Inquiry is a procedure that takes place onattitude to judicial processes, which include administrative, civil and other cases. It is the collection of information about the case under consideration or the search for evidence on any fact. The procedure is carried out by the appropriate authorities.
In particular, the investigation is conducted by investigatorsfrom such structures as the State Fire Service, the customs authorities, the Federal Security Service, the Bailiff Service, the Russian State Drug Control Service, the institutions and bodies of the penitentiary system of the Ministry of Justice and others.
A separate category of criminal cases requires assistancesuch structures as the bodies of inquiry, represented in the person of investigators of the prosecutor's office. In particular, this applies to crimes committed by officials, lawyers, prosecutors, persons working in public office.
Let's sum up.The bodies of inquiry are special structures and officials who have the legal authority to conduct an inquiry procedure. In exceptional cases, this prerogative can be granted to captains of river and sea vessels, heads of diplomatic missions and so on.
The bodies of inquiry solve the following tasks:
- more complete, accurate and quick disclosure of offenses;
- finding the guilty persons;
- ensuring justice - all offenders must be punished with the appropriate crime, and criminal prosecution must be removed from the innocent.
The bodies of inquiry have the authority to perform two types of procedural actions:
- Urgent investigation procedures.In particular, it is inspection, examination, seizure, interrogation, search and much more. Such measures are taken only in respect of those criminal cases in which a preliminary investigation is mandatory.
- The inquiry, which is made in criminal cases,which are instituted against specific individuals. In another way this type of cases is called obvious crimes. This includes only minor and minor offenses. Criminal cases involving other crimes of this category involve an inquiry conducted only at the direction of the prosecutor.
The bodies of preliminary investigation presupposethe necessary actions by investigators of the federal security service, the prosecutor's office, the internal affairs bodies of the Russian Federation, in special cases - the chiefs of the investigative departments of the prosecutor's office. The cases in which it is necessary to conduct an investigation are recorded in Article 150 of the Code of Criminal Procedure.
The bodies of preliminary investigation presuppose the activity of preliminary investigation and inquiry regulated by law. They are designed to solve the following problems:
- prompt disclosure of offenses and crimes;
- ensuring the correct interpretation of the law and strict adherence to it;
- the rapid finding of guilty persons;
- ensuring justice: all offenders must be punished, and the innocent should be freed from criminal responsibility;
- the amount and nature of the damage caused by the committed crime;
- securing, if necessary, civil action or confiscation of property;
- Identification of the causes of the crime and the conditions that contributed to its commission.
Preliminary investigation is an autonomous stage in the conduct of a criminal case. It precedes the trial and follows after the initiation of the case.
All actions of the bodies in question are strictly regulated by law. Specificity of activities of employees of the structures of inquiry and investigation depends on each case.
