Combining and isolating criminal cases is a popular practice used to facilitate and expedite pre-trial and judicial review. Therefore, it is important to understand in which cases such procedural actions occur.
Institutions for combining and isolating criminal cases under the Code of Criminal Procedure of the Russian Federation
Institutions of joining in one thing or separation of a part are institutions of a process type. They are legal and technical mechanisms that change the volume of criminal proceedings by narrowing or expanding. In this area, the institutes for combining criminal cases and the separation of criminal cases are directly and closely connected with the determination of the limits of criminal proceedings and their change. They contribute to faster and more accurate viewing.
The processes are based on the following principles:
- Ensuring the completeness, comprehensiveness, objectivity of combining criminal cases and highlighting the criminal case study of circumstances.
- Achieving time and budget savings.
- Implementation of criminal proceedings in a reasonable and short time.
- Overcoming existing and possible obstacles to certain individuals who are called upon to assist in the administration of criminal justice.
The processes of combining and separating criminal cases under the Code of Criminal Procedure of the Russian Federation are launched in pre-trial proceedings (in preliminary investigations) or in criminal proceedings. At the preliminary stage, cases are often divided or one stands out from several. During the trial, such processes are rarely launched.
At the stage of the trial, it is possible to carry out the processes of combining criminal cases and separation of the criminal case. The connection is realized upon return of materials for completion to the prosecutor (under clause 4 of part 1 of article 237 or part 2 of article 256 of the Code of Criminal Procedure of the Russian Federation), if there is reason to join, in accordance with article 153 of the Code. Then the preliminary stage of the investigation begins again.
The procedural procedure for combining and isolating criminal cases varies. The court may make an allotment on its own initiative at the preliminary stage of the hearing or at the trial itself. At the preliminary hearing, he has the right to make an allocation if there are grounds for this (clause 7, part 2 of Article 229 of the Code), at the stage of the proceedings - if one defendant or several did not appear in the trial for various reasons, but a separate process can be conducted for the remaining defendants ( Part 3 of Article 253 of the Code of Criminal Procedure). If a decision has been made on the possibility of conducting a process without the participation of absent defendants, the judge decides on the allocation of a criminal case.
Grounds for joining affairs
The Code of Criminal Procedure in Article 153 defines cases of combining cases, the legal basis of which is established by decision of the prosecutor or the head of the investigating authority.
The grounds include the following categories:
- The commission of a crime or crimes by several persons - accomplices.
- One person committing more than one crime.
- The commission of a crime of special gravity, if it takes place in advance is not promised concealment.
- The commission of several crimes by a person or persons who are not exactly known, but there is evidence of the uniqueness of the perpetrators of the crimes.
The list of grounds is not closed. Some judges combine other types of crimes (for example, if the guilt of one defendant is directly dependent on the actions of another). But if different cases have one witness database and even one victim, they cannot be combined without serious justification.
Both the combination of criminal cases and the separation of a criminal case are the right of the head of the investigating authority or the prosecutor. The main reason for such processes is the compilation of a more complete picture of the crime and the prevention of the commission of such crimes in the future.
Join Process Ordinance
If the head of the investigating authority or the prosecutor decided to combine criminal cases, he issues a decision in free form. The main requirement for the document is a clear reflection of the factual grounds for making such a procedural decision and an indication of the purpose of the connection.
The procedure for joining, as well as separating, criminal cases involves the compilation of documents similar in structure and content. The composition of the document includes three parts: introductory, descriptive and resolutive.
The water part includes detailed qualifications and criminal case numbers that connect. The narrative includes the goals and bases of the link with reference to Article 153 of the Code of Criminal Procedure.
The operative part contains the numbers of cases that are connected, and their new, common number. The conclusion also indicates to whom the head of the investigating authority or the prosecutor instructs to conduct a preliminary investigation.
If the investigation is assigned to a specific authority, the name of the authority shall be indicated. If it is entrusted to a specific interrogator or investigator, his name, surname, patronymic, rank and title are indicated. The decision on whom the joint criminal cases or the separated case are investigated is taken by the head of the investigating authority or the prosecutor.
When joining affairs, a new term is established. This is the longest period out of the production of connected businesses. The preliminary investigation phase is not additionally summarized.
Grounds for highlighting cases
Like compound, the separation of criminal cases and materials helps to regulate the volume of judicial and investigative proceedings. Allocation contributes to the narrowing of the production of judicial or investigative orientation.
Separation of a case may be carried out on one of the grounds specified in Article 154 of the Code:
- One accomplice or several, according to paragraphs 1-4 of part 1 of article 208, are not established or cannot participate in the hearing for any reason (paragraph 1 of part 1).
- One accused is a minor (paragraph 2 of part 1).
- One accused of a group of accomplices was insane or became so after a crime (Article 436).
- It has been established that there is no connection between the acts of the jointly accused persons (paragraph 1 of part 1).
- An agreement on cooperation was concluded pre-trial with one of the defendants (paragraph 1 of part 1).
- Conducting inquiries in a simplified form against one of the accused from a criminal group (paragraph 1 of part 1).
Inability to participate in litigation
In criminal practice, there are situations when one of the persons accused of a group crime cannot participate in a preliminary investigation or trial for certain reasons. In this regard, the process or investigation should be suspended. In such cases, the criminal procedural law allows for the possibility of highlighting a criminal case in respect of the remaining participants in a conspiracy to commit a crime group.
It is possible to single out a criminal case in accordance with Article 208 of the Code in the following cases:
- The identity of the person to be charged has not been established.
- Investigators cannot establish the whereabouts of the suspect (accused) or there are other reasons for not establishing his whereabouts.
- The location of the suspect (accused) is known to the investigating authorities, but the accused cannot be present.
- The suspect (accused) cannot participate in investigative or judicial actions of a procedural nature on the basis of a temporary serious illness certified by the conclusion of a medical specialist.
The selection, as well as the combination, of criminal cases and materials helps to exclude cases of unjustified delays in the administration of justice, when there are objective reasons that do not allow to resolve the criminal case against all participants in the criminal group at the same time.
Accusation of a group of persons with a minor
Clause 2 of Part 1 of Article 154 of the Code of Criminal Procedure of the Russian Federation allows investigating and judicial authorities to separate a criminal case against a minor into a separate proceeding. This is due to the fact that the separation of part of the process from the general criminal trial allows you to neutralize the influence of the negative nature of adult criminals on a minor accomplice.
In addition, the allocation allows you to implement a special procedure for the proceedings of criminal offenses committed by minors. In relation to these persons, the legislation defines a special procedure for procedural actions on the part of investigative and judicial authorities. This procedure is established by Chapter 50 of the Code.
Accusation of an irresponsible accomplice
If one accused from a group of accomplices participated in the commission of a criminal offense in an insane state or became so after a crime, article 436 of the Code provides for the possibility of separating a separate case against him.
Allocation in this case provides for a special procedure for the proceedings. It takes place on a general basis, in accordance with Article 154 of the Code, and the proceedings will take place in a special manner, in which the issue of the appropriateness of choosing and applying medical measures of a coercive nature will be considered .
Lack of communication between acts
If at the preliminary stage of the investigation it is established that the persons recognized as accomplices are not such and the crimes committed by them are not related, these cases can be divided. In this case, a separate case is allocated for a person who has no connection with other accused.
The main highlighting factor is the lack of a factual connection between the accused accomplices or their crimes. At the time the case was opened, these facts were not established, but were discovered during the investigation and collection of evidence.
Incorrect qualifications may be caused by dishonest actions of an investigative nature or the normal progress of a case in the presence of a small number of facts.
Conclusion of a pre-trial agreement between the prosecutor and the accused on cooperation
If one accused of committing a group crime is ready to assist in solving the crime, exposing unknown accomplices or searching for property important for the case, a determination may be made in respect of him that distinguishes the case in a separate type of proceedings.
The basis for such a separation is actions to verify that the accused fulfills the terms of the agreement. The investigating authorities and the court are involved in this. At the same time, assessments regarding the justification for separating a criminal case into a separate type of proceedings diverge.
Simplified inquiry
In accordance with Chapter 32 of the Code, an inquiry may be carried out in respect of one accomplice of a group crime in a simplified form if the person's involvement in the commission of the crime does not raise doubts and they do not dispute the established circumstances of the crime.
As in the case of concluding a pre-trial agreement, the allocation in the case of a simplified inquiry is used to expedite the production at the pre-trial stage.
These circumstances become known already at the preliminary stage of the investigation of criminal offenses.
Other grounds for isolation
Other grounds are rarely applied in practice, but are often addressed in WRC. Like a compound, the separation of a criminal case is possible on grounds not specified in Article 154 of the Code. Other grounds are:
- The commission of a criminal offense by an accomplice, a soldier or a person at a military training camp. Since such categories are under the jurisdiction of military courts, a case against a military serviceman is set aside in a separate proceeding if the remaining defendants do not want to be examined by a military court. If separation is not possible, regardless of the will of the remaining defendants, the case passes to the military court.
- Trial of a group crime by a jury if the accused or one accused does not agree with such a panel. As in the previous case, the impossibility of separation leads to the abandonment of the case by a jury.
Features of the allocation of the case
Features include:
- It is possible to separate a part into a separate proceeding if this does not affect the objectivity and comprehensiveness of the consideration of the case by the investigating authorities and the court.
- Only a person conducting a general proceeding has the right to make a decision highlighting a part of the criminal case in a separate proceeding.
- The materials collected in the main case can be used in dedicated production.
- The preliminary investigation period shall be calculated from the moment the main case was opened.
Material selection
Materials are released if the investigation revealed signs of another crime. In this case, the investigator allocates and sends the necessary materials to the head of the investigating authority or to the prosecutor.
If a higher authority decided to separate the case due to new circumstances, the materials are considered evidence in relation to a new crime (part 2 of article 155 of the Code).
The grounds and procedural procedure for joining and separating criminal cases simplify the production and allow the use of special methods of production in relation to certain categories of criminals.