The concept of a preliminary investigation is not established by law. Most legal scholars define this term as regulated by the criminal procedure legislation of the activities of investigators and investigators on the disclosure of crimes and bringing the perpetrators to justice.
Russian law establishes two forms of preliminary investigation: an inquiry and a preliminary investigation. To carry out the right measures legally, it is necessary to clearly distinguish between these two concepts.
Essence
A preliminary investigation as a form of investigation regulated by Chapter 22 of the Code of Criminal Procedure is the main one. It plays a leading role in connection with the fact that most criminal cases are examined in this form.
Investigation as a form of preliminary investigation is carried out by making decisions and taking procedural actions by a leading investigator. This system also includes actions to bring charges, apply procedural coercive measures, suspend or end an investigation, and execute decisions taken in a criminal proceeding.
Organs
A preliminary investigation is carried out in the form of an investigation by the following bodies and officials:
- Investigators in the Investigative Committee of the Russian Federation considering criminal cases of offenses specified in the first paragraph of the second part of Article 151 of the Code.
- Investigators in the internal affairs bodies of the Russian Federation considering criminal cases of offenses specified in the third paragraph of the second part of Article 151 of the Code.
- Investigators in bodies that control the circulation of drugs and psychotropic types of substances that consider criminal cases of offenses specified in the fifth paragraph of the second part of Article 151 of the Code.
- Investigators in the bodies of the Federal Security Service considering criminal cases of offenses specified in the second paragraph of the second part of Article 151 of the Code of Criminal Procedure of the Russian Federation and in the fourth part of Article 151 of the Code.
Cases of criminal offenses provided for in the fifth part of Article 151 of the Code are also entitled to be examined by those investigators who have revealed the crime committed. In the sixth part of this article, the investigation is carried out by the body to which the act was investigated.
Order of conduct
The investigation as a form of preliminary investigation in a criminal case is carried out on the basis of Articles 162 to 170 of the Code, which constitute the totality of the necessary norms.
The beginning of a preliminary investigation is the initiation of a criminal case by issuing a decision by the investigator. If the case was initiated by the inquiry body in connection with the need for urgent action, the investigator shall order the transfer of the criminal case to his department.
After carrying out the necessary procedural and operational actions, the case ends in one of three ways:
- issuing a decision to dismiss a criminal offense case;
- indictment;
- referral of a case to a judicial authority for the application of compulsory medical measures against a criminal .
The timing
A preliminary investigation in the form of an investigation based on Article 162 of the Code should be completed within two months. This period includes the time from the initiation of the case until its transfer to the prosecutor with the conclusion of an indictment type or until the transfer to the judge for the application of medical coercive measures, or until the termination of proceedings.
The time does not include the time at which the investigator appeals against the decision of the prosecutor to return the case for revision, to supplement or change the scope of the charges, to change the qualification of the act or to correct the deficiencies found.
The legislation establishes the right to suspend the duration of a preliminary investigation on the basis of Article 208 of the Code. In case of suspension, the course of the two-month period is also suspended until the resumption of the proceedings.
The head of the investigating authority has the right to extend the period by one month at the request of the person conducting the case. A case that is considered particularly complex can be considered up to a year by decision of the head of the investigating authority of the relevant subject or another leader equal to him.
If the preliminary investigation, carried out in the form of an investigation, cannot be completed within a twelve-month period, the Chairman of the Investigative Committee of the Russian Federation, the head of the investigation body of the federal executive authority or deputies of these officials may extend the time further.
If the case of a criminal offense is returned to the investigator by the prosecutor, the new deadline for amendments must be established by the head of the body that is considering the case. The head does not have the right to set a time period of more than a month from the date of transfer of the case to this investigator. The same period is set for the resumption of a suspended or suspended case.
Body Composition
The implementation of a preliminary investigation in the form of an investigation in most cases occurs solely by the investigator. If the criminal case is complex or lengthy, it can be considered by the group.
The decision to engage an investigation team is made by the head of the body by issuing a resolution. In the document, the head lists all the investigators who will participate in the activities along with him.
In addition to investigators, the group may include other employees of the body engaged in operational-search activities in accordance with paragraph 2 of Article 163 of the Code. Each of the suspects, in respect of whom a preliminary investigation is being carried out, is informed about the composition of the group and may declare challenges to one of all its members in accordance with Article 62 of the Code. Suspects are not entitled to declare objections to other employees of the investigative body engaged in operational-search activities.
Part three, four and five of Article 163 of the Code defines certain powers that a group leader has, as well as the types of decisions he makes. Together with the leader, members of the group are entitled to take part in investigative actions of other investigators, to carry out such actions in person, and also to make decisions on the case under their jurisdiction.
Preliminary Investigation Results
A preliminary investigation in the form of a preliminary investigation may result in the publication of one of the three types of acts mentioned earlier:
- indictment;
- referral of a case to a judicial authority for the application of compulsory medical measures against a criminal;
- the issuance of a decision to terminate the criminal case.
If the case in question ends with an indictment, the investigator must first notify the accused with his defense counsel and the victim with his representative, and also give the parties the opportunity to familiarize themselves with all materials related to the case.
The essence of the inquiry
The second form in which the preliminary investigation is carried out is the inquiry. This form is implemented by the interrogating officer or investigator in those cases when the production of a preliminary investigation is not necessary, according to the eighth part of the fifth article of the Code.
The legislation established that the conduct of a preliminary investigation in the form of an inquiry is exclusively the procedural activity of the investigative body for criminal offenses, if the investigation is not mandatory.
Article 157 of the Code also establishes that the production of urgent actions of an investigative type is not an inquiry.
Bodies of inquiry
A preliminary investigation is carried out in the form of an inquiry by the following bodies and officials:
- Investigators in the internal affairs bodies of the Russian Federation considering criminal cases of offenses specified in the third part of Article 150 of the Code, excluding cases referred to in paragraphs 3 to 6 of the third part of Article 151 of the Code.
- Investigators in the border agencies in the Federal Security Service, considering criminal cases of offenses specified in the third paragraph of the third part of Article 151 of the Code.
- Investigators in the federal bailiff service bodies considering criminal cases of offenses specified in the fourth paragraph of the third part of Article 151 of the Code.
- Investigators in the bodies of state fire supervision in the Federal Fire Service reviewing criminal cases of offenses specified in the sixth paragraph of the third part of Article 151 of the Code.
- Investigators in the Investigative Committee of the Russian Federation considering criminal cases of offenses specified in the first paragraph of the second part of Article 151 of the Code.
- Investigators in the internal affairs bodies of the Russian Federation considering criminal cases of offenses specified in the seventh paragraph of the third part of Article 151 of the Code.
- Investigators or interrogators in bodies that control the circulation of drugs and substances of a narcotic or psychotropic type, considering criminal cases of offenses specified in the eighth paragraph of the third part of Article 151 of the Code.
- Investigators in customs authorities considering criminal cases of offenses specified in the ninth paragraph of the third part of Article 151 of the Code.
Inquiry as a form of preliminary investigation is carried out not only by the interrogating officer, but also by the investigator. At the same time, the latter is not entitled to use the reduced investigation period, draw up final procedural documents (indictments), approve them with the head of the inquiry body, etc.
The order of inquiry
The conditions for a preliminary investigation (inquiry) are the observance by the investigators of the order established by chapters 21, 22, 24, 25, 26, 27, 28 and 29 of the Code, as well as chapter 32, which regulates the seizure processes.
Inquiries shall be conducted in cases falling into the category of light or medium gravity established by the first paragraph of the third part of Article 150 of the Code, as well as the second paragraph of the third part of Article 150 of the Code (subject to written instructions from the prosecutor).
A type of preliminary investigation (inquiry) must be carried out within thirty days from the moment a criminal case is opened. If necessary, the prosecutor may extend the term by another thirty days.
If a forensic examination is necessary to conduct an inquiry, the deadlines are extended by district, city or military prosecutors or their deputies for up to six months. If the interrogating officer needs to send a request for legal assistance under Article 453 of the Code, the deadlines are extended by the prosecutor in the constituent entity of the Russian Federation or the military prosecutor for an annual period.
In the event that a criminal offense is opened on the basis of the fact of the commission of the act, and in the course of the inquiry it was established that the suspect was guilty of another crime, then on the basis of suspicion the inquiry officer shall issue a notice indicating the following data:
- place and date of preparation of the document;
- surname, name, patronymic of the person who compiled the document;
- details of the suspect with the exact date of birth;
- a description of all the circumstances of the crime;
- norm of the criminal code governing this crime.
In the event that the inquiry is suspended, the terms of the preliminary investigation shall apply to the criminal case.
results
As a result of a preliminary investigation (inquiry), the interrogating officer takes one of several types of decisions:
- Separation of a criminal case into a separate type of proceedings.
- The termination of the case in part or in full.
- Suspension or resumption of criminal proceedings.
- Written notice of suspected criminal offense.
- Involving a person as an accused, indicating the extent of the charge.
- Referral of the accused to a medical referral organization that provides medical or psychiatric inpatient care.
- The initiation of a petition addressed to the prosecutor to increase the time for the inquiry.
- Initiation, with the sanction of the prosecutor, of a petition in court for the selection of a preventive measure or for the production of procedural or investigative actions authorized by the court.
- Indictment.
The two forms of preliminary investigation have many similar and distinctive features, which allows the criminal proceedings to be conducted at the proper level and in full.