The totality of certain signs of the perfectan act that allows you to determine which body the crime will be investigated, is called an investigation. The Criminal Procedure Code reveals its essence in Article 151, which clearly states that atrocities are disclosed by procedural persons within their competence.
Symptoms
In order to find out which body will beTo investigate the committed act, it is necessary to identify the relevant signs of the crime, after which it will be possible to determine the investigation. The Code of Criminal Procedure stipulates that, depending on the category of the case, its disclosure is entrusted to procedural persons.
The following are the characteristics for determining the jurisdiction:
- objective or tribal (the nature of the crime);
- territorial (depending on the place of commission of the act);
- personal (particular subject of crime);
- Alternative (by whom, that body is investigated).
Organs
The initiation and conduct of a case can be carried outinvestigator or investigator. In the event that the prosecutor gives a written instruction that the crime is investigated by an authority, then it is necessary to comply with its requirements, this is stated in Article 150 of the Code of Criminal Procedure. The jurisdiction of a case under such circumstances may be referred to an inquiry, which is carried out in the general procedure or in a reduced form.
Crimes of small and medium gravity canbe distributed among these state bodies. The conduct of the case by the inquirer is obligatory for all the atrocities that are specified in part three of Art. 150 of the Code of Criminal Procedure. In this case, the investigative authority is determined according to the patrimonial origin.
Example
The person has committed the theft of a cell phone, throughFor some time this person was detained by the police, a case was brought against him that fell under the jurisdiction of the investigating authorities, because this fact is indicated in Article 150 of the Code of Criminal Procedure.
Basic views
The competence of various bodies to disclose cases is called "investigation." The CPC distinguishes its following types:
- generic or subject - is determined by the composition of the act, the most serious crimes are subject to disclosure by the Investigation Committee, the FSB;
- territorial - is carried out at the place where the crime was committed;
- personal - depends on the subject who has put into practice his intentions;
- Alternative - allows you to investigate who discovered it.
Here it is necessary to note the fact that allThe criminal process and its management are completely dependent on those who implement it. Because the stage of preliminary investigation is one of the most important in all criminal proceedings, as it is at this time that all evidence is collected and witnesses are questioned that help to solve the crime more quickly.
Subject
In this case, the composition of the committed act andits severity can be determined by the investigation. Code of Criminal Procedure, art. 151, states that cases involving the deliberate deprivation of the life of another person, kidnapping, bringing to suicide, as well as related to the violation of the constitutional rights and freedoms of citizens, against the peace and security of all mankind are the responsibility of the officers of the Investigative Committee.
The FSB is engaged in the disclosure of atrocities thatare particularly serious and represent the greatest danger to society, for example: the organization of terrorist activities, illegal armed groups, the hijacking of air transport, the loss of documents containing secrets of the state.
The subject sign is determined and serviceactivity of FSKN employees when it comes to illegal trafficking in narcotic and psychotropic drugs. In addition, the generic jurisdiction of the Code of Criminal Procedure is of the greatest importance when it is necessary to classify an investigation into the conduct of a certain procedural person, for example, an investigator. They only deal with crimes of small gravity. Also to their competence on the basis of a tribe are those acts indicated by the investigative authority of the Code of Criminal Procedure of the Russian Federation, art. 150.
The district police department, as a rule, investigates atrocities that are serious and are provided for in article 151 of the Code of Criminal Procedure.
Personal
This jurisdiction relates to a specificthe subject who committed the atrocity. For example, crimes committed by members of the Ministry of Internal Affairs and the FSB will be disclosed by employees of the Investigation Committee. The same rule applies to other officials, such as judges and military personnel.
Legislative norms do not allow in somecases accurately determine the jurisdiction. The CCP also can not unequivocally resolve this issue. For example: the FSB investigator committed a crime that is stipulated in Art. 276 of the Code of Crimes, since special rules fix immunity for this person, the investigator of the Criminal Code of the Russian Federation will be in charge of this case.
Alternative or mixed
Depending on certain circumstancescommitted crime will be determined by his trial. The Code of Criminal Procedure of the Russian Federation says in this case that cases can be investigated by the state body that first received the report of the crime or revealed its commission. For example, acts related to drug trafficking can be disclosed both by investigators of the district police department and by FSKN officers.
Territorial
In this case, criminal cases must beare disclosed at the scene of the atrocity, which corresponds to Art. 152 of the Code of Criminal Procedure. In this case, investigative jurisdiction extends even to the bodies of inquiry. Therefore, in practice, there were often instances when operatives could move the corpse found elsewhere to be opened by a neighboring police department.
As a general rule, if the crime was startedin one place, and ended in the other, then in this case it should be investigated by the ATS units where it was completed, and its investigative capacity is determined. The Code of Criminal Procedure of the Russian Federation fixes this norm in art. 152.
In addition, there are someexceptions. They allow you to investigate the case at the location of the largest number of witnesses affected. This is possible only in the situation when the victim lives abroad and the atrocity was committed outside of Russia.
In this case, the issue of how the case will be disclosed and transferred to the investigative authorities allows the CCP of the RF to resolve the head of the investigative body or the prosecutor.
If it is necessary to carry out search activitiesoutside the place of detection of signs of a committed crime, the investigator may perform such actions independently or entrust it to another procedural person. This rule stipulates art. 152 CCP. The territorial jurisdiction is not violated, the same state body is engaged in the investigation of the case.
Violations
Set of signs of a complete crimeallows to entrust its disclosure to those state bodies that are authorized to do so by law. This rule is called "investigation". The Code of Criminal Procedure of the Russian Federation (Article 151) provides that the procedural person is responsible for the conduct of the case, whose competence includes the disclosure of the act, depending on the degree of its severity. That is why all the evidence that will be collected by an inadequate body, and accordingly with violation of the law, are unacceptable. They can not be the basis of sentencing by a court. The case is subject to termination, and all evidence must be destroyed.
Necessary actions
In the event that the procedural person has establishedthe fact that the conduct of a criminal case does not belong to its competence, the investigator must transfer it to the prosecutor, so that the latter renders a decision on his / her jurisdiction. In this case, disputes are unacceptable.
In addition, the prosecutor must distributecriminal cases so that each was assigned to the jurisdiction of a particular official. This rule applies only when several materials are combined in the same production, which have a different jurisdiction, Art. CPC 151 directly refers to this fact.
Sample Resolution
If the message received by the state bodyabout the committed criminal act is not within its competence, then it must be transferred in accordance with the jurisdiction for the production of appropriate procedural actions.
Sample
Resolution
on the transfer of the report of the committed crime to the competent authorities of __________ 00.00.00 year
The head of the body of inquiry, the lieutenant colonel of the police _______, having considered the received message from the citizen ________ about the act provided for by Part 1 of Art. 179 of the Code on Crimes,
Installed:
When checking the received message it was found out that this act is not subject to investigation by inquiry, therefore transfer of investigation is necessary. CCP provides for it in art. 151 CC.
On the basis of Art. 145 of the Code of Criminal Procedure
Decided:
Send the indicated message about the committed act to the investigation department.
Head of Inquiry Lieutenant-Colonel ______________________
Features
Preliminary investigation of the committedatrocities are authorized to be carried out by officials within the limits of the powers entrusted to them, as article 151 says, the jurisdiction of the Code of Criminal Procedure of the Russian Federation is determined depending on the totality of the signs and qualification of the deed.
In this case, there are some peculiarities that allow one government body to initiate an investigation, after which it can be transferred through the prosecutor to the conduct of others.
Example
Есть несколько преступных деяний, связанных с fires. So, for part 2 of Art. 167 of the Criminal Code, the Investigator of the GPN conducts all necessary actions after the initiation of the case, then transfers it with all materials to the prosecutor to determine his / her legacy, because in this case it must be disclosed by the procedural persons of the ATS. In the event that the investigator was present at the fire, it means that he has the right to immediately take this case to his production, and the GPN investigator will simply transfer to him all the materials he has produced.
CC of the Russian Federation and powers
All committed atrocities are in the competence of specific officials, so says Article 151 of the CPC. The jurisdiction of criminal cases is determined depending on the composition of the act and its severity.
The following types of atrocities are disclosed to officers of the Russian Federation Criminal Code:
- deliberate deprivation of a person's life;
- bringing to suicide;
- making counterfeit money;
- especially grave crimes against persons who are under 18 years of age, and also committed by such citizens;
- Sexual inviolability of women, men and children;
- employees of law enforcement agencies, courts, penal institutions, military personnel.
All these crimes, as well as those provided for in Art. 447 of the Criminal Procedure Code, enter into the jurisdiction of Art. (CCP RF) 151 and are assigned to the staff of the committee staff.
Bodies of Inquiry
In accordance with the Code of Criminal Procedure, the jurisdiction of criminal cases of small and medium gravity can be assigned to these procedural persons only with the written permission of the prosecutor.
The bodies of inquiry include:
- ATS;
- bailiffs;
- the state fire service;
- commanders and chiefs of the military unit.
Possess the following functions:
- To initiate criminal cases within the powers entrusted to them and to carry out the necessary search measures;
- To verify the received reports of crimes that are being prepared or have already been committed.
As a rule, the bodies of inquiry are engaged indisclosure of less serious crimes, mainly they are specified in art. 150 CCP. The investigation of criminal cases in this case is carried out by them within their competence and in agreement with the prosecutor's office.
Investigators from the bailiff serviceThey initiate criminal cases against those citizens who do not pay for loans taken from banks, and also do not fulfill their obligations for maintenance payments to their children. At the same time, at present practice shows that many of these debtors find themselves in the dock, after which they serve their sentence in places of deprivation of liberty or work out them without fail.
Investigators working in the fire department,investigate cases on various fires of houses, after which they transmit these materials to the prosecutor's office, and the latter determines which body will subsequently conduct search activities.
Forms
Legislatively there are only two.Inquest on cases where it is necessary to conduct procedural actions should be made only after the immediate notification of the prosecutor. After that all the necessary investigative measures are carried out: interrogation of the suspect, the victim, the seizure and search.
On those cases where pre-trialproduction, an indictment is drawn up and sent to the prosecutor for approval. Only the accused can be acquainted with the compiled materials.
FSB
Investigators of these bodies are engaged in cases,which violate the interests of the state and its security. Therefore, according to Art. 151 of the Code of Criminal Procedure, they investigate the following criminal acts:
- on the illegal export of raw materials, which goes beyond Russia;
- smuggling of funds;
- terrorist activities and all activities related to it;
- on the hijacking of rolling stock, air transport and ships;
- about the disclosure of state secrets.
Period of time
Terms for the implementation of the preliminarythe investigations are quite different. For the inquiry, it is only one month. At the same time, the investigation is conducted for two months. If there are sufficient grounds, these terms may be extended. In this case, it is necessary to draw up a resolution and send it to the prosecutor with the indication of valid reasons. As a rule, the time period for the end of the investigation is three months. It lasts for up to one year only if there are intricate circumstances of the atrocity and lack of sufficient evidence of the person's guilt.
Certain conditions
In the event that procedural persons do not havesufficient grounds for proving the guilt of the suspect in the offense, the investigation of the case must be completed on the relevant grounds of the Criminal Procedure Code. At the same time, the investigator and the investigator explain to the citizen the procedure for restoring his rights, which were violated because of unlawful prosecution. A person can apply to the court for compensation for moral damage.
Does not apply
None of the types of jurisdiction is appliedin the event that it is a question of an investigation of the case under the procedure of Article 10 of the Code of Criminal Procedure. At the same time, the bodies of inquiry and investigation are entitled to rule without a case. Also here it will not be decisive in what territory the crime took place.
Value
In most cases, the case in courtit would be impossible without conducting a preliminary investigation, since for insufficient evidence, a citizen can not be charged. In addition, a preliminary investigation can completely change the fate of a person if his guilt proves to be proven, or vice versa. It is also very important activity of the bodies of inquiry, in spite of the fact that it is carried out only for one month. The outcome of the whole case and even the verdict will depend on how thoroughly the preliminary, pre-trial investigation will be conducted. All conducted inquiries and investigations are recorded in the indictment and the act, after which they are sent for approval to the prosecutor's office.
The Court in its consideration of the merits examinesall submitted evidence obtained during the preliminary procedural actions, which, as a rule, are confirmation of the guilt of the accused.
Non-observance
In accordance with Art.151 CCP, officials are authorized to investigate and solve crimes within their competence. This leads to a more correct and quick result. In the event that these standards of jurisdiction are violated, evidence collected in the case will be declared invalid and unacceptable. In addition, the investigation of the atrocities can be stopped.
Example
A police officer committed an accident in which he diedpeople, law enforcement bodies took this case under their control, which significantly violated the norms of investigation. At the same time, the evidence gathered during the preliminary investigation was subsequently found to be unacceptable. The court did not accept them and stopped the case. At the same time, officials violated the rights of the victims. A police officer in this case is a person with a special status, he is a civil servant, and not a common citizen, and his case was to be dealt with by the investigative committee, not the local ATS.
The following example
When filing an appeal, the defense counsela citizen who was convicted under article 159 for fraud in especially large amounts, in substantiating the arguments, referred to the fact that the officials violated the rules for determining the investigation, and wanted the court to quash the verdict.
At the same time, the lawyer did not take into account the provisions of Article 151The Code of Criminal Procedure, which clearly states that the crime that can be discovered by the body that revealed its commission. Therefore, the defense's arguments were untenable.
Из приведенных примеров видно, что не все officials comply with the rules for determining the investigative status, which significantly violate the criminal law. This violates the rights of the citizens themselves, who are participants in the process. In order to comprehensively and fully study all the materials of the case, as well as to collect evidence, it is simply necessary to follow the rules of investigation. Because every state body has its own powers and competence.
If the atrocity was committed by a military man,prosecutor, judge, this case can be fully disclosed only by the investigators of the RF Committee. Because they are called to prevent the spread of crime among civil servants. Also, their competence includes the management of cases of particularly serious crimes, which were committed by persons under the age of majority.
