Criminal is a case that is initiated by an authorized person after the detection of signs of a criminal act. To conduct the criminal prosecution procedure, it is necessary to use the Criminal and Criminal Procedure Codes of the Russian Federation, taking into account the latest adjustments and changes. Notify interested parties of the adopted procedural decision is also subject to the rules of the deadlines, since each decision can be appealed to a higher authority.
Initiation of a criminal case (hereinafter referred to as “Wood”)
The Woods procedure is accompanied by a written decision (in print format). This document includes information about the person who issued it, information about the commission of an unlawful act (date, time, place and other circumstances of the case), as well as the visa of the department head.
For a motivated Wood, it is necessary to justify and motivate the actions of a person as illegal and contrary to the criminal law.
After conducting verification activities, law enforcement officers draw up and sign a decree on the wood, which is sent to the prosecutor.
Notification is subject not only to the prosecutor's office, but also to the applicant, as well as persons recognized as victims. In some cases, when the crime caused damage to the state, the procedure for recognition as a victim is not performed.
A wood may be delayed if the prosecutor’s office sees reasons for canceling this decision. The prosecutor is not the only person with the right to annul a decision. The head of the investigation has an even larger set of powers, which also includes the direction of the investigation (that is, giving direct instructions).
Refusal to institute criminal proceedings
To refuse the right to an authorized person in the Wood after the verification measures are carried out within a three-day, ten-day or one-month period, depending on the complexity of the act committed. If there are disputed grounds, the head of the law enforcement body or the prosecutor has the right to cancel the decision made by the investigator.
The cancellation of the decision to refuse to initiate proceedings shall be made by the prosecutor or the head of the investigative body. After which the investigator again takes the criminal case to production and within ten days agrees to take a new decision on the case, having checked all the circumstances. The cancellation of the decision on refusal of the Woods involves several more investigative steps necessary to establish a complete and objective picture of the committed act.
A refusal order (that is, a decision on refusal of a wood with a visa of an authorized investigator, interrogator or heads of institutions) is sent to the prosecutor for verification. Subsequently, the prosecutor (within 5 days) legitimizes the decision, and the verification of the commission of the wrongful act is completed.
Important! During the period of verification activities, the applicant or the victim is not notified. A person shall be informed if a procedural decision is made.
Submitting a document
Notification of the initiation of a criminal case (the sample is presented in the article) must be sent accordingly.
When making a decision on a woodwork, an authorized person prepares a cover letter to which a copy of the decision is attached and is sent to the victim or applicant, as well as other interested parties.
This document is executed in writing and sent immediately to all authorities.
Initiation of a criminal complaint
A citizen who has recorded or saw a crime, as well as who has suffered from unlawful actions, is one of the parties that is mandatory notified of the decision by law enforcement agencies. The party is notified of the woods immediately after the decision to institute criminal proceedings.
If the applicant, when writing the text, indicates the email in the application heading, the law enforcement officer can send the document via the World Wide Web. Important! This method of sending the document is not considered appropriate, and therefore it is mandatory to send the original by post.
Competent authorities
The law enforcement officers for wood include:
- Investigative Committee of Russia.
- Ministry of Internal Affairs of Russia.
- Customs of Russia.
- Other specialized bodies (FSB, court and others).
When making decisions affecting the rights and interests of citizens, the above bodies are required to notify citizens.
Notification of the suspect about the initiation of criminal proceedings shall be carried out immediately after the decision is approved. A copy of the decision with a cover letter is packed in an envelope.
A notice of initiation of criminal proceedings is available from all of the above authorities. The only difference is the caps of the senders and the persons signing the document.
Methods of notification of a procedural decision
Notification of the initiation of a criminal case should be drawn up quickly and sent to the required time.
You can notify a person in the following ways:
- post office;
- Email;
- fax machine;
- on purpose;
- by informing the administration of the body where the person to whom the preventive measure, a measure of medical coercion or other state response measure is applied.
Important! In accordance with federal law, the consideration of applications is duly notified only by mail when sending a registered letter with notification.
Other methods of notification are used in cases where there is information about the person (phone, email address, fax number). Notification is carried out according to the specified system with further sending by registered letter.
Timing of notification of initiation or denial of wood
A term is a period of time during which it is necessary to exercise rights or obligations. The applicant shall be notified of the initiation of a criminal case or of refusal thereof in the specified period (the period is fixed by the criminal law system of Russia). This term is called reasonable, and it does not have certain restrictions, however, it should be notified before the next procedural decision is made so that the person has enough time to appeal or take another action.
A criminal case notification form is prepared for both the applicant and the prosecutor at the same time. If there is a suspect or accused, this person is subject to notification.
The notification of the initiation of a criminal case is compiled in a uniform form in all state law enforcement institutions. This document includes information about the event, the date of the crime, as well as the grounds and date of initiation of the case.
Thus, the decision on wood or a notice of refusal to initiate a criminal case is sent immediately.