Each court case decides the fate of at least one person. The trust of citizens in the judicial system of a country depends on the justice of the judicial system and an objective approach. Criminal proceedings require strict laws.
Dates of consideration of criminal cases: basic principles, concept, types, definition, legal and organizational basis, compliance with legislative acts
The procedural side of criminal cases consists of many nuances. The time interval among them is of fundamental importance. Compliance with time standards allows participants to take timely measures.
The initiation of a criminal case begins with the filing of a statement of the victim. After the duty officer of the operations department registers him in a special journal, the document is submitted for verification by the investigator. The period of study by the investigator takes a maximum of 3 days. In special cases, this period may be extended up to 10 days.
Based on the results of the audit, a resolution is formed where the further fate of the application should be indicated. Two options are possible: initiation of a criminal case or refusal due to lack of corpus delicti.
Dates for the defendants
If no decision is made within 10 days, the interested party has the right to file a complaint about the inaction of law enforcement agencies. This process should begin with the head of the unit, if the reaction did not follow, then you need to contact the prosecutor.
An important point that should not be missed is that when registering an application, you must definitely get a notification coupon, which serves as proof of the application.
The investigation of any crime, regardless of the degree of complexity, must be within the time limits for considering criminal cases established by law. For familiarization with the results of the investigation, 5 days are allotted. Materials can be studied by the lawyers of the parties or by the defendants themselves. Participants have the right to hire a third-party lawyer, if this is not possible, then a state lawyer is provided.
Based on the results of the study, a protocol is drawn up, where “inconsistencies” or contradictions should be recorded in writing. The protocol is drawn up by the investigator. If the suspected person is in the pre-trial detention center and refuses to familiarize himself with the case materials, then the conclusion of the indictment nature is sent to the prosecutor's office without notification to the suspect.
The timing
The time frame for criminal cases at the investigation stage has a clear time frame. These points are regulated by article 233 of the Code of Criminal Procedure of the Russian Federation. According to them, 3 periods are distinguished:
- The maximum time that can last more than 12 months.
- The private period implies a criminal case review period of up to 3 months with the possibility of extending up to 12 months. The decision to renew is made by the head of the unit.
- General period - the time during which the investigation must be completed in full, and the case is referred to the prosecutor. These procedures are set 2 months from the date of initiation of the criminal case.
Factors
The timing of criminal cases depends on several related factors. In particular, this may be the severity of the crime, the number of suspects in its commission and other circumstances of the investigation.
There are also established deadlines for the inquiry process:
- the first 30 days will be considered as a total period;
- the private period lasts 6 months with the possibility of extension;
- the maximum period must not exceed a time frame of 12 months.
It is important to note here that the extension of time should be strictly controlled, since under the guise of incomplete stages, attempts can be made to deliberately delay the matter. This phenomenon is contrary to the constitutional rights of citizens - the principle of the inevitability of crime.
How much is the court considering?
There can be any number of court hearings on a given criminal case. In this regard, the legislation does not impose restrictions. From a practical point of view, it is believed that the more meetings, the greater the chances of a fair decision. However, this should not serve as a reason for deliberately delaying the final verdict.
The time frames for considering a criminal case in court differ by instance. In practice, the longest period is characteristic of a trial court. The desire of the parties plays a role in this if one of them is interested in delaying the process. The most common reason for rescheduled meetings is the failure of one of the parties to appear.
Another factor affecting the time period for considering a criminal case in court is the filing of an appeal. An appeal is filed when one of the parties does not agree with the verdict of the court. In this case, the earlier decision is sent to a new stage of consideration, and will not enter into force until the process is completed.
Is it possible to extend longer than 12 months?
The Investigative Committee or other federal investigative bodies are authorized to extend the term for more than 12 months. This provision is declared by article 162 of the Code of Criminal Procedure. However, at the legislative level, the maximum time limits for considering a complaint in a criminal case are not indicated. It is also not indicated what grounds may be for extension. The decision is made in the form of a decision.
Based on this, it can be concluded that the current legislation does not establish a maximum time for investigation of criminal cases. Exceptions are the decision of the competent persons.
Appointment of meeting dates
What factors determine the date of the meetings? This issue is regulated by article 277 of the Code of Criminal Procedure. It states that the appointment of a hearing date is within the competence of the judge. The deadline for appointing the first meeting from the moment the judge receives the materials is 30 days. But this term applies to cases where the defendant is not in the pre-trial detention center. For those who are waiting for a meeting in a pre-trial detention center, the period is reduced to 14 days.
Changing the time frame makes practical sense. Usually a comprehensive and objective consideration of the case, clarification of information and verification of materials requires a long time. Therefore, the time limit for considering a criminal case in a court of first instance may not be limited in time. The competence of a judge also includes influencing the position of the participants in the case, which also takes time.
The task of the trial court is the conviction. The validity of the decision is checked by the courts of second instance, which do not make a decision. Therefore, the subsequent course of the process will, to one degree or another, develop around the initial decision.
Suspension of an Investigation
In some cases, the period of consideration of a criminal case by an investigator may be suspended. No investigative or procedural measures are taken during this period. The suspended case is subject to reopening, since the materials cannot be submitted to the court until the investigation is completed.
This period can be quite long. However, there must be objective reasons. The grounds are regulated in the first part of Article 208 of the Code of Criminal Procedure. According to this law, suspension is possible in the following cases:
- For the state of health of one of the defendants. For example, if a suspect or accused person is seriously ill. But this fact must be confirmed by a medical report.
- One of the defendants, most often the defendant, hid from law enforcement agencies, and his whereabouts are unknown.
- The location of the person under investigation is known, but there is no possibility of participation in the processes.
- The identity of the defendant has not been established or, based on the results of the preliminary investigation, it is impossible to identify the culprit.
These factors contribute to the fact that in practice the time limits for considering a criminal case will be extended for an indefinite period. The decision is made in writing, in duplicate. The second copy is intended for the prosecutor. Other persons involved in the person of the plaintiff, his representatives, the victim and his representatives must be notified on time. If someone does not agree with this decision, they can file a complaint with the prosecutor, the court or the head of the unit. The right to appeal is also clarified when reviewing the decision.
Terms of Appeal
The time limit for appeal of a criminal case in a district court is a maximum of 15 days. 30 days are reserved for judges of the following instances:
- in a military or navy court;
- at the level of the autonomous region of the Russian Federation;
- at the level of autonomous regions;
- on the court of a city of federal significance;
- regional court;
- city Court;
- regional court;
- Republican Supreme Court.
The term for consideration of an appeal in a criminal case in the Supreme Court of the Russian Federation is 45 days.
An appeal extends beyond conviction. An acquittal judgment may also be appealed in the same way. Persons entitled to file an appeal are the legal representatives or attorneys of the parties.
Features of the appeal
An appeal comes in two forms: full and incomplete. The first involves a review of the case from start to finish, in full. In the second case, the lawfulness and objectivity of the decision is subject to legal analysis.
As follows from Article 327.1 of the Code of Civil Procedure, in practice only partial forms of appeal are accepted for consideration. The article also regulates the time limits for filing an appeal - 1 month from the date of the decision.
An exception to this period is administrative cases, the consideration of which is allowed in a short time - 10 days. The document is sent to the same court that issued the decision. Over the next 3 days, the judicial authority must attach the case file to the complaint and forward it to the higher authority for trial. In the field of the rights of judges to hear cases, there are their own procedures. For example, district courts are competent to consider decisions of justices of the peace.
Administrative review
Terms of consideration of administrative cases are similar to criminal ones. The maximum term is 2 months. If the case is referred to the court, the term is 3 months. No later than this time, the judge must make a decision and determine the guilt or innocence of the accused.
The decision to terminate the administrative case may go beyond certain periods. In practice, to delay the case, the defendants can hide behind sick leave, business trips and other methods. Unlike in a criminal case, in administrative hearings, a meeting can also take place without the participation of the injured party.
Correspondence decision in criminal cases
Dates are set by the courts. They are obliged to notify participants of the upcoming meeting. By law, any form of notice, oral or written, is allowed. Using this provision, the judge may call or even send a message to the phone. If a notification was sent to the defendant, and he ignored it without a good reason, then the judge has the right to make a decision in absentia in order to avoid the outcome of the time limit for considering an appeal in a criminal case.
If the defendant does not agree with the decision in absentia, then he can file a petition, and the plaintiff has the right to appeal it. If the defendant was denied the request, then he can appeal. If the appeal decision is also not satisfied, then the complaint is sent to the court of cassation.
Duration of civil cases
The law also provides clear rules on civil matters. In this aspect, 5 days from the date of receipt of the application are allotted for consideration of the complaint. During this period, the body must decide whether to accept the case for legal proceedings or not. The meeting is scheduled taking into account the time for the receipt of court materials by the participants. Based on the materials, they should prepare for the hearing.
Termination of a criminal case
This process is regulated by article 6 of the Code of Criminal Procedure. At this stage, taking into account all the materials collected and following the results of the investigation process, the investigator or interrogating officer makes a decision to terminate. The reason is the lack of grounds for judicial review of the case. The following circumstances contribute to this:
- Completion of the criminal procedure in relation to this case.
- If there is a decision or refusal to institute criminal proceedings.
- Case materials are transferred to the archive.
The processes may be terminated regardless of the time limit for the consideration of the criminal case in the specific case. According to experts, such a move cannot be called a negative phenomenon or an offense of the defendants. During the investigation of criminal cases, it is impossible to predict their outcome. Each revealed fact or circumstance can change its course. Termination may occur at the stage of the preliminary investigation or even during the trial. There are reasons for this in the form of a number of articles from the CPC. For example, 236, 239 or 254.
Conclusion
The order and terms of consideration of a criminal case are of fundamental importance. If you miss the set time, the decision of the first instance will come into force and it is already unlikely to change anything. There are times when a complaint is omitted for good reason. In these cases, it is possible to extend the time period for appeal or the time for consideration of a cassation appeal in a criminal case. The circumstances of the omission must be documented. Evidence is also needed. On their basis, a petition is sent to the court. If you can achieve a positive result, you can send a complaint.