To detect and consolidate evidence in the case, investigative steps are taken. The CPC establishes the procedure for their implementation, documentation of results, and timelines. The Code also establishes the rights and obligations of participants. Let us further consider the rules for the production of investigative actions .
Base
As required by Art. 164 of the Code of Criminal Procedure (as amended ), the procedural measures provided for by norms 178 (part 3), 182-183 and 179 of the Code are carried out in accordance with the decree of the employee in charge of the case. In the cases stipulated by clauses 11-12, 4-9 12 of part 29 of the article, the court decision shall be taken as the basis.
Legal requirements
As establishes part three of Art. 164 Code of Criminal Procedure, procedural measures cannot be carried out at night. An exception is provided only for those that do not require urgency. Initial investigative actions, as well as the entire work of authorized persons, should be carried out only within the framework of the law. In this regard, procedural measures should not be accompanied by violence, threats, or the use of other unlawful measures, including those creating a danger to participants.
Preparatory stage
As art. 164 of the Code of Criminal Procedure, when attracting people to procedural measures, an authorized employee must verify their identity, explain to them their rights and responsibilities, and also describe (in brief) the course of a procedure. The number of participants in the criminal process, as a rule, is quite extensive. These include, in particular, witnesses, a victim, a translator, specialists, experts. All specified persons, according to Art. 164 of the Code of Criminal Procedure of the Russian Federation, must be warned about the liability stipulated by the norms of Art. 307 and 308 of the Criminal Code.
Additionally
As indicated in the CPC, investigative actions can be carried out using technical means and methods of detecting, seizing, fixing traces and material evidence. Prior to the start of the event, an authorized employee must warn participants about their use. Employee, according to Art. 164 of the Code of Criminal Procedure of the Russian Federation , may involve an official of a structure engaged in operational investigative work in the procedure. This should be noted in the protocol, which is conducted during the event. The results of investigative actions are recorded in the same act.
Procedure structure
Considering Art. 164 of the Code of Criminal Procedure with the comments of lawyers, it can be noted that experts pay attention to the peculiarity of the procedural event conducted by the investigator. It can be divided into several stages:
- search;
- fixing;
- certifying.
Moreover, the goals set should be achieved with strict observance and ensuring the rights and interests of the participants in the process. The initial stage involves the identification of specific individuals involved in the production of an action. As mentioned above, duties and rights are explained to them, they are notified of the use of technical means. Depending on the status of the entities, they are warned about the consequences of violating the requirements of the law. The substantive stage of the action includes the conduct of search activities. In addition, information that was discovered is consolidated. The end of investigative actions is associated with fixing information in the protocol. Participants can familiarize themselves with the document, express their objections. If the subjects have doubts about certain facts reflected in the protocol, an appropriate note is made in it.
Specificity
All permissible types of investigative actions are fixed by law. Law enforcement officers, therefore, cannot carry out activities not provided for in the standards. Investigative actions must be distinguished from other procedures provided for by procedural legislation. First of all, the measures under consideration are aimed at obtaining information on facts that are subject to further proof. Each circumstance is confirmed / refuted in the prescribed manner. The law establishes the rules by which the investigator can obtain this or that evidence. However, each action involves the implementation of specific procedures. They provide the required evidence, a reflection of the process and the outcome of the event in the protocol. This document must be signed by all participants in the procedural event.
Classification
The law provides for such types of investigative actions as:
- confrontation;
- interrogation;
- checking the testimony of a person on the spot;
- identification;
- investigative experiment;
- appointment and execution of expertise;
- search;
- survey;
- excavation;
- monitoring, recording conversations;
- receiving information about subscriber connections or between subscriber devices.
Some procedural measures have common features with the above activities. At the same time, some of them are security, preliminary. For example, seizure of postal (telegraphic) correspondence, receipt of samples for comparative analysis, exhumation of a corpse, and so on.
Principles for the implementation of activities
The general rules for investigative actions reflect the content of the requirements of the law. They imply humanism of norms, act as provisions that are distributed, as a rule, to all events provided for by the Code. The meaning of the rules is determined, in fact, by the very essence of the investigative actions that are carried out, during which evidence is identified and fixed. They apply to different aspects of the process and apply to all persons involved in it.
Important points
The decision to carry out the investigative action is taken by the investigator. Moreover, the law does not require its presentation in any separate document. But when carrying out actions that substantially affect the interests and rights of organizations and individuals, the investigator must make an appropriate decision. This document, for example, is necessary when making decisions on the exhumation of a corpse, a search, examination, seizure. Paragraphs 11-12, 4-9 of Article 29 of the Code stipulate cases when the basis for the performance of investigative actions is a court decision. At the same time, lawyers note that the indicated norm does not list all the events for which such a resolution is necessary. For example, the exhumation of the body is not indicated in the absence of consent from relatives. Experts also note that the reference to the provisions of article 29 significantly expands the concept of "investigative action". In fact, according to lawyers, this instruction allows us to identify it with a procedural action carried out as part of a preliminary investigation. This, according to experts, is not entirely consistent with the title of article 164.
Limitations
As indicated in this article, the implementation of activities is not allowed at night. Investigative actions can be carried out from 6.00 to 22.00 (local time). At the same time, one reservation is normal. The law allows actions at night if the investigator has reasonable fears that the evidence in the case may be irretrievably lost, hidden or that the person suspected of the act will be hidden. That is, we are talking about cases indicating the need for immediate implementation of measures. The grounds for such investigative actions are necessarily reflected in the resolution. If its removal is not required, then the corresponding entry is made in the minutes.
Direct bans
In the course of investigative actions, the use of physical or mental violence, threats, other unlawful measures, creating a danger to the health / life of participants or other persons is not allowed. The Criminal Code establishes liability for illegal actions by law enforcement officials. In particular, penalties are provided for forcing citizens to testify. This is not only about witnesses, suspects, victims. Pressure on the expert, blackmail, the use of violent methods, torture, bullying, etc., are not allowed.
Interim Measures
In the production of an investigative action, various subjects of legal proceedings on the part of both the prosecution and the defense may be involved. In addition, an authorized employee may attract an employee of a structure engaged in operational-search work. In the course of each investigative action, the investigator must implement interim measures against the participants. Confirming their identities, the employee lists and explains to them the contents of their duties and rights, warns individuals about responsibility under articles 307 and 308 of the Criminal Code. The protocol should include the signature of each participant stating that everything was explained to them.
Technical means
Currently, they are increasingly used in the production of investigative actions. Modern technical tools allow you to quickly and reliably record the information received. The legislation does not determine the list of devices that an investigator can use. Accordingly, the technical means can be very different. Their main purpose is to detect, record and seize traces, as well as material evidence. All technical means, of course, must comply with safety requirements, allow objectively, without any distortion, to fix the information received, discovered during the event. Legislation requires prior notification of participants in an investigative action about the use of special equipment or devices.
Conclusion
Investigative actions occupy one of the key places in the work of law enforcement officials. These procedural measures are aimed at restoring the picture of the event. The investigator must perform all actions subject to the principles of legality and validity. Excess of authority and use of illegal measures is not allowed. In the course of his work, the investigator / interrogator is obliged to ensure the implementation of the rights of the participants in the proceedings, to stop unlawful actions of persons that impede an objective investigation. In the arsenal of the employee there are enough procedural means for this. Of course, applying them, he also should not forget about the need to follow the letter of the law.