As part of the preliminary investigation, various procedural steps are taken to collect evidence. One of them is the inspection of the scene. The Code of Criminal Procedure of the Russian Federation establishes the grounds and rules for its implementation, the procedure for recording the results. Consider the features of this investigative action.
Inspection of the scene
The analyzed procedural action is carried out to detect traces of a criminal act, to identify other significant circumstances of the incident.
Authorized employees of the investigating authorities inspect documents, objects, terrain, residential (other) premises.
According to Article 176 of the Code of Criminal Procedure of the Russian Federation, the inspection of the scene of an incident may be carried out before the initiation of proceedings in an urgent case.
Inspection Procedure
Traces of a crime and other detected objects are examined directly at the place of the investigative action. The exception is cases provided for in 3 parts of Art. 177 Code of Criminal Procedure.
When examining the scene of the incident, examination of objects and traces may be difficult or require a long time. In such situations, the detected objects are seized, packaged, sealed without fail and certified by the signature of the investigator.
Items must be seized that are alleged to be directly related to the assault. According to part 3 of the norm of the Code of Criminal Procedure of the Russian Federation, the protocol of inspection of the scene of the incident should, if possible, indicate individual characteristics / signs of these items.
Everything that was discovered and seized during the examination is presented to the participants in the investigative action.
Room inspection
Inspection of the home is carried out exclusively with the consent of the persons living in it, or on the basis of a court order. If citizens object to the inspection, the investigator sends a petition to the court to conduct an investigative measure in accordance with Article 165 of the Code of Criminal Procedure.
Inspection of the premises of the enterprise (organization) is carried out in the presence of a representative of his administration. If the participation of this person is not possible, a note is made in the minutes.
Documentation
The general rules for drawing up protocols of investigative actions are enshrined in 180 norm of the Code of Criminal Procedure. When examining the scene of the incident, the investigator records all his actions; discovered objects, traces, documents, etc. are described in the form in which they were found.
The protocol is drawn up in compliance with the requirements of Article 180 of the Code, as well as 166, 167 norms.
In the document, the investigator indicates the time, briefly describes the weather, the lighting at which the scene was viewed. The Criminal Procedure Code of the Russian Federation contains a requirement to indicate in the protocol the technical means used during the examination, the results of the inspection. The document also provides the characteristics of the seal, which sealed the seized items, the address to which they were sent after the investigation. After the completion of the investigative action, the entities participating in it and the investigator must sign the completed form.
According to the Code of Criminal Procedure of the Russian Federation, when inspecting the scene of an incident , measures must be taken to preserve the integrity of the documents, traces, items of evidentiary value.
Attraction of witnesses
The features of the investigative actions with the participation of these persons are referred to in Art. 170 of the Code of Criminal Procedure, inspection of the scene with witnesses is at the discretion of the investigator or on the basis of the request of the participants in the event.
Cases involving at least two witnesses to carry out investigative actions are established by norms 182, 183 (part 3.1), 193 and 184 of the Code. In the cases provided for by Art. 177-178, 155, 181, 183 (except for part 3.1), 185 (part 5), 194, 186 (part 7), these persons are involved at the discretion of the investigator.
Among the above articles, 176 there is no norm. Accordingly, according to the Code of Criminal Procedure of the Russian Federation, inspection of the scene without witnesses is completely legal.
If, according to the decision of the investigator or based on the request of the participants, these persons were nevertheless involved in the event, they will be explained the purpose of the action, rights, obligations, as well as the liability established by Code of Law 60 before it begins.
Inspection of the scene under the Code of Criminal Procedure with comments
The investigative action under consideration involves the personal perception of the investigator and the fixation of the external signs of objects, to which, as a rule, there is free access.
The term “inspection” indicates the predominant use of the visual observation method. But in the process of inspection involved all the senses. Accordingly, in the protocol, the investigator can indicate the temperature of the object, the results of listening to the audio recording, a pungent smell, etc.
Goals
According to the Code of Criminal Procedure, inspection of the scene is aimed at:
- Identification of traces of a crime. They must include all objects that have signs of material evidence.
- Clarification of other significant circumstances. This goal involves the formation of an idea of the situation of the crime scene.
It is advisable to supplement the above list with another important purpose of the survey - fixing the signs of objects.
Reason for inspection
It is the presence of information that, when examining an object accessible to the investigator, information relevant to the investigation can be obtained.
It is worth noting that the availability of objects, the scene of the incident as a whole minimizes coercion during the examination. In this regard, a resolution is not required to carry out this investigative action. An exception is a forced examination of the home.
The difference from the search
Inspection, as mentioned above, can not be called a coercive action. In addition, his goals are broader than that of the search.
Some difficulties arise when it is necessary to conduct an investigative action in a home. If the citizens living in it do not agree to the examination, but there is no reason to assume that the persons are hiding something, then there is reason for a forced examination. A refusal can, for example, be caused by a reluctance to let strangers into the premises, spend time helping the investigation, etc.
If the probability of concealment by persons of the traces of a crime is high enough, then there is a basis for a search.
It must be said that during the inspection there is no forced search, damage to property, opening of storage facilities. During a search, such actions are permissible.
The compulsory inspection is limited only by the penetration of employees into the housing without the consent of those living in it. After that, the investigative action is carried out in the manner prescribed by the relevant articles of the CPC.
Meanwhile, for a search, and to inspect the home, a judicial decision is necessary. Carrying out these activities without such a resolution violates the constitutional right of persons to the inviolability of the home.
Emergency Home Inspection
It can be carried out without the consent of living citizens in compliance with the procedure for judicial control and prosecutorial supervision provided for in Article 165 of the Code of Criminal Procedure (Part 5) before initiating proceedings.
However, such an examination should not become an actual search. Otherwise, the procedural law will be violated, and all evidence obtained in this case will be declared inadmissible.
Judicial investigation
During it, an inspection of the place or premises may also be carried out. They may well be the site of the attack, the detection of traces of the act and during the preliminary investigation could be examined as the scene of the incident.
The same room, for example, the room of the murdered, during the investigation can be considered as the scene of the incident. In a judicial investigation, in turn, it is no longer considered as such. There can be no compulsory inspection in the latter case, since there is no need to take urgent actions.
conclusions
Given the above, we can conclude the following:
- Prior to initiating a case, only an urgent inspection of the scene of the incident, including the home, other premises, as well as the terrain, documents, objects, is allowed.
- Re-production of the investigative action in question should not be. After the first inspection, the urgency of the situation is eliminated. Accordingly, subsequently there will be a survey not of the scene of the incident, but of the premises, terrain, etc.
Inspection of the dwelling, other premises, open space is not an examination of the scene of the incident, if its purpose is not to detect traces, but other circumstances to be proved. For example, the conditions for the upbringing and life of a minor accused are clarified, an alibi is checked, etc. Accordingly, such actions cannot be carried out before a case is opened.
Conclusion
That is how it is carried out, according to Art. 176 Code of Criminal Procedure, inspection of the scene. "Consultant Plus" is a computer reference legal system in Russia that provides both professionals and people who are just interested in all the necessary information on legislation, including the Criminal Code. So everyone can look in more detail on this portal with what constitutes an inspection of the scene if he could not find all the answers to his questions in our review.