What do articles 144 of the Code of Criminal Procedure of the Russian Federation and 145 Code of Criminal Procedure of the Russian Federation mean?

A decision to initiate criminal proceedings is permitted only on the basis of an objective, complete and comprehensive analysis and assessment of the information received. Having accepted the report of the crime or attempted murder, the official is obliged to check the information contained in it. The procedure for considering the information received, as well as the specifics of deciding on the results of the audit, is established by more than one article (144, 145 of the Code of Criminal Procedure of the Russian Federation), which means that the legislator pays special attention to the clarity and accuracy of preliminary measures, as a result of which the suspect or the guilty person will be held accountable .

Main questions

When a crime report is received, an official evaluates the quality of the information. At the same time, he should answer the questions:

1. Whether the data source makes a statement or message on the merits and in form.
2. Are the facts and events real and the information reliable.
3. Does the reported act have signs of a crime, can it be qualified under any article of the Criminal Code.
4. Is it necessary to take measures to prevent, suppress unlawful behavior, fix traces, find out information about the victims, provide assistance to them.
5. Is it necessary to carry out verification actions to detect information that indicates signs of a crime.
6. Is there any information about an act that does not constitute a threat to society because of its insignificance.
7. Does the permission of a message or application fall within the competence of the inquiry bodies (or should it be transferred by subject / territorial jurisdiction / jurisdiction).

As a central issue when considering a communication under norm 144 of the Code of Criminal Procedure of the Russian Federation, is the identification of grounds for initiating criminal proceedings.

The specifics of assessment activities

The usual procedure for considering reports of crimes is expressed in the complex of sequential actions of the body of inquiry, investigator, prosecutor or interrogator. It is established by article 144 of the Code of Criminal Procedure, which means that cases relating to private prosecution are investigated in a slightly different way. It concerns the competence of a judge. The list of verification measures carried out before a procedural decision is made is given in part 1 of norm 144 of the Code of Criminal Procedure of the Russian Federation. It mentions the ability to perform certain revisions, checks. The provisions contain exclusively investigative measures that are allowed to be carried out without a decision to initiate criminal proceedings. These include, in particular, examination of the crime scene, appointment of a forensic examination, examination.

Organization of verification

As a rule, various acts, certificates and other documents are referred to the materials of activities carried out in accordance with the norm 144 of the Code of Criminal Procedure of the Russian Federation. When carrying out actions regulated by law, the powers of officials from law enforcement agencies are exercised. Their circle is established in the relevant industry legislative acts. In this case, the authority to receive the necessary explanations from officials and citizens is exercised. The organization of verification activities around the clock regarding messages that require an immediate response is performed by employees of the duty units (orders, shifts) that are part of the structure of the bodies of inquiry, prosecutors, preliminary investigations.

Responsible persons

They are also established by Art. 144 Code of Criminal Procedure. What does the person responsible for organizing the audit mean? This is an employee authorized to exercise control over the compliance of preliminary activities with the established requirements of the law. The responsible persons include the heads of the prosecutor's office, preliminary investigation or inquiry. It does not matter if they received the message personally, having arrived directly at the scene of the alleged crime, or having studied reports on the information received, including in respect of which urgent response measures were taken. The latter should include:

• Suppression and prevention of crimes.
• Identification and prosecution of suspects in hot pursuit for their detention.
• The implementation of certain investigative measures to consolidate the traces of the act.
• Implementation of special plans to identify and detain suspects , etc.

Verification Features

It is performed by the prosecutor, investigator or interrogator. However, the powers of these employees may be assigned by the head of the competent authority or his deputy to other persons in his staff, taking into account the level of their legal training. This is done through the approval of the relevant organizational and administrative act. The officials performing the audit or its organization, according to the information that is present in the message and require immediate response, are within their competence required to take urgent measures to:

1. Identify signs of a crime.
2. Suppression of deeds.
3. Fixation and preservation of traces and evidence requiring seizure, consolidation and research.
4. Conducting search and operational measures to establish and detain in hot pursuit or red-handed citizens who commit or have already committed a crime.

The immediate response measures according to the information present in the message, as well as their results, are reported to the head of the relevant body or to the prosecutor for organizing further procedural actions. This procedure should be carried out in a short time (during the day).

Article 144 of the Code of Criminal Procedure: characteristics

This norm is considered one of the most voluminous in the 19th chapter of the Code. Article 144 of the Code of Criminal Procedure of the Russian Federation, as mentioned above, provides for a preliminary verification of a statement (report) about a criminal act, some means of its conduct and the procedure for their implementation. Along with this, the norm establishes: the term of this stage of the start of production, the limits and procedure for its increase, guarantees of compliance with the requirements of the law and other procedural provisions. However, not all authors pay due attention to the essence of the provisions that are present in Art. 144 Code of Criminal Procedure. In particular, few people clarify the issue regarding entities authorized to receive a communication. It is advisable to consider it in more detail.

Acceptance of a message / application

Art. 144 of the Code of Criminal Procedure of the Russian Federation in part one of the criminal procedure provisions is clarified somewhat conditionally. In it, as in parts 2 and 3, the prosecutor, investigator and the body of inquiry are mentioned. In this regard, many authors in the comments to Art. 144, 145 of the Code of Criminal Procedure of the Russian Federation limit the circle of performers of the relevant actions to these entities. Some, however, talk about all officials included in the state law enforcement agencies as employees who are charged with the duty of accepting a statement / message. Meanwhile, these powers are assigned not only to the persons specified in norms 144, 145 of the Code of Criminal Procedure of the Russian Federation, but nonetheless not to all law enforcement officials. Only the person entitled to initiate criminal proceedings is entitled and obliged to accept the application / message.

Authorized employees

In addition to the persons listed in norm 144 of the Code of Criminal Procedure of the Russian Federation, under certain circumstances, the authorized subject to initiate criminal proceedings and, accordingly, to accept a message / application may (must) be the head of the investigation team or the head of the investigation department. In this case, obtaining the consent of the prosecutor is one of the conditions. The team leader is vested with the right to separate the criminal case into a separate proceeding. The procedure for this procedure is fixed in Art. 153-155 of the code. This indicates that the head is authorized to formalize the case in a separate proceeding to carry out a preliminary investigation of a newly committed crime, as well as regarding a new person. The decision on this, in accordance with Art. 154, part 3, cannot be accepted without simultaneous initiation of proceedings.

Investigation Team Officer

The question of his authority remains controversial today. His right is allowed within the meaning of norms 144, 145 of the Code of Criminal Procedure of the Russian Federation, which means that in all cases when a member of the investigative group is approached with relevant statements / messages, he is advised to take the necessary measures so that the head becomes aware of the information received. This is necessary so that the authority to accept information and conduct a preliminary audit was delegated to the employee or carried out with the participation of the boss.

Law enforcement

A number of authors indicate that the concept of an employee who is part of the staff of these structures is too broad to apply as a synonym to the category of persons obliged to accept a message / statement about a crime. A law-enforcement institution is called an institution (and in some cases an employee - a judge, investigator or individual who provides legal assistance to citizens), which is entitled and obligated by law to protect the interests, rights and freedoms of people and organizations, the state, subjects, municipalities, maintain the rule of law and legality.

Important point

A preliminary check of the message / allegation of a crime is carried out through the use of procedural techniques. Together with them, the results of non-procedural means involved in the process are applied. In a number of publications, the opinion is expressed that the verification of the reason for starting production is carried out taking into account the rules provided for in the 87th norm of the code, since the majority of employees recognize the admissibility of evidence at the stage of initiating proceedings.

Crime report

This concept is used by no means in one article (144, 145 of the Code of Criminal Procedure of the Russian Federation). What does a crime report mean? This term is used in norms in three meanings.

1. In parts 1 and 5 of rule 144 of the Code of Criminal Procedure of the Russian Federation, a crime report is considered not only an excuse to start proceedings, but also any other. The latter, in particular, include confession and a statement.
2. Part 2 of the 144th article indicates only a certain kind of message about an impending or already committed unlawful act received from various sources. In accordance with rule 143, a report is drawn up on the identification of signs of a crime.
3. Part Four of Art. 144 calls the report of the crime a statement - an excuse to start proceedings in the case provided for in Art. 140 and 141.

Additionally

An examination using criminal procedure means may be carried out regarding any reason for initiating criminal proceedings. The term of this procedure is calculated from the moment of the first receipt of the relevant information about the forthcoming, committed or committed crime to the body of inquiry, a member or the head of the investigation team, the prosecutor and other authorized persons indicated above. In this case, the message must contain signs of the objective part of the corpus delicti, having procedural significance.

Limits of competence

What else is said in Article 144 (145) of the Code of Criminal Procedure of the Russian Federation? It indicates that the authorized bodies accept the message, check it and make a procedural decision. The limits of competence imply restrictions not only on the right to initiate proceedings, but also on the possibility of conducting a preliminary audit. So, article 144 (145) of the Code of Criminal Procedure does not allow these measures to be taken by persons not authorized to start criminal proceedings.

Solutions

Activities provided for by Art. 144, 145 of the Code of Criminal Procedure of the Russian Federation are carried out in a specific order. So, according to the results of the preliminary audit, the head of the investigating authority, the interrogating officer or other authorized person shall carry out one of the following actions:

1. Refuses to initiate proceedings.
2. Transmits a message under jurisdiction in accordance with 151 of the code, and on statements of a private prosecution - to the court.
3. Excites production.

The authorized person shall inform the applicant of the decision to be taken. At the same time, the right to appeal and the dispute procedure itself should be explained to the latter. Within the meaning of the rules 144, 145 of the Code of Criminal Procedure, if a decision is made to transfer materials under jurisdiction or to the court, authorized persons must ensure that traces of the crime are preserved.