Art.152 Code of Criminal Procedure regulates the issue of the place of the preliminary investigation. The standard establishes prescriptions regarding the procedure itself, as well as the timing of its production, features of the transfer of the case and other capabilities of the authorized person.
Part 1 of Art. 152 Code of Criminal Procedure
Preliminary investigation is being performed onthe place where the act was committed, which contains evidence of a crime. Exceptions are cases provided for in this article. P. 1 of Art. 152 of the Code of Criminal Procedure permits investigative / investigative measures elsewhere. At the same time, these actions can be carried out both by an authorized person in person and by other employees on his behalf. The latter must be implemented within ten days.
Different locations of the act
В ст. 152 ч.2 of the RF Code of Criminal Procedure, it was established that if the beginning of the act was at one address, and the completion was at another address, a preliminary investigation is carried out at the last one. If the crimes were in different places, then the decision to investigate is taken by the supervisor. Investigative and investigative measures are carried out in such cases at the address of the commission of the most serious act or most of the unlawful acts.
Place of residence of subjects
Art. 152 h.4 of the Code of Criminal Procedure provides for the possibility of carrying out investigative actions at the address of the defendant or most of the witnesses. In this way, the objectives of the actions taken are provided by authorized persons. P. 4 of Art. 152 Code of Criminal Procedure defines them as follows:
- Completeness of the investigation.
- Objectivity of events.
- Compliance with the procedural deadline.
Referral
Investigator / investigator after establishing the factthat this crime is unreasonable to him, performs urgent actions. After that, the authorized person transfers the case to the next employee. In particular, the investigator sends the materials to the head of the department, the inquiry officer to the prosecutor. Higher-ranking persons, in turn, pass the materials under investigation. In part 6 of Art. 152 of the Code of Criminal Procedure of the Russian Federation, in accordance with a reasoned decision of the head of the higher investigation body, the case may be sent to carry out preliminary activities to a higher division. In this case, the prosecutor must be notified in writing.
Art. 152 Code of Criminal Procedure with comments
This article formulates the rules forterritorial identity. With this term it is legitimate to designate directly the venue of the preliminary events. This is confirmed by a direct reference to this definition in Art. 152 Code of Criminal Procedure. In accordance with the general rule, a preliminary investigation is conducted where the crime has been completed. It does not matter where the consequences of the action occur.
Crime termination site
This place is determined by the territory thatIt belongs to the jurisdiction of the investigating body, where the last action related to the objective corpus delicti has been made. It is also the area where behavioral acts were to be accomplished with inaction. For example, the offender from the scene 1 shot at the victim, who was on the spot 2. Despite the fact that the corpse will be in the second area, a preliminary investigation should be carried out on the first one.
Distribution of territories
Определение пределов участков между одноименными investigative bodies carried out by departmental legal acts. This takes into account the administrative-territorial division. In the initial stages of preliminary activities, the investigation is determined approximately. The beginning of the investigation is carried out in the area where the criminal proceedings were instituted or where the case was directed by the head of the unit / prosecutor. To establish the jurisdiction of another body, the rules provided for in the fifth paragraph of Art. 152 Code of Criminal Procedure.
Actions outside the investigation site
For their implementation in art. 152 Code of Criminal Procedure (with comments) provides two ways:
- Departure of the authorized person to another territory.
- Direction to another area of the order.
Выбор способа осуществляется самим следователем so that the exclusion of his exceptional procedural possibilities (powers) does not occur. A commission is a definite exception to the principle of immediacy. In this regard, its limits must have limitations. Otherwise, the institution of jurisdiction will lose its meaning, since in such a situation everything can be entrusted to other bodies. In these cases, you must be guided by Art. 151, 152 Code of Criminal Procedure.
Commission
The investigator should personally carry out procedural actions if:
- It is necessary to hold a large number of events.
- Procedural actions relate to the assessment of evidence in the aggregate, that is, the decision that determines the direction of the investigation.
In other cases, the assignment is allowed.holding events to other officials. It is made in writing. It contains an order for the production of investigative or procedural actions relating to the case under study. The Code provides 2 types of instructions to the body of inquiry:
- According to the place of investigation.
- Outside the investigation site.
In the latter case, the assignment can be sent both to the body of inquiry, and the investigator.
Specificity
When entrusting the implementation of procedural measures, it is necessary to consider a number of points:
1. On the contractor applies the procedure of challenge.
2The rights of participants to be present when the assignment is executed must be ensured. For example, if an event is carried out at the request of the victim, suspect, accused, lawyer, civil plaintiff, then they are entitled to participate in it. In this case, the defense counsel must be notified of actions taken against the suspect. Violation of this rule entails the inadmissibility of evidence obtained during the activities performed.
3. In addition to investigative activities (aimed at gathering evidence), other procedural actions are allowed. These include:
- familiarization of persons with the decisions on recognizing them as participants in the criminal process and explaining to them their duties and rights;
- enforcement of coercive measures (drive, removal of a turnout obligation, seizure of property, detention);
- ensuring measures to identify and eliminate the circumstances that contributed to the crime.
additional information
Order on the production of operational orsearch activities provided for in Art. 152 Code of Criminal Procedure, may be carried out in order to identify the perpetrator or the address of his location, determine the property to be arrested or sources of evidence. Operational units choose specific methods and means for executing prescriptions on their own. The established ten-day period may be extended or changed by the guarantor. The procedural measures are carried out within the time of the preliminary investigation. Investigative actions can also be carried out in a suspended case. This provision is fixed in Article 210 of the Code.
Apps
A separate assignment may be accompanied by copies.investigative documents. These include, in particular, the protocols of examinations, interrogations, etc. Documents should relate to the circumstances to be established. If the order concerns the imposition of an arrest on correspondence and its seizures, a court ruling is required. According to art. 152 of the Code of Criminal Procedure of the Russian Federation, the contractor may conduct additional activities that are inextricably linked with those specified in the prescription received. If the order concerns the search, the detention of the suspect, the seizure, then it is necessary to attach to it the relevant decisions (the prosecutor's search warrant, for example).
Urgent action
They are held before the investigatorHe forwards the case to the prosecutor for transmission further under investigation. Under the urgent should be understood any measures, the delay in the implementation of which may lead to loss of evidence. The deadline and the list of such investigative actions, established for the bodies of inquiry, for the investigator has an orienting character. The list and time limits are formulated in Art. 157 of the Code.
Coercive procedural measures
The question of which body is territorialpermission should be issued for them in the execution of orders, the law is not resolved. When the decision is taken without the participation of the suspect / accused, it seems appropriate to obtain a decision from the court at the place of the investigation. In many cases in the courtroom during the direct consideration of the case it is necessary to ensure the presence of the subject of the crime. In such situations, permission to use coercive measures in the execution of the order is issued by the court at the place of the procedural action. This provision is enshrined in Art. 108, part 4 of the Code.
