Upon confirmation of a report of an impending or committed crime, criminal proceedings are opened. From this moment, a preliminary investigation begins. This procedural action can only be carried out by authorized employees: the inquiry officer or investigator.
It appears that the preliminary investigation is an ongoing process, culminating in a bill of indictment or an act. Meanwhile, there are a number of reasons on which it can be interrupted. They are enshrined in Art. 208 Code of Criminal Procedure . Consider the specifics of the application of the norm.
General information
Suspension of investigation - a procedural decision of an authorized employee on a break in the production of investigative actions due to the absence, failure to identify a suspect / accused or the inability of a citizen to participate in the proceedings.
The list enshrined in Part 1 of Art. 208 Code of Criminal Procedure , is not subject to an extended interpretation (is closed). The suspension of the investigation cannot be carried out on other grounds.
Obstacles
In the first part of Art. 208 of the Code of Criminal Procedure of the Russian Federation (clauses 1-4), 4 grounds are established for suspension of the investigation:
- Failure to identify the subject who should be involved in the proceedings in the status of the accused.
- A citizen accused / suspected of having acted fled, or his whereabouts are unknown for another reason.
- The location of the person has been established, but due to objective reasons, his appearance in law enforcement is not possible.
- The accused / suspect has been diagnosed with a serious but temporary illness, which is confirmed by the conclusion of a competent medical institution.
Important point
Considering Art. 208 of the Code of Criminal Procedure of the Russian Federation with the comments of the Constitutional Court, it should be noted that the Court recognized the grounds set forth in paragraph 2, in conjunction with parts 3, 9, 115 of the article, partially contrary to the Constitution.
The discrepancy is recognized due to the fact that these provisions do not provide effective protection of the interests of the rightful owner of property arrested in order to enforce the court decision in a civil lawsuit when the investigation is suspended due to the fact that the citizen accused / suspected of assault has disappeared.
Face failure
This is the basis, fixed in the first part, paragraph 1 of Art. 208 of the Code of Criminal Procedure of the Russian Federation , suggests that the crime is not solved: the measures taken did not allow to establish the person involved in it. At the same time, the very fact of the violation was proved and does not raise doubts.
Suspension of the investigation is allowed, thus, if all the necessary actions were completed, but did not bring any result.
Undetermined Location
P. 2, Art. 208 of the Code of Criminal Procedure of the Russian Federation is applied if the subject involved in the act is established.
It is assumed that the authorized servants have completed all appropriate actions sufficient to give the subject the status of the accused / suspect, have taken appropriate procedural decisions:
- a case was instituted against a specific subject;
- the person was detained;
- an appropriate preventive measure has been applied;
- a decision was drawn up on granting the citizen the appropriate status.
At the same time, the citizen, in turn, took measures to evade the investigation. Accordingly, there is no possibility of continuing the procedural activity.
Inability to attend
Art. 208 of the Code of Criminal Procedure of the Russian Federation provides for the right of an authorized person to interrupt an investigation when there is no real opportunity to bring a citizen to law enforcement agencies. Moreover, the norm specifically stipulates that the personality of the subject is established, the proof of his involvement in the act is confirmed.
From a literal interpretation of 3 paragraph 1 of the article. 208 of the Code of Criminal Procedure of the Russian Federation it follows that a person does not evade appearance, does not hide from the investigation, moreover, he is ready to appear, but cannot do this for objective reasons.
Circumstances that impede the conduct of investigative steps involving a citizen may include living in a remote area, lack of transport infrastructure, unresolved issues of extradition of an attacker by law enforcement agencies of a foreign country, etc.
Disease
In paragraph 4 of part 1 of Art. 208 of the Code of Criminal Procedure of the Russian Federation there is an indication of 2 mandatory signs of the disease, the presence of which prevents the continuation of the investigation.
First of all, the pathology should be severe. The severity is determined by a special competent medical institution. In addition, the pathology must be treatable.
A medical certificate is issued in accordance with the pathology profile identified by the citizen. At the same time, the institution that compiled it must carry out its activities legally, that is, have a license, and doctors, in turn, must be qualified.
When deciding on the issue of a conclusion, a person may be examined, medical documentation provided by the citizen's relatives or his counsel may be examined.
Special cases
The provisions of clause 3 1 of the article 208 of the Code of Criminal Procedure of the Russian Federation are used not only for physical, but also for mental pathology.
In case of detection of a nervous disorder, it is necessary to make sure that the subject is nonetheless sane and understands the nature of his behavior and manages his actions. Based on the results of the examination, the issue of applying compulsory medical measures to a person is decided.
Employee Responsibilities
Prior to the interruption of the investigation, the employee must conduct all activities that are possible without the accused / suspect. The relevant provision is enshrined in part 5 of Art. 208 Code of Criminal Procedure .
An authorized employee, in particular, searches for persons, takes measures to establish their whereabouts, etc. If the investigator has not completed all possible measures, he cannot make a decision to suspend the investigation. In this case, he needs to send a petition to the prosecutor to extend the investigation.
Important point
The execution of all actions possible without the accused / suspect is a prerequisite for suspension to interrupt the investigation, regardless of the basis.
A break in the investigative activity due to the circumstances enshrined in paragraphs 1, 2 part 1 of the analyzed article is allowed after, and in the cases stipulated by 3, 4 points, before the expiration of the investigation period.
The participation of several persons in a crime
Quite often, proceedings are instituted for acts committed by several entities. Moreover, during the investigation circumstances may arise that impede the progress of the case.
According to part 3 of article 208, if there are reasons to suspend the investigation in relation to one (several) accused / suspects in one proceeding, the investigator selects a separate case and takes a procedural decision on it. The rest of the investigation is conducted as usual.
Documenting
Like any procedural action, the decision to interrupt the investigation should be recorded in the relevant act. It is a decree.
In this document, the person conducting the investigation indicates all relevant information: F.I.Olitsa and address of residence (if established), status in which the citizen is involved in the case (suspect / accused), information about himself (F.I.O. , position, name of unit), details of the case, grounds for the decision to interrupt the investigation.
A copy of the decision must be transmitted to the prosecutor.
Additionally
The employee must notify other parties to the proceedings about the suspension of the investigation: the victim, civil defendants / plaintiffs, and their representatives.
If the interruption in the investigation was caused by the circumstances provided for in paragraphs 3, 4 of the commented norm, the accused / suspect, defense counsel shall be additionally notified.
Notification may be effected by sending a letter or a copy of the decision. The notice to the participants in the proceedings should explain their rights. In particular, the investigator must indicate that persons can challenge the decision to the prosecutor, the court or the head of the investigative unit.