The criminal process is the institution of the case in accordance with the established Code of Criminal Procedure in the event of a criminal offense. Further, all available materials are documented, such a set of workflow is called legal proceedings. The initiation of a criminal case is a form of criminal proceedings. At this stage, authorized officials or public authorities, having learned about an upcoming or already committed criminal act, begin to establish the credibility of the information received. Only after that a decision is made to start or refuse to institute business.
The initiation of a criminal case is an integral and mandatory part of the criminal process, it always begins with the adoption of a complaint or statement, as indicated in Art. 108 Code of Criminal Procedure. Within three days (in rare cases more than 10 days), all circumstances should be checked, during which traces of the crime will be revealed. The law states that for each message received, a decision must be made.
The initiation of a criminal case under the Code of Criminal Procedure is a statutory response action by a prosecutor, court, investigator or inquiry body, which became aware of events containing signs of a crime. The decision on the initiation of the offense (Article 146, Part 2) shall indicate:
- Settlement (territorial location, country, city, etc.), date and time of removal.
- Who issued the decision (name, class rank, position or name of the body).
- The basis and reason for his excitement.
- Article number of the Criminal Code, part, paragraph, the signs of which are identified in the application for verification materials.
Based on this article, the correct decision on a preliminary investigation will be made . The sooner a criminal case starts, the more likely it is to solve the crime “in hot pursuit”. A belated investigation into the incoming signal can lead to serious consequences.
According to Art. 178, prior to the issuance of the decision, it is forbidden to conduct investigative actions, not counting those that are urgent. This is due to the fact that after the signing of the act initiating the proceedings on individuals participating in criminal proceedings, SCP measures will be applied, which significantly limits freedom and constitutional human rights. Citizens are required to undergo surveys, interrogations, searches, seizures and other measures. Such coercive measures are permissible in the event that all the signs of the committed act are clearly established and the offense is instituted against the offender.
Who has the right to initiate a w / d?
Such rights are vested in the bodies of inquiry, the prosecutor, judge and investigator in accordance with the articles of the Code of Criminal Procedure No. 3, 112, 109, 255 and 256. No one else has such powers. The person who will be involved in the investigation must first make a decision to initiate a case and take it to his proceedings. The initiation of a criminal case may not begin if the officials have no reason (Article 113 para. 1).
The decision is also issued on the refusal, which indicates the motivated justification, i.e. The document should describe specific data that clearly substantiate such a conclusion. The person who made this decision is obliged to verbally explain to all interested citizens that they have the right to appeal. The order of justification for initiating cases should be monitored by prosecutorial supervision (Article 116).
The duties of the prosecutor include: supervision of the unreasonableness of the refusal or initiation of the c / d, compliance with the procedure and timing for the consideration of complaints received. Therefore, the law requires that a copy of it be sent to the prosecutor within 24 hours after signing the decision. In case of discrepancy, he has the right to cancel the decision already made by the investigator or the inquiry body. The procedure for instituting criminal proceedings must be strictly followed.