Art. 146 of the Code of Criminal Procedure of the Russian Federation regulates the initiation of a criminal case of public prosecution. What reasons are needed and what actions are taken by authorized persons? What role does the prosecutor's office play? What privileges do dignitaries have?
Public prosecution
Art. 146 of the Code of Criminal Procedure is devoted to one of the most important issues - the initiation of a criminal case of public prosecution. Unlike private or public-private prosecution, it is up to the police to decide whether to start or stop the proceedings.
The opinion of the victim is almost not taken into account here, his statement serves as one of the reasons for conducting an audit and opening a case. Terminate the case by withdrawing the statement will not work.
Who exercises authority
Who initiates the production? Art. 146 of the Code of Criminal Procedure refers to the body of inquiry, the inquiry officer, investigator and the head of the investigation department. The article indicates a limitation of powers, primarily in terms of the jurisdiction of criminal cases. The article-by-article distribution of powers to investigate describes the boundaries of competence of investigators and interrogators of various bodies.
Ruling
This procedural document is the official announcement of the start of proceedings. Its removal automatically gives a number of persons rights and obligations, especially the suspect and the victim. Regardless of competence, to the decision, according to Art. 146 of the Code of Criminal Procedure of the Russian Federation, uniform requirements are presented:
- date, time, place (city, town);
- surname and initials, position and title of the person who made the decision to issue the decision;
- what was the occasion and the basis;
- paragraph, part, article number of the Criminal Code.
On the letterhead of officials, a place has always been left for signatures of the prosecutor and the head of the investigation department (the inquiry officer sends the materials directly to the prosecutor).
How large the document is is determined by the approaches and skills of the employee.
Reason and foundation
As a pretext, the law implies: a statement from the victim or another person, confession, materials of verification from the prosecutor's office or other body, in particular, the Central Bank. Materials from the court also serve as grounds for initiating proceedings. At the same time, it is not formally decided in advance whether there are grounds for initiating proceedings.
The law also indicates other sources, earlier versions of the code indicated as a separate reason for reporting to the media.
Basis - the existence of a crime or elements without which prosecution is not allowed. For example, when harm was caused to health, there was a defense against violence or the insignificance of the act was established.
Prosecutor's check
One of the functions of the prosecutor's office is to supervise the activities of those responsible for the conduct of the ARD and investigative activities. In this connection, the initiation of cases approved by the prosecutor. As a rule, he agrees with the inquiry officer or investigator and puts his visa on the document.
Competency Disputes
The powers of the prosecutor include resolving a dispute on competence. Some cases can be simultaneously investigated by different authorities (the police and the UK, for example). If it is impossible to separate the matter into a separate proceeding, then the question of jurisdiction is raised.
How it's done? The decision on the initiation notes that it is sent to the prosecutor with the materials to verify and resolve the dispute over the jurisdiction. More often materials are transferred to a structure that occupies a higher position in the hierarchy.
Out of reach
Accidents happen in geological expeditions, on sea and river vessels, in diplomatic missions. Laws do not cease to act there, and the duties of the captain of the vessel, the head of the expedition include the initiation of proceedings and the collection of evidence.
As soon as possible, all materials are transferred to authorized bodies. In h. 4 Article 146 of the Code of Criminal Procedure refers to the prosecutor’s office, where the legality and validity of opening a case is directly verified.
The law provides for an audit of no more than 24 hours. And nothing is said about the consequences of missing the deadline. Based on the acts of the Constitutional Court of the Russian Federation, this fact does not affect the right of the prosecutor to cancel the decision to start the proceedings.
A copy of the decision of the prosecutor is transmitted to the applicant and to the person in respect of whom the investigation was initiated. The obligation to send a message about the results of the proceedings by the prosecutor rests with the investigator, the head of the investigative department or the inquirer, although the verification is carried out by the prosecutor, and the listed persons have no relation to her. Thus, it reads part 4 of Art. 146 Code of Criminal Procedure.
Special procedure for initiating proceedings
Art. 146 of the Code of Criminal Procedure with comments refers to other provisions on prosecution of persons with integrity. It implies the right to start proceedings on the proposal of an official of a sufficiently high rank. So, for example, in respect of a senator or a deputy of the State Duma, a case is opened on the initiative of the Prosecutor General with the consent of the House of Parliament.
In relation to the Prosecutor General, by the head of the Investigative Committee. If the head of the UK is suspected, then the President submits a submission, and the conclusion of 3 judges of the RF Armed Forces is required. If there is no consent of the parliament or the opinion of judges, prosecution is not allowed.
At the regional level, the decision of the head of the local UK is required.