Man is a biological being that is endowed with consciousness. It is this factor that distinguishes people from other forms of life on the planet. But the presence of consciousness determines the fact that intelligent beings can make choices. As we understand it, it is not always true and positive, in essence. At all times, people have committed acts that, to one degree or another, disrupted the normal functioning of society as a whole.
With the development of law, as the main regulator of social relations, such acts began to be called offenses. However, in some cases, certain human actions were so dangerous that it was quite difficult to characterize them from the point of view of law. Over time, such moments acquired the status of crimes. Within the framework of law, they are regulated by the criminal industry. It is worth noting that crimes are socially dangerous acts for which the highest sanctions are provided. However, before accusing anyone of committing such, it is necessary to prove the fact of the implementation of the act. The art of proofing has evolved over the centuries. To date, special bodies, namely investigative ones, are engaged in the study and legal registration of crimes. Similar departments also exist on the territory of the Russian Federation, which will be described in more detail later in the article.
Concept of investigation
A preliminary criminal investigation is an activity that is most often referred to as one term - an investigation. The bodies that carry out this process have a history of formation, a system and relevant powers. But before considering the features of such departments, it is necessary to understand the very essence of the concept of "investigation". In the classic version, this term describes the corresponding activities of certain state structures aimed at obtaining information about crimes committed, persons involved in committing socially dangerous acts, for their further exposure, as well as criminal prosecution. Simply put, an investigation is the practical receipt of information about a criminal act and its legal assessment. It should be noted that the investigating authorities do not perform the functions of the judiciary. That is, they only expose the perpetrators, and completely different authorities are already involved in sentencing.
History of investigation
The bodies of inquiry and preliminary investigation have their own structure and characteristic features that have developed historically. A process such as crime investigation has its roots in Ancient Russia. Already in those distant times, society reacted rather negatively to any manifestations of socially dangerous behavior. However, the evidence process was not properly formed. That is, as a rule, there was no distinction between the different stages of the judicial proceedings. A peculiar order in the process of investigating crimes was imposed during the time of Peter the Great. Firstly, the importance of writing and secrecy during the investigation is enhanced. Secondly, the military process is being substantially modernized. The key means of its implementation were torture, as well as interrogation with addiction. A similar type of criminal investigation lasted until 1864. From that moment, the functional responsibilities of the courts and the charges were delimited. The era of the search process begins.
Modern period
Today in the Russian Federation there is a whole system of bodies that investigate crimes. This process, within the framework of law, refers to the pre-trial stage of production. It should be noted that each preliminary investigation body is engaged in the legal qualification and actual development of a crime, which will be discussed later in the article. At the same time, there are various types of state investigative bodies related to a particular agency.
An important feature of the preliminary investigation in the Russian Federation is the fact that it can be carried out in the form of an inquiry or investigation. The first form of implementation of the stage mentioned in the article implies a simplified version. As a rule, it is used in the investigation of not serious crimes. As for the second form of the investigation, it is implemented in all other cases. The distinction usually occurs through direct reference to the articles of the Criminal Code of the Russian Federation, which must be implemented in one form or another. This regulation is provided for by the Code of Criminal Procedure, namely the norm of article 150. It should be remembered that there are stages of preliminary investigation. Because this process is systematized. Depending on the completeness of the implementation of these stages, we can talk about the quality of the entire investigation of the crime.
The stages of the preliminary stage of the investigation of crimes
Earlier, the author has already indicated that there are certain stages of a preliminary investigation. It should be noted that they are distinguished only at the theoretical level of investigation of the criminal process in general. In practical activities, any preliminary investigation body implements the eponymous stage in a comprehensive manner. However, at the scientific level, as a rule, the following stages are distinguished:
- Study of materials and evidence available in the case.
- Carrying out the necessary investigative actions and operational-search measures based on available data.
- The application of certain measures of coercive procedural nature to individuals.
- Direct transfer of the criminal case to the court or its complete termination.
It should be noted that there are three possible scenarios for the development of events at the stage of transferring a criminal case to court. As a rule, the stage of the preliminary investigation ends with the transfer of: applications for exemption from criminal liability, an indictment or a decision on the application of medical measures.
Preliminary Investigation Bodies
To date, there are structures in the Russian Federation that have the status of “preliminary investigation body”. These units are included in the system of various executive departments. To understand what the powers of the preliminary investigation authorities exist, their types must be distinguished. Thus, today in Russia there are the following investigative bodies:
- Investigative Committee of the Russian Federation.
- Investigative Department of the Ministry of Internal Affairs of the Russian Federation.
- Investigative bodies of the Federal Security Service of Russia.
- Investigative bodies of the prosecutor's office.
- Investigative bodies of the Federal Drug Control Service.
This list is enshrined in the Code of Criminal Procedure of the Russian Federation. Thus, only the structures presented above can carry out a preliminary investigation of criminal offenses. In order to understand what features these bodies are endowed with, you need to consider the essence of each of them individually.
Investigative Committee of the Russian Federation
The most famous preliminary investigation body in the Russian Federation is the Investigative Committee. The Office was developed on the basis of the structural unit of the same name that once existed in the Prosecutor's Office. According to its regulatory framework, the Investigative Committee is authorized to carry out procedural actions in the framework of criminal proceedings. Employees of this structure have the right to implement inquiry and investigation. As for the internal organization of the work of personnel, in the RF IC, it can take several forms, such as military, civil or law enforcement civil service.
Functions of the Investigative Committee
There are a number of specific functions that are directly implemented in the work of the RF IC. At its core, the activities of this body differ from similar departments in the structure of the prosecutor's office or the Ministry of Internal Affairs. That is, it is a completely independent body of preliminary investigation. Given this, we can distinguish a number of the following functions:
- Implementation of a preliminary investigation of criminal offenses.
- Carrying out pre-investigative checks on all applications received by the Office.
- Supporting the investigation of criminal cases of a criminalistic nature.
- Forensic activities.
- Control and verification of other investigative bodies for the legality of their activities.
It should be noted that the powers of the investigator of the IC of the Russian Federation are stipulated by the Constitution and other normative acts. In addition, personnel for the bodies of the Investigative Committee are trained on a professional basis in special educational institutions, such as the Academy of the Investigative Committee of the Russian Federation.
Investigators of the Ministry of Internal Affairs
The law enforcement bodies of the Russian Federation are an integral part of all the activities of state power to ensure order, legality and the rule of law in the country. One of the main departments of this nature can rightfully be called the Ministry of the Interior. In its structure, this body has an Investigative Department, which implements the activities of preliminary investigation bodies. The unit is headed by the head of the department. In their work, investigators of the Ministry of Internal Affairs conduct preliminary proceedings on a fairly wide range of criminal cases. In addition, there are also other functions provided by law.
Tasks of the investigation of the Ministry of Internal Affairs
The procedural activities of the preliminary investigation bodies of the Ministry of the Interior are for the most part based on the key functions assigned to them. These functions include the following, for example:
- development and implementation of policies in the field of preliminary investigation of criminal offenses;
- direct coordination and management of subordinate investigative bodies located in the system of the Ministry of Internal Affairs;
- investigation of the most significant and high-profile crimes;
- interaction with other public authorities with the aim of effective investigation, prevention and detection of criminal offenses.
It should be noted that the scope of activities of the investigating authorities of the Ministry of Internal Affairs is limited to general criminal offenses, which include most crimes against individuals, property, as well as crimes in the economic sphere.
Investigation of the Federal Security Service of the Russian Federation
It should be noted that the preliminary investigation of crimes is carried out not only in the bodies of the Ministry of Internal Affairs and the Investigative Committee. The Federal Security Service, or rather its individual units, is also endowed with the appropriate authority. As a rule, the system of preliminary investigation bodies in the FSB implements the fight against crimes in the field of public security (terrorism, extremism, sabotage), as well as federal economic activity. Thus, the powers of security personnel are limited to a rather narrow scope.
Investigation of the Federal Drug Control Service
The law enforcement bodies of the Russian Federation contain a special agency of a federal nature, which is involved in the control of drug trafficking in Russia. This structure has many characteristic features. They, in turn, are most fully represented if we analyze the key tasks of the Federal Drug Control Service. These include the following:
- control, organization and preliminary investigation of criminal cases for crimes involving narcotic drugs;
- ensuring the quality activities of the territorial investigative departments of the Federal Drug Control Service;
- Theoretical and methodological developments in the field of activities and the fight against drug trafficking in the territory of the Russian Federation.
Investigator Powers
It should be noted that, in accordance with general legislation that directly regulates the work of investigative bodies, employees of these departments are endowed with a number of general powers, regardless of the specifics of the body. Such powers are:
- the right to institute proceedings on the fact of a criminal offense, that is, a criminal case;
- to implement certain investigative actions at their discretion, with the exception of cases where the permission of the court or higher authorities is required;
- give instructions to the inquiry body;
- in the manner prescribed by law, appeal against certain decisions of prosecutors;
- exercise a number of other powers that are provided by applicable law.
Preliminary investigation authorities
Earlier in the article, the author pointed out the fact that there are investigative bodies in the prosecution system. But a fairly small percentage of people know what they are. It should be noted that any activity of the preliminary investigation bodies is subject to mandatory supervision, which, in turn, is carried out by the investigator of the prosecutor's office. This procedural person acts in accordance with the departmental order. It is with the help of this by-law that the control of the relevant authorities is implemented. Such today is Order No. 39 “On the Organization of Prosecutorial Supervision of the Legality of Criminal Prosecution at the Pre-Trial Stage”. It should be noted that this act does not require a special legislative form of regulation. It is implemented without fail. In accordance with it, the investigator of the prosecutor's office carries out the following supervisory actions, for example:
- verification of the enforceability of legislation in the reception of allegations of crimes;
- verification of the acceptance and registration of such messages;
- verification of materials of criminal cases, legality during the investigation.
In some cases, prosecutors personally go to the crime scene to comply with the law when committing crimes. As a rule, this can be seen in situations where there is evidence of a terrorist act, banditry, etc.
So, the article examined the main powers and features of the pre-trial investigation bodies. Theoretical developments in this industry are of paramount importance, because such structures perform the most important function for the entire state - the fight against crime.