Art. 151 of the Code of Criminal Procedure of the Russian Federation, which is dedicated to jurisdiction, also discloses the preliminary investigation system , bodies, the structure of authorized bodies and the role of the prosecutor's office, and touches on other issues.
Preliminary investigation
Preliminary investigation - the second stage of criminal proceedings, the result of which is either the termination of the case due to lack of action or other reasons.
The investigation phase is aimed at identifying and collecting all the facts that are relevant to the crime. Further, the collected materials in the form of a criminal case are submitted to the court with the consent of the prosecutor.
Investigation Forms
Art. 151 of the Code of Criminal Procedure indicates two forms of investigation:
- preliminary investigation;
- inquiry.
The law provides for the possibility of conducting inquiries in a simplified form.
The preliminary investigation is carried out by investigators. Their difference from the interrogators is in a larger scope of powers. The investigator, for example, often has to ask permission for certain investigative actions from the head of the body of inquiry or from the prosecutor.
Inquiry is a simplified form of investigation, and it is carried out on matters of lesser gravity. Of course, this does not mean that the guilty person will escape prison. An example is the case instituted for evading or refusing to pay child support, for which the perpetrators are even deprived of their liberty for a short time (in court practice - about a year).
If you turn to Art. 151 of the Code of Criminal Procedure, the work of the investigator is devoted to more complex crimes, for which the punishments are much more serious. For example, fraud.
In addition to the police, inquiry bodies are present in the FSSP, the customs service, the FSB and other structures. Investigators work only in the police, the Investigative Committee and the FSB.
Jurisdiction issues
Part 2, Art. 151 Code of Criminal Procedure distributes criminal cases under jurisdiction. Jurisdiction is a slightly different concept, which includes the distribution of criminal cases between investigating authorities and interrogators.
There are several options for distributing cases:
- the investigation is carried out strictly within the competence (for example, the Investigative Committee is always involved in murders, the police in thefts, etc.);
- the investigation is conducted by the authority that identified the crime;
- the investigation is conducted by the authority appointed by the prosecutor.
The third option - according to Art. 151 of the Code of Criminal Procedure of the Russian Federation on jurisdiction, if several episodes of criminal activity have been identified, it is impossible to separate the case file into a separate proceeding. The resolution of the dispute over jurisdiction is within the competence of the prosecutor.
Similarly, disputes about conducting inquiries are resolved. If a case of small or medium gravity is instituted and it is necessary to conduct an inquiry, then the materials are immediately transferred to the prosecutor to select the body of inquiry.
Place of investigation
The general conditions of the preliminary investigation require the production of a crime scene. For example, if the theft was committed in the Leninsky district of a city, then the police department located in the district is investigating. Similarly, the issue is resolved with the bodies of inquiry, the Investigative Committee and the FSB.
If the act was started in one place and ended in another, the investigation shall be ensured by the authority in the last place.
If several episodes (individual acts) have been committed, where to transfer the cases is decided by the head of a higher investigating authority. The law allows an investigation to be conducted to the authority in whose service area the accused and a larger number of witnesses are located.
The investigator’s task is to quickly collect materials, and the latter option is technically advantageous.
When it comes to citizens of the Russian Federation living abroad
Art. 151 of the Code of Criminal Procedure of the Russian Federation, as amended or previously wording, did not and does not affect the territorial distribution of cases, in particular if they relate to citizens living abroad.
Citizens of the Russian Federation who have committed a crime under the Criminal Code of the Russian Federation, who have not been held liable, while abroad, are still subject to prosecution. The exception is cases when citizens of the Russian Federation are prosecuted by law enforcement agencies of a foreign state. Be sure to have a court decision in this regard.
The provision applies to military personnel serving on the territory of units located outside of Russia.
A foreigner who does not live in Russia, has committed a crime against the Russian Federation, a citizen of the Russian Federation or a stateless person permanently living in Russia, is subject to liability under Russian laws. An exception is cases if such a person was convicted or acquitted by a foreign court.
In the case of foreigners or citizens residing abroad, the case is initiated at the place of residence or location of the victim or at the location of the majority of witnesses.
An investigation is carried out at the place of residence of the accused, if the victim is abroad.
Decisions on the location of the investigation
The distribution of cases between investigators and investigators is carried out by the head of the inquiry or investigation departments, respectively. They immediately decide to leave the materials in their area.
If the investigator or the interrogator identifies a crime that is legally investigated by another service (for example, the police on duty went to call for murder), the investigator's duty is to initiate proceedings, conduct interrogations, examine the scene of the incident, do everything in his power and transfer the materials to your immediate superior.
The investigator sends the materials immediately to the prosecutor, however, without the signature of the head of the inquiry, the material is still not sent to the prosecutor.
If the case is taken "up"
The law gives a higher authority the right to take the matter to itself. A message about this is sent to the prosecutor. If the case does not go beyond the agency, the consent of the prosecutor is not required, in addition, the supervision is carried out by a prosecutor of a higher rank.
This happens with resonant affairs. For example, a fraud case that has hit dozens of people and received publicity is investigated not by the district departments, but by the city or oblast departments.
Today, there is a practice of establishing jurisdiction within the framework of one body by-laws. For example, the chairman of the UK has the right to distribute criminal cases between departments and departments. And investigators have an idea of who will investigate a particular case.
Combining Criminal Cases
In some situations, an investigation is considered more productive if several cases are combined into one. Art. 151 Code of Criminal Procedure with comments refers to Art. 153 Code of Criminal Procedure. The law provides for the following prerequisites:
- several acts have been committed by the same group of persons;
- one person committed several acts in which individual cases were instituted;
- the person took part in the previously not promised concealment of crimes.
The last point is based on the understanding of previously not promised concealment as a form of complicity.
Unification is allowed even in the absence of suspects, if there is reason to believe that the crimes are the work of the same persons.
The combination of cases under investigation by one authority is permitted by the head of the investigation department. The connection of cases investigated by the interrogator shall be carried out with the permission of the prosecutor.
If there is a need to combine cases under investigation by different authorities, the decision is made by the prosecutor. The solution to the issue depends on whose business is more serious.
Separation of a criminal case
Case materials are allocated if:
- an accomplice committed one of his crimes separately from the group;
- one of the partners is a minor;
- the case is conducted in the order of a simplified inquiry;
- the accused entered into a cooperation agreement and his case is conducted in a simplified manner.
The decision to set aside the case is made by the investigator or interrogating officer.
Separation of a case into a separate proceeding
This action is distinguished by the discovery of a new crime, in no way connected with either the one under investigation, or with persons who are involved in ongoing cases.
The investigator or inquiry officer shall forward the materials to the head of the investigation and to the prosecutor, respectively. Next, a check is carried out by analogy with the fact that as if an application for a crime had been filed.
True, if the head of the investigation independently conducts an inspection or entrusts it to one of his subordinates, the prosecutor sends the material to either the head of the inquiry or the head of the investigation.
The decision on the allocation of a separate proceeding with the attached materials is sent to the prosecutor.
Legislative issues
Changes to Art. 151 Code of Criminal Procedure are introduced with sufficient regularity. If earlier the reason was the formation of SC, now they are caused by the practice of disputes over jurisdiction over a number of resonant cases. We are talking about major cases where the interests of high officials, in particular prosecutors, are affected.
If you compare the wording of Art. 151 of the Code of Criminal Procedure of the Russian Federation in 2015 and today, in addition to the fact that new changes are already ready, an interesting trend is becoming visible. An increasing number of compounds are being investigated by those who discovered them. If earlier, for example, the FSB had to transfer the case to the UK or the police, now part of the cases remains with the investigators of the department. The situation is similar with SC.
In addition, the interference of the prosecutor’s office in connection with the monitoring of compliance with the rules on jurisdiction is excluded.