, and the suspects / accused, and their representatives are given this right.