LawCriminal law

Order and term of inquiry

The term of inquiry and its procedure are of particular importance in the investigation of crimes. These positions are stipulated by law and define the framework that allows you to establish the truth as quickly and accurately as possible. That is why these issues are given so close attention.

What is an Inquiry

This type of activity is currently defined as an independent form of preliminary investigation carried out by the relevant officials, namely investigators. This is the most accurate and concise definition of the concept of inquiry, which, in turn, is also subdivided into certain types.

It is of fundamental importance to see the differences between this activity as a form of investigation and a preliminary investigation. Significant difference - the subjects of the actions. In the first case, they are investigators, officers of the bodies of inquiry, and in the second - investigators, and differentiate their respective powers.

Goals and objectives

The main tasks of the inquiry are those that are envisaged in the criminal process itself, namely, the initiation of a case, the prompt disclosure of a crime, the bringing of a charge, the criminal prosecution, the examination of materials in court, and the release of responsibility are all important aspects of law enforcement.

If we talk about the goals of this activity, they are obvious and stem from the very essence of the inquiry. Any actions of employees of these bodies, as well as investigative bodies, are aimed at achieving the lowest level of crime, and also, if possible, preventing its further development.

In addition, one must always remember that tasks and goals are interrelated. From the exact and rapid fulfillment of the first, the achievement of the second depends, this, in turn, creates a coherent system of combating crime and the conditions for its prevention. To do this, quite often, to be more precise, almost always the bodies of inquiry and investigation unite their efforts and cooperate with each other.

Bodies conducting the inquiry

The system of law enforcement agencies in the Russian Federation is very extensive. It includes a huge number of structures and substructures. However, it is always necessary to distinguish between these bodies, which can be done by examining the authorities and activities.

The Code of Criminal Procedure of the Russian Federation fixes a list reflecting all those structures that are entitled to carry out an inquiry and have a number of powers necessary for this. These include internal affairs agencies, state fire safety authorities , the Federal Service of Service Bailiffs and the chiefs of military police. The list is exhaustive, as the law fixes.

Also, in some cases, influence may be exerted on this activity, for example, the prosecutor prolonged the term of the inquiry, and the investigation was not stopped. In addition, the Code of Criminal Procedure of the Russian Federation fixes exceptions, in which case other bodies, besides those listed, may initiate criminal proceedings or carry out urgent investigative measures.

Authorities of investigators

To achieve certain goals and solve problems, the bodies of inquiry are given certain powers, which are also fixed in the Code of Criminal Procedure of the Russian Federation. They imply the existence of a right to perform certain actions. The list of them is not exhaustive, and allows for a wider range of actions of investigators, which does not restrict their work in any way.

So, the powers of the bodies of inquiry can be attributed to the following: the initiation of criminal proceedings, the conduct of urgent investigative measures, if the case requires, conducting inquiries, including those cases where a preliminary investigation is not necessary, as well as a number of other actions that are established by law. This reservation explains that here the list is not at all exhaustive.

Types of Inquiry

The selection of several forms of inquiry is carried out depending on the need for preliminary investigation. It is practically impossible to meet other classifications, they are not affected by the term of the inquiry or its order. So, the basic and always applicable division is two forms, namely - an inquiry with an obligatory preliminary investigation and an inquiry, where it is optional.

This approach is applied depending on the nature of the cases. Some of them do not require the intervention of investigative bodies, therefore, there is no need to involve them, which greatly simplifies the work of the investigators, leaving everything solely under their control. The second option is the absolute opposite. Examples are cases where urgent investigative actions are necessary .

Term of Inquiry

For the precise implementation of this activity, it is necessary to observe a number of rules and restrictions that are established by law, otherwise there is a risk not to come to the necessary result. Article 223 of the Code of Criminal Procedure fixes the main of such moments, and this is the deadline. The criminal process pays most attention to this issue, which determines the time periods that are significant for the case.

The activity of the bodies of inquiry is carried out within thirty days from the moment the criminal case was opened. Of course, there is an opportunity to extend it to two months, and even up to six. However, all this must be done only on the basis of the prosecutor's decision, the investigators do not have any independence in this matter.

The maximum period of inquiry, according to the rules of the criminal procedure law, is twelve months, although there were other cases that passed beyond this figure. However, in order to extend the investigation for such a considerable period of time, the consent of the prosecutor, confirmed by the decision, is also necessary.

Order

The activities of the bodies of inquiry are much more limited than the consequences. Questions about the commission of any procedural or investigative actions of employees of these structures are carried out under the supervision of the head or even the prosecutor, which sometimes takes a lot of time.

It is possible to suspend or resume the inquiry, if the case so requires. However, the employee of the bodies himself can not take such decisions independently. The meaning of the foregoing is that the investigators have a number of powers and can freely implement them within the limits established by law, but while strictly observing certain boundaries.

The most important thing in observing the right order is the period of inquiry, which was mentioned above. His violation can lead to the fact that all actions of employees will be meaningless and lose their validity in the process of establishing the truth. That is why the order and timing of the inquiry are very important interrelated elements.

Meaning of Inquiry

The whole point of this form of investigation is three very important points, fully reflecting it. They define the whole essence of inquiry as an important element of all law enforcement activity, from a theoretical point of view. Although many scholars argue about this, it is still possible to identify the main thing that will help to fully appreciate the significance of this activity.

So, the first important aspect is the inevitability of punishment or responsibility. This is important, since the truth is comprehended by obtaining reliable and confirmed facts. The second is the emergence of a new participant, namely, the accused, which is important for the process as a whole. And the third and last aspect is the formation of documents for the court in the process of inquiry, which is also very important.

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