Indictment: a sample. Confirmation of the indictment by the prosecutor

According to statistics, in Russia more than 2 million crimes are committed annually, and almost all of them are subject to preliminary investigation.

During the investigation, all circumstances must be established and evidence collected. At the end of the procedure, the investigator forms an indictment or act.

What are they different? The indictment and the indictment are two forms of one result. The conclusion is created in the event that the accused committed a serious crime, because the materials of the criminal case are with the investigator, the act - if an unsubtle crime is committed and the investigator is engaged in the case.

After the preliminary investigation is completed, the case materials with the accusative document are sent to the prosecutor, who decides on the transfer of materials to the court.

Preliminary investigation

During the preliminary investigation, the investigator gathers evidence, clarifies the circumstances of the crime and forms the results of the materials in aggregate.

The preparation of the indictment is the prerogative of the investigative bodies. This document should include all the data specified by law (Article 220 of the Code of Criminal Procedure). Without these data, the indictment is deemed to be unformed. Preliminary investigation should be carried out without procedural violations. The materials of the criminal case that are formed in the process must be carefully studied by both the prosecutor and the defense counsel, as well as the accused himself. In addition, victims may have access to the materials.

In its totality, the materials of the criminal case are procedural documents, the forms and requirements to which are fixed in the legislation under Article 474 of the Code of Criminal Procedure. Acquaintance with materials is made only after the preliminary investigation.

The terms and order of familiarization are defined in Article 217 of the Code of Criminal Procedure. At the same time, applications can be made concerning evidence and the application of procedural rules. Petitions are examined by the investigator, who can reject or satisfy the applications of the persons participating in the case.

Sending materials to the prosecutor

After the initial procedural documents are ready, the investigator signs the accusative document and sends it to the prosecutor for approval. The public prosecutor is obliged to examine all the materials of the case and examine them within 5 days.

It is recommended to start the investigation of the materials with an indictment, but some experts believe that in the conclusion most often the investigator expresses his own point of view on the crime in terms of the guilt or innocence of the accused. Thus, the opinion of the investigator can affect the decision not only of the prosecutor, but also of other officials involved in the case.

A copy of the indictment must necessarily be sent to the accused, otherwise there is a violation of the procedural code. In the event that the conclusion can not be obtained for any circumstances by the accused, the prosecutor makes a note in the materials with a mandatory indication of the reasons.

Contents of the indictment

The indictment document is studied in the process of acquaintance with the case materials and is the first stage in the study. The preparation of an indictment requires the inclusion of the following information:

• FULL NAME. The accused.
• Data on personality - a brief description.
• The content of the charge: the place, time, purposes and motives for the commission of the crime, as well as circumstances relevant to the case.
• Formulated accusation with the application of articles of the Criminal Code of the Russian Federation.
• List of evidence supporting the prosecution.
• Mitigating or aggravating circumstances.
• Data on the victim, including the nature and amount of harm caused to him as a result of the crime.
• Information about the plaintiff or the defendant (civilian direction).

First of all, it is necessary to pay attention to how the indictment is drawn up, the pattern of which is fixed in Article 220 of the Code of Criminal Procedure.

Since the indictment is the document from which the acquaintance with the case begins, it must necessarily refer to the sheets and volumes of the criminal case. This is necessary so that, if necessary, the student can refer to the appropriate sheet and examine the information in more detail.

The concept of proof

In connection with the fact that the indictment contains a list of material and other evidence, it is necessary to consider in more detail what exactly relates to the evidence.

Under Article 73 of the Code of Criminal Procedure of the Russian Federation, evidence in a criminal case can be considered:

• The suspect's testimony.
• Indications of the victim.
• Protocols of investigative measures.
• The expert's conclusions.
• Conclusion of a specialist.
• Evidence.

Indications

Evidence must be obtained legally. Illegally obtained evidence is inadmissible, therefore, in such a complex process as criminal proceedings are not considered. There are also certain rules for obtaining evidence as one of the evidence.

In particular, it is prohibited to conduct an inquiry if the suspect is in a state of any intoxication, has a serious illness that prevents him from adequately giving evidence, and also is mentally ill or a citizen of a foreign state and does not know the Russian language. In addition, it can not be considered proof of the testimony of minors, when interrogated by a number there is no educator, guardian or one of the parents, etc.

The data on whether the order of interrogation is observed is entered into the indictment. A sample of the interrogation protocol and the form rules are defined in articles 174 and 190 of the Code of Criminal Procedure of the Russian Federation.

Expert's conclusions

The experts entering into the evidence must be registered in accordance with Article 204 of the Code of Criminal Procedure. A specialist who conducts the necessary research, it is worth remembering that deliberately false imprisonment is punishable.

The expert in the conducted research has no right to collect documents or missing information independently. When examining documents, it is necessary to check which expert has been examined. It should be an independent expert who is not interested in the results of the research. The results are entered in the usual manner in the indictment. The sample of the expert's conclusion in the original is attached to the case materials.

Circumstances in the indictment

Aggravating or mitigating circumstances in the indictment duplicate the list of those in the case materials. According to articles 61 and 63 of the Code of Criminal Procedure, circumstances are taken into account in the appointment of punishment, which can be either reduced or increased, in contrast to the standard one.

So, for example, mitigating circumstance is the fact of committing a crime of small gravity for the first time, taking into account which the real or conditional term can be appointed below the lower limit.

The final procedure

The confirmation of the indictment by the prosecutor presupposes the transfer of materials to the court. Before approval, the prosecutor has the right to make changes in the document or carry out other actions, according to Article 222 of the Code of Criminal Procedure, including stopping the criminal case and prosecution. In addition, if the prosecutor marks violations or shortcomings, he has the right to send the materials back to the investigator. In this case, a copy of the indictment in a new format should also be sent to the accused.

Changes in the indictment, for which the prosecutor has the right to enter, are as follows:

• The essence of the charge, the qualification of the crime.
• Changing the measure of restraint or its cancellation, except for house arrest and detention (this measure may be changed by the court).
• Addition or reduction of the list of persons who may be summoned to court (other than defense witnesses).

After approval of the conclusion by the prosecutor, the materials are sent to the court. At this stage, all petitions and petitions are not submitted to the investigator, but to the judge.

In the event that there is a separation of the case into a separate proceeding or a combination of cases, an indictment is also drawn up. The sample document does not change under the circumstances.

reference

In conjunction with the indictment, a statement of the results of the investigation should be compiled. Since the indictment contains the data a priori, the certificate should contain exactly the results of the work done.

It contains exactly reference data on the criminal case:

• Terms of the investigation.
• Preventive measure.
• Procedural costs.
• Availability of civil suits and security measures.

Information on the results of the investigation, unlike other materials, is available only to the public prosecutor.

Selecting and joining cases

Criminal proceedings know cases when during the preliminary investigation of one case there is a need to separate materials into a separate proceeding for another criminal case. This is due to the fact that an investigation reveals a crime that is not related to the accused and the act committed by him. Accordingly, in this case, at the end of each proceeding, an indictment is drawn up in the criminal case.

The connection of cases involves the presence of several materials on different cases, which are combined according to one or more of the following criteria:

• The commission of one crime by several persons;
• The commission of acts related to each other by different persons;
• Crimes committed by one person or group of persons.

When concluding cases, one conclusion is drawn up, in which all the circumstances, persons and other categories are indicated on the basis of the materials of the combined criminal cases.