Investigators are investigating a criminal case. In addition to them, investigators can also do this - these are officials who are authorized to conduct investigative actions. But the powers of the interrogators and investigators differ, so it is necessary to find out what rights the employees of the bodies of inquiry have.
Who are the interrogators?
Investigators, like investigators, have the right to conduct investigative actions during the investigation of a criminal case. But when carried out in the form of an inquiry, the procedure for attracting a suspect as an accused is usually not followed. At the end of the investigation, an indictment is drawn up.
Inquirers have the right:
- check, as well as view reports of crimes committed and in preparation;
- make decisions after viewing reports of various crimes.
In addition to rights, interrogators have certain responsibilities:
- carry out activities on the principles of criminal proceedings;
- apply coercive measures that are permitted by law;
- act in accordance with the instructions of the head of the body of inquiry and the prosecutor;
- exercise other powers provided for by law.
Who is authorized to conduct the inquiry:
- internal affairs bodies ;
- Customs officers;
- bodies of state drug control;
- Border guard officers.
The status of the inquirer is acquired either by position or upon the assignment of the appropriate powers by the head of the body of inquiry.
Permissions and directions of the prosecutor
Investigators are officials who must obtain permission from a prosecutor to carry out certain actions necessary for an investigation. The instructions of the head of the body of inquiry or the prosecutor must be carried out without fail, even if the interrogating officer does not agree that they are necessary for the case. He has the right to appeal the instructions, but must bear in mind that this does not suspend their implementation until a decision is made.
What is the difference between investigators and interrogators?
Investigators are employees of the bodies of inquiry who are authorized to conduct investigative actions in the investigation of a criminal case. They cannot independently initiate it and refuse to comply with the instructions of the prosecutor. Investigators are involved in more complex criminal cases. They can also give investigators written instructions regarding operational-search measures, which must be carried out without fail. Investigators have more rights and powers, and also investigate criminal cases with a more complex corpus delicti.
The procedural independence of the investigator is much greater than that of the inquirer, since the latter depends on all decisions of the head of the body of inquiry and the prosecutor, because he is obliged to execute them regardless of his opinion.
The interrogator is responsible for his actions and decisions in the same way as the investigator.
Pre-trial investigation
Before the trial, a preliminary investigation is being conducted - an inquiry. In the internal affairs bodies, criminal cases may be in a shortened form of inquiry. This means that upon completion of the investigation, an indictment will be drawn up.
Interrogators are subtle psychologists who have the skills and knowledge to conduct pre-trial investigation. They must conduct investigative actions that will help the criminal case, in the form of an inquiry.
The activities of the bodies of inquiry
They conduct a preliminary investigation, investigative actions, ensure the correct application of the law, and also help to quickly solve the crime. This is not an easy task, which the employees of the inquiry bodies must complete as correctly as possible.
Investigators do not have the right to order the prosecution of a suspect as an accused. They can support the state prosecution, which was conducted in the form of an inquiry. It should be noted that the interrogating officer cannot refuse to comply with the instructions of the prosecutor, but has the right to appeal to a higher prosecutor. It is also important that he does not have the right to appeal the decision that the prosecutor made in the case.
Any police department includes an inquiry department that conducts a pre-trial investigation. They interact with each other, as a result of which the work becomes much more efficient. The police and inquiry department is governed by the Constitution of the Russian Federation, the rules of law, treaties, laws, and acts.
An inquirer is an employee of the bodies of inquiry. He conducts a pre-trial investigation in accordance with the law. His activities are similar to those of the investigator, but they are more limited. The interrogator is responsible for all his decisions and actions, so he must work legally and fulfill all duties.