The preliminary investigation begins after the reporting of the crime and the start of the investigation. The terms of the preliminary investigation are regulated by federal law and are extended in accordance with state standards.
Regulatory framework
The final step in an investigation by a law enforcement agency is to issue a decision. The code of criminal procedure under the name of the Code of Criminal Procedure (Code of Criminal Procedure) is the basis for the application of this rule. It is imperative that the latest changes to the code be taken into account so as not to make an erroneous decision.
Bodies authorized to use Art. 158 Code of Criminal Procedure
The decision is authorized by law enforcement agencies. So, the inquiry officer or investigator makes a decision in accordance with Art. 158 Code of Criminal Procedure on the completion of an investigation by issuing a decision. The act is signed by the head of the inquiry or the investigating authority. The investigator or the inquiry officer is not authorized to sign such a document.
All criminal cases are first sent to the prosecutor to verify the legality and validity of decisions taken by authorized officials.
Termination of a criminal case: grounds and procedure
The completion of the criminal case (UD) is as follows: a decision is made without notifying the court and conducting the judicial stage. So, if in the course of the investigation revealed grounds that impede the further investigation, or the investigation is approaching the end, the above measure is applied.
In accordance with article 212 of the criminal federal law of Russia, the act takes effect if circumstances are found that do not allow further investigation and if the authorized person removed the guilt from the suspect by proving his innocence, as well as if there were reasons to free the person from engaging in responsibility by obtaining the consent of the supervisor.
Preliminary investigation stages
Preliminary investigation - this is the activity of the authorities aimed at investigating the circumstances of the incident.
The first step is a statement of a crime and registration in KUSP or KRSP (book of accounting for crimes). After that, in accordance with the law, a period of three days is established for a decision to be made by the authority that registered the case by making a decision on the refusal of the Wood, the Wood, or on the extension of the investigation. They can extend up to 10 days and up to 30, depending on the circumstances. For example, if the examination takes time to conduct it.
After wood, the inquiry is given 1 month, and the investigating authority - 2 to investigate the crime. These deadlines can also be extended. The terms of inquiry are extended with the permission of the prosecutor's office, the terms of the investigation - by the head of the department or a higher authority.
Dates in accordance with Art. 158 Code of Criminal Procedure
The termination of the investigation and other actions based on the expiration of the limitation period takes place during the investigation. So, for crimes of minor gravity the statute of limitations is 2 years, moderate - 6 years, serious - 10 years, and for especially serious crimes - 15 years. It is possible to resume production by DD if new and newly discovered circumstances are established. Dates begin to be counted from the day the crime was committed.
Time periods may vary depending on the circumstances. So, for example, the fact of the resumption of the investigation takes place. This situation is regulated by federal procedural legislation.
Resumption of the preliminary investigation
Renewal refers to the continuation of an investigation by an investigator or interrogating officer (Article 158 of the Code of Criminal Procedure of the Russian Federation) for UD. The case can be resumed if the reasons for canceling the investigation have disappeared, as well as if the investigative actions do not require the presence of the suspect.
The initiation, suspension, termination and resumption of a criminal case is necessarily supervised by the prosecution authorities. Within three days, the assistant prosecutor must make a decision on the legality and validity of the act adopted by law enforcement officers.
If the case has passed all the instances, and the prosecutor has approved the indictment, the court is considering. However, he may return the case on the basis of Article 237 of the Code of Criminal Procedure in connection with a poor-quality investigation or inattentive drafting of an indictment. In this case, the stage of the preliminary investigation is resumed, the prosecutor prepares documents for the transfer of the case file to the inquiry or investigation with an exact indication of the actions that must be performed by law enforcement agencies. Such a measure quite significantly affects the work of officials of the procedural state system.
Extracts from Part 1 of Art. 158 of the Criminal Code
The issuance of a decision to terminate the preliminary investigation is carried out in the case when the preliminary investigation is mandatory in the criminal case (as opposed to the inquiry) and in other cases provided for in Sec. 32 of the Code of Criminal Procedure of the Russian Federation.
Art. 158 of the Code of Criminal Procedure of the Russian Federation with comments states that upon termination of the criminal case the materials are not transferred to the court and are not considered in this instance. The criminal case is placed in the archives of the law enforcement body and stored there until the expiration of the term.
Extracts from Art. 158 of the Criminal Code of Part 2
If during the investigation of the criminal case the authorized person (law enforcement officer) establishes the circumstances that contributed to the commission of the wrongful act by the guilty, the representative of the authorities is obliged in accordance with federal law to submit a submission that forces the organization or official to counteract the violation of the law and prevent subsequent violations (158 of the Code of Criminal Procedure of the Russian Federation 2).
Lawyer at the stage of completion of the preliminary investigation
After the stage of the preliminary investigation, the criminal case is submitted to court. The office registers incoming correspondence and passes it to the judge’s office. The case study determines the date of the hearing and notifies the parties of the meeting at the court. Failure to appear is the basis for the adjournment of the hearing.
The defense counsel takes part in the court session and takes an active role in substantiating the evidence and debates of the parties.
So, in the criminal process, the presence of a defender of the accused (suspect) is necessary, so in the course of a complex process a citizen will not be able to defend his own interests. In accordance with the Code of Criminal Procedure of the Russian Federation (Article 51), a citizen who is suspected of having committed a criminal offense is provided with a free lawyer. However, a person has the right to refuse such assistance and to hire another lawyer after twenty-four hours. The defender has the right to familiarize himself with the materials, make copies and personally meet with the client an unlimited number of times at any time of the day. A person who is a suspect or accused can fully trust the defense counsel.
In addition, the legal adviser has the right to appeal a court decision and represent interests in appeal, cassation and supervisory proceedings.
Lawyers work in different structures, such as the chamber, cabinet and others. You can get help at any legal law firm specializing in the above cases. It is best to conclude a contract with a lawyer who has experience. The effectiveness of such a lawyer will be at its best, and the resolution of the case will please the customer.