No matter how loud it sounds, the investigator decides the fate of people. The injured party is counting on the just punishment of the offender. The accused hopes that all his rights will be respected, and the existing evidence and evidence will be correctly evaluated. Indeed, the law requires law enforcement officials to protect the letter of the law and not violate human rights.
However, there are frequent cases where the competence of the investigator is at a very low level or the official is irresponsible in his duties. In such a situation, any party to the criminal process has the right to complain about the investigatorās inaction in the criminal case.
Subjects of appeal
The law does not prohibit appealing against the actions or omissions of an investigator by any participant in the proceedings. This may be the victim, witness, accused, expert, suspect, their legal representatives.
Even a third party can make a complaint, provided that its legal rights are affected by the investigatorās inaction.
Common causes of appeal
A complaint to the prosecutor about the inaction of the investigator may be filed in the following cases:
- criminal case suspended or terminated;
- refusal to initiate proceedings;
- property seized;
- denial of evidence;
- illegal searches and seizures;
- the rights of the parties to the process are not respected, for example, a lawyer is not allowed;
- no expertise is appointed;
- abuse of authority;
- procedural terms (inaction) are violated.
Naturally, this list is incomplete. By and large, you can appeal any illegal act or omission of a representative of law enforcement agencies. The main thing is to make sure the legitimacy of their claims before filing a complaint about the inaction of the investigator, the inquirer. You can simply even ask the investigator what steps have been taken, why not within the legal deadlines, and so on.
What is inaction?
If we rely on the requirements of the CPC, we can conclude that inaction can take any form, therefore, the author of the appeal is practically unlimited in the formulation of his requirements.
Illegal inaction is considered as evasion or unreasonable refusal to perform their official duties, which the investigator must fulfill by virtue of the requirements of regulatory enactments. This is a rather significant violation and entails sanctions, since inaction implies a violation and infringement of the rights and interests of citizens, directly affects the terms and results of the investigation.
Examples of inaction include:
- refusal to call witnesses;
- refusal to appoint an examination;
- refusal to apply measures that allow preserving property;
- not conducting interrogations;
- refusal to demand evidence.
However, this list can be continued almost indefinitely; inaction, in fact, is an unreasonable evasion of investigative actions, which are provided for by applicable law.
The main thing is to remember before filing a complaint to the prosecutor about the inaction of the investigator (a sample is given below) that not only this official is involved in the criminal process, but also the prosecutor and the prosecutor. Therefore, it is very important to determine by whose fault the process is delayed.
Where can I go?
You can apply for the protection of your rights to higher management, the prosecutor's office and the court. As a rule, they turn to the head of the investigator or inquiry officer in case of minor violations of official duties, for example, if a representative of law enforcement agencies allowed himself to be rude to the applicant.
If inaction leads to a significant delay in the process, then it is necessary to apply to the prosecutor's office or, in extreme cases, to the court.
Prosecutor's office
As a rule, the response to a complaint to the prosecutorās office regarding the investigatorās inaction (sample is given below) is always in the applicantās favor. It is the prosecutor's office that has the oversight function of the legality of the criminal process.
In cases where the case is being considered in the district department of the Ministry of Internal Affairs or the Investigative Committee, it is necessary to file a complaint with the district prosecutor's office. If the FSB dealt with the case and will continue to be referred to a military court, then it is necessary to contact the military prosecutorās office accordingly.
If the prosecutor's office refuses, then the applicant has the right to appeal to the court.
What to write?
A complaint to the prosecutorās office regarding the inaction of an ATS investigator should contain:
- name of the recipient of the document, address;
- information about the applicant;
- details of the investigator or interrogator, the omission of which is subject to appeal, the place of his work, full name;
- the essence of the issue, that is, a brief description of inaction;
- links to articles of normative acts that, in the applicantās opinion, were violated (you can refer to article 123 of the Code of Criminal Procedure, which allows appealing against the officialās inaction);
- requirements that the applicant makes;
- list of attached documents;
- date, signature and its decoding of the compiler of the appeal.
If a lawyer lodges a complaint about the investigatorās inaction, his information is also indicated, including a document that confirms his authority (power of attorney), which is indicated in the annexes and is in addition to the complaint.
The text of the document should be made only in a business style. There should not be any unnecessary reasoning, insults and emotional statements.
Sample complaint to the prosecutorās office regarding the investigatorās inaction
To the prosecutorās office ... of the district ...
Address...
From ... f. I.O. of the applicant or legal representative, ... address of residence, details of the power of attorney ...
Details of the person whose inaction is being appealed: F. I.O., position, ATS.
A COMPLAINT
on inaction
A statement of the situation, an example is given below.
The investigator ... F. I.O., place of work, date ... a criminal case was initiated and accepted for production on the grounds of part 1 of art. 111 of the Criminal Code.
I ... I.O. ... I am a victim. Suspects pass ... F. I.O., who caused serious harm to my health due to stab wounds.
For 1.5 months, since the initiation of the criminal case, I was in the hospital, and the investigator ... interrogated me only once and, according to him, once interrogated the suspect ...
As a result, during all this time, the investigator ... was inactive, did not take measures to detain the suspect, and did not indict him. As a result, such inaction led to the fact that the suspect ... F. I. Oh ... hid, and where is located today is unknown.
According to the requirements of Article 2 of the Criminal Code, one of the main tasks of the criminal process is: protection of the rights and interests of citizens, public safety. Article 123 of the Code of Criminal Procedure of the Russian Federation instructs officials to comply with a reasonable time frame, otherwise the person concerned whose interests were affected by the inaction of the investigator has the right to appeal to the prosecutor's office.
Based on the foregoing and guided by Article. Art. 123, 124 of the Code of Criminal Procedure of the Russian Federation, Articles 2 and 45 of the Constitution of Russia, -
I BEG:
- Recognize the inaction of the investigator (interrogator) ... F. I.O. .., expressed in the unlawful delay of the procedural deadlines, which led to the fact that the suspect disappeared, was unlawful.
- Oblige the investigator ... to eliminate the violations and organize the search for the suspect.
Applications ...
Applicant's full name, signature and date of compilation.
Naturally, this is an example of a complaint to the prosecutorās office regarding the investigatorās inaction, and in each specific situation the text will change. The main thing is that all the circumstances and claims stated are reasonable and incontrovertible.
How to serve?
You can submit a complaint to the prosecutor by personal appeal, through the office. You can use the services of a postal operator. In this case, it is recommended to draw up a letter with a valuable shipment, with a notification.
Review procedure
The procedure for filing and considering complaints to the prosecutorās office regarding the investigatorās inaction is regulated by Article 124 of the Code of Criminal Procedure. An official working in the department for supervision of the work of investigative bodies is engaged in this type of appeal.
The complaint must be examined within 3 days. If the above circumstances require additional proceedings, then the period may be extended to 10 days. The applicant must be notified of the extension of the term.
After considering the appeal, three types of decisions can be made:
- renouncement;
- full satisfaction of requirements;
- partial satisfaction of requirements.
Not only the applicant, but also the investigator is entitled to appeal the decision.
Where else can I go?
If the applicant was not satisfied with the decision on the complaint to the prosecutorās office regarding the investigatorās inaction (the sample is given in the text), then he has the right to appeal even to the Prosecutor Generalās Office. However, you should be aware that you can contact the higher management of the district prosecutor only after contacting the first directly. That is, it is possible to turn to the Prosecutor General only after passing the first instance.
Inaction of representatives of law enforcement agencies is possible in court. Most often they turn to the court with complaints about a refusal to receive a message about a crime committed in the event of termination of criminal proceedings or with refusal to initiate proceedings. They often go to court if the investigator does not want to verify the information provided about the crime.
You should also go to court at the place of the preliminary investigation. Such appeals must be considered within 5 days of receipt. The hearing is held in the presence of the applicant, investigator and other participants in the process. The absence of one of the parties is not a reason to postpone the meeting. A judge can also make three types of decisions, like a prosecutor, that is, either satisfy the requirements (in whole or in part) or refuse.