Recently, there has been a tendency in the field of executive power towards openness and openness of the process, which is why any citizen can be aware of the investigation of a criminal case. In order to not only be interested in news from the media, but also to understand the essence of what is happening, it is worth reading this article. With it, you can understand what a preliminary investigation is, and how it is implemented, and, most importantly, by whom.
General characteristics of the preliminary investigation and its form
A preliminary investigation is an essential pre-trial part of a specific case. At this stage, police officers search for evidence base, conduct research on found objects and objects. No less important is not only the finding of objects of the material world, but also the procedural consolidation of all stages and significant actions. At the stage of judicial review, the court can easily navigate the case and track the activities of the previous instance. Based on the foregoing, we can conclude the significance and importance of such a component of the criminal process. The law provides for two types of investigation, this inquiry in both general and abbreviated form, as well as the investigation. In turn, the latter is not divided into parts and is not classified, but has general provisions and production rules, which are reflected in the procedural law.
The concept of preliminary investigation
The preliminary investigation is an independent stage of the criminal process, which provides for the active work of investigators. We draw attention to the fact that the interrogator cannot implement such work. In addition to the investigator, prosecutors, employees of the federal security service or tax inspectors can carry out the investigation. The work begins to be carried out from the moment the criminal case is opened by the investigator immediately after the transfer of the specific case under his jurisdiction. In the event that the investigator accepts a criminal case, he shall issue a decision on initiation, in which information about the investigator is indicated. The preliminary investigation in the criminal process is the longest type of investigation in terms of time. This leads to the complexity, multisubjectivity, multidimensionality and confusion of crimes. Teams, as a rule, have several facilities and performers, which requires high literacy and qualification of the investigator or other official who is authorized to do so.
The principles of the preliminary investigation
Like any activity of the authorities, the preliminary investigation in the criminal process is based on specific principles, ideas and provisions.
- Publicity implies openness and transparency, thanks to which, without violating the rights of participants, every citizen can be aware of the investigation.
- Legality means the implementation of all actions of participants in accordance with the provisions of the procedural and other laws.
- Justice includes respect for the proportionality and clarity of the actions taken.
- Humanity focuses on the fact that human rights and interests are a priority, and therefore it is necessary to focus primarily on them, without making violations.
- The confidentiality of the preliminary investigation is the principle of the criminal process, which relates to industry and significant. Employees and other participants must observe the confidentiality of the investigation.
The principles are the main ideas and provisions on the basis of which employees work and investigate a particular case. Moreover, a violation of one of the principles may lead to the recognition of evidence as unacceptable, which means that the prosecution will be upset and it will not be possible to prove it.
Permanent Investigators
- As we understood from the definition, the main participant in the investigation is an official. As a rule, this is an investigator of the internal affairs bodies, it is in his production that the bulk of criminal cases are located.
- In addition to the investigator, the participant is the suspect and his counsel. The latter can be appointed by the state independently, or be hired by the personal funds of the former.
- In addition, there is a victim who has been harmed, a representative can act together with him, his presence is described in detail in the procedural law.
- The public prosecutor is the prosecutor, who also studies the case and represents the interests of the victim and the whole of society, the state as a whole.
Additional participants involved in exceptional cases
- If one of the participants does not speak Russian or does not understand it, then a translator is involved.
- For reliability, if there is no proper technical support or the ability to use equipment, witnesses are involved who observe the production of certain actions.
- If necessary, an expert or specialist who has special knowledge in various fields of science and technology is involved in participation. At the same time, they can give direction in further work or confirm the guesses of employees who simply do not have such knowledge.
As we noted, the participants in the criminal process at the stage of the preliminary investigation are completely different people who take the side of the prosecution, the defense, or have nothing to do with either one or the other.
Investigator's work: gathering and researching evidence
The stages of the preliminary investigation in the criminal process are theoretically absent, but in practice, employees delimit some components. We consider each of them, characterizing them briefly and clearly.
- The beginning is characterized, as we noted above, by the issuance of an investigator's decision to institute or accept a criminal case. From this moment on, the case is formally considered to be initiated, which means that from that time the time periods specified in the procedural law are calculated. This stage is considered very important and significant, because right now the case is being investigated.
- Directly the preliminary investigation itself, during which the investigator or other official is actively working and record all the circumstances of the case. Here, witnesses, the victim and the suspect, if any, are questioned and interrogated, and the scene of the incident is also studied. It is worth noting that any action is accompanied by the compilation of procedural special documents, which are further investigated in court. If necessary, experts are involved. Seized items are sent for research to the laboratory, if necessary, an experiment is conducted, a confrontation or other investigative actions.
The final stage of the work of the investigator
- Then, when the investigator understands that the entire amount of evidence has been collected and the suspect's guilt can be considered proven, the employee prepares documents and draws up an indictment, which details the circumstances of the case and justifies the guilty or innocence of the suspect. It is at this stage that the criminal case can go to the prosecutor for further transfer to the court, and go to the prosecutor in order to dismiss the case.
- Examination of the indictment by the prosecutor and investigation of the case file. If there are no errors, the charge is formulated correctly, then the case is referred to court. If there are any flaws, then it is returned back to the investigator with all the comments and instructions.
We informally determined the stages of such an important amount of work as the preliminary investigation in the criminal process. We repeat that they are not fixed by law, they are needed only to understand the logic and structure of the investigator’s actions.
The end of the investigation and the form of its consolidation
As noted earlier, the forms of completion of the preliminary investigation in criminal proceedings can be polar - the termination of the case or its further progress.
As a result of the investigation, the investigator may conclude that there is no corpus delicti in the actions of the person, or that the evidence collected is insufficient to initiate a criminal case. In this case, the employee makes a decision to terminate the criminal case and transfers it to the prosecutor, then in the future the case is not promoted to court.
If the guilt is nevertheless justified, there is a corpus delicti, a person suspected of committing a crime is found, then an indictment is issued. It is also sent to the prosecutor and, in the event of a positive decision, is sent to the court, where the verdict is passed.
Preliminary investigation control and supervision
An important area of work of the prosecutor is the implementation of control and supervision of the work of the investigator. It is important to note that unlike the interrogator, who has a boss, and then comes the prosecutor, the investigator reports directly to the prosecutor. Supervisory proceedings in the preliminary investigation of the criminal process is to verify the legality and validity of decisions. Also, prosecutors have the responsibility to quickly and accurately respond to all complaints of citizens and other employees, conduct inspections and additional investigations. Such activity is very important, because it guarantees compliance with the law and the approximation of the work of the executive sphere to citizens.
The legal significance of the investigation
It is simply impossible to underestimate the significance of the preliminary investigation in criminal proceedings, because this is almost its essence and an important component. Thanks to such work, it is possible to orient the court and other participants in the case, to form an idea of the circumstances and corpus delicti. In addition, the maximum number of participants is involved in this stage of criminal proceedings, because there is not only a collection, but also an assessment of evidence.