Combine criminal cases for the convenience of the preliminary investigation. Association may be subject to 2, 3 or more cases. In addition, the court actively upholds the position regarding this procedure and even has the right to refer the case to an additional investigation if it sees the need to join the cases.
Art. 153 "Connection of criminal cases"
An official has the right to combine them in cases where:
- two or more citizens are involved in the commission of an unlawful act or acts;
- one citizen has committed several crimes;
- some episodes were hidden.
Criminal cases instituted on the fact (that is, without identifying a person) can also be combined if the same handwriting of the offender is seen. For example, labeled bills or other traces inherent in this particular person were left at the crime scene.
The decision to combine criminal cases is taken by the investigator or the interrogating officer. The head of the investigating authority or the prosecutor has the right to approve the decision. The procedure is carried out by signing a decision on combining criminal cases.
Connection order
The person entitled to certify the decision on combining criminal cases is the head of the investigating authority (hereinafter - the JI) or the prosecutor, in the event of an investigation by the inquiry officer. The head of the JI performs a procedural action in case of a positive outcome after the prosecutor has studied the case.
Based on Art. 153 of the Code of Criminal Procedure of the Russian Federation, an act is formed that includes the following elements:
- indication of the date and city of the decision;
- information about the authorized person who issued the decision (surname, name and patronymic, state authority, rank);
- information on the deed;
- list of procedural actions taken;
- grounds for combining criminal cases with reference to the law.
If you incorrectly indicate any element of the decision, the prosecutor has the right to cancel it or send it for revision within the time period established by law.
The document is signed by the head of the investigative body or inquiry. The investigation can independently make this decision, which distinguishes it from the inquiry. The prosecutor's office has great authority in relation to interrogators, therefore, approval of the decision on combining criminal cases is made with the permission of the prosecutor.
Terms of investigation
The combination of criminal cases entails the establishment of a period for its investigation. Install it by choosing the longest term.
For example: a criminal case under Art. 228 No. 948594 is investigated for 15 days, and case No. 958477 is investigated for 1.5 months. Thus, it is believed that the new criminal case has an investigation period of one and a half months.
Criminal Cases That Don't Connect
In accordance with Art. 153 Code of Criminal Procedure of the Russian Federation, terminated criminal cases, as well as suspended ones, are not subject to association.
In addition, you can not connect cases that do not have common compositions or events.
Art. 153 Code of Criminal Procedure with comments
The above norm is not fully disclosed and requires answers to many questions.
It is possible to combine criminal cases if the person who committed the crime is accused in one piece and is listed as a victim in another.
In addition, joining matters is not necessary. An authorized person first establishes all the facts of the deed, and then a decision is made. Only those cases are subject to connection, the investigation of which will be mutually easier and faster than individually.
The basis of the connection may not be the persons participating in the case.
If episodes of the same case are investigated by different authorities, the prosecutor has the right to make a decision on combining criminal cases and transferring them under jurisdiction.
To establish the timing of the preliminary investigation of the joint cases, the execution of a special act is not required.
Nuances
In accordance with the second part of Article 153 of the Code of Criminal Procedure, materials drawn up after the fact, but having information about the persons involved, can be combined. Evidence may be substances, objects, audio and video recordings, the method of committing a crime. For example, if a citizen leaves the same old coins at the crime scene.
Counterclaims (this rule applies only to private prosecution) can serve as a kind of combining materials in one case.
Limitations
The grounds that are absent in Article 153 of the Code of Criminal Procedure of the Russian Federation are not applicable to the merger procedure. For example, cases with similar consequences are not combined if the crime was committed by several persons through negligence. If intent and conspiracy are not proven, no connection is made.
Discontinued and suspended materials are not involved in such a procedure. You can connect only cases that are in production.
In the event that other persons involved in the commission of the crime are identified, a criminal case is first brought against them, and subsequently criminal cases are connected.
To do this, it is necessary to prove the involvement of one person in several crimes or several persons in one.
Combination of criminal cases by court
In addition to the investigator, the interrogating officer and the prosecutor, the court is also involved in the consolidation of cases. However, the judiciary does not do this on its own. To make such a decision, a petition is required. If there are circumstances that are prescribed by law, but there will be no statement by the person participating in the case, the court is not entitled to perform a unifying action.
In order to satisfy the above request, a preliminary hearing is required. As a result, the judge makes a decision, which indicates the grounds for combining cases.
Thus, a decision to join can be made only at the stage of the preliminary hearing (the sole consideration of the application by the judge in a closed session form).
The decision includes:
- place and time;
- name of court;
- F.I.O. judges;
- grounds for making a decision.
It must be reasonable, legal and motivated. The act is executed in writing, copies are sent to interested parties by registered letters.
The decision contains three parts: introductory, descriptive and resolutive.
The first of them consists of the name of the court, information about the judge who is considering the criminal case, and the indictment. This also includes information on persons accused of crimes. The introductory part contains the norms of the Criminal Code of the Russian Federation, according to which criminal prosecution is carried out.
The second, narrative, includes the goals of combining materials, as well as the foundation. As already mentioned, they must be legal and justified.
The final (resolutive) part, in addition to information about the perpetrators, contains the court number, which is assigned by the court. The trial and investigation numbers of criminal cases are usually different.
Dates of affairs are also connected. For example, if the first criminal case with the number 753874 went to court on May 18, 2018, the second on June 9, 2018, and the third on April 15, 2018, the combined material will be assigned a separate number and the deadline will begin to be deducted from April 15, 2018.
Thus, the calculation of terms is made from the earliest receipt of material in the court. The date of receipt is stamped in the incoming journals, which are maintained by the chief experts in the judicial offices. Art. 153 of the Code of Criminal Procedure does not describe the rights of judges, however, the practice described above is often applied.