Reasons and grounds for instituting criminal proceedings. Checking the grounds for instituting criminal proceedings

Reasons and grounds for initiating a criminal case are determined by law. The beginning of the investigation stage is tied to the time when the crime report is received or the authorized bodies detect its signs in the act of the subject. This can be both oral and written statements of citizens and officials. However, before commencing an investigation, all received communications should be thoroughly examined. This is necessary to establish the reliability of information, to prevent perjury. Let's consider in detail the grounds and procedure for initiating a criminal case.

Terminology

In legal literature, the reasons and grounds for initiating a criminal case are determined in different ways. Most of the specialists understand the sources of information about the crime under them. Some proceduralists additionally refer to the grounds for initiating criminal proceedings by facts or actual and legal prerequisites for the commencement of proceedings. There is one more opinion. A number of experts consider the grounds for initiating a criminal case by the facts of receipt (detection, acceptance, receipt) by competent bodies of inquiry, investigators, prosecutors of information about the crime.

Appeals of the population

Any person has the right to send a message to the police department about the crime (both preparing and perfect). For example, a subject can file an application for fraud in the police. The sample of such treatment does not have any legislatively approved form. However, it must contain mandatory requisites. In particular, this is the name of the structure to which the message is sent, as well as the applicant's data. Appeal must be signed by the person who drafted it.

Protocol

It receives messages received not in writing. For example, a subject submits an oral statement of fraud to the police. The sample protocol shall be filled in accordance with the requirements of Art. 110 CCP. The protocol consists of an introductory, descriptive and concluding parts. In the first section, you must specify:

1. Time and place of receipt of the message.
2. Name, position of employee who accepted the appeal. At the same time, the ATS officer refers to Art. 110 CCP.
3. Key details of the applicant. In particular, his name, date and place of birth, education, occupation, criminal record, contact details for communication are indicated.

The official is obliged to explain to the applicant under the signature the responsibility for providing knowingly false information. It is stipulated art. 306. The descriptive part contains the essence of the message. When information about a crime is received, the ATS officer must find out all the data that will be relevant for the subsequent motion of the application. In this case, the circumstances established by Art. 68 CCP. Detailed clarification of information that is essential for further procedural actions not only substantially facilitates the subsequent investigation, but also prevents the repeated call of the applicant. In the final part, data on the subject's familiarization with the protocol in person or through representatives, the correctness of records, as well as the absence or presence of remarks to the content should be reflected. The document must be signed by the ATS officer who compiled it, and by the person whose words the information was written.

Involving the public

The grounds for initiating a criminal case are the communication of the trade union organization, the representative of the people's squad for the protection of order and other non-governmental organizations. In this case, one of the forms of involving the public in the fight against crime is being implemented. At the same time, it is necessary to understand the differences between this reason for initiating a criminal case and messages from random groups of subjects. In the latter case, ATS officers deal with so-called collective complaints. A number of experts, analyzing paragraph 2 of Part 1 of Art. 108 CCP, notes one dubious point, which contains this article. The grounds for instituting criminal proceedings will be lawful only if they are received from organizations registered with the Ministry of Justice. In this connection, according to experts, this reservation should be included in the norm.

Appeals of organizations, institutions, officials

They act as grounds for instituting criminal proceedings on condition that they are submitted in writing. The message must contain obligatory requisites and maximum complete information about the crime. Governmental regulations and departmental acts set the obligation for heads of organizations and enterprises to report on the facts of unlawful acts. For example, medical institutions should immediately send an application for the delivery of citizens with bodily injuries to them, assuming that they were obtained violently.

Publications in print

They also act as grounds for instituting criminal proceedings. Publication refers to the placement in regional, central or local printed publications, made by printing and other similar methods, notes, letters, other materials containing information about the crime. Authors of publications can be any physical persons, including those who are on civil service. The grounds for initiating the criminal case are also the posted material collected during the investigative journalism. From the meaning of these provisions it follows that only those notes that are published in registered publications are subject to review.

An Important Moment

When instituting a criminal case under an article or a note posted in a printed publication, it is necessary to take into account a number of nuances. To make the communication procedural, the investigator, whose authority includes the discovery of the circumstances of the crime, mentioned in the publication, should proceed as follows. He cuts out the note itself, as well as the name and number of the publication, information about the editorial staff. All this is pasted onto a piece of paper and signed by an authorized employee.

Voluntary conscription

The subject who has committed unlawful acts may report this personally to authorized officers of the ATS. That is, he himself declares his actions. This circumstance distinguishes this message from the appeals of persons, which speak about illegal acts of other subjects. Turnout with confession must be made in accordance with the provisions of Art. 111 CCP. An authorized employee who receives a message from a subject about the commission of a crime must establish his identity on the documents presented to them. In addition, all circumstances are clarified, according to which the subject decided to apply to the police department. The official must identify all the facts of the action being prepared or already committed with the maximum detail. If necessary, the applicant may be invited to draw plans or schemes. When receiving such messages, in all cases it is necessary to find out the motives. It should be said that the subject is not warned about the responsibility for false witnessing (Article 306 of the Criminal Code of the Russian Federation.) The grounds for initiating a criminal case are recorded in the protocol. Its registration is carried out according to the same rules that are provided for the recording of oral appeals.

Detection of signs of acts by officials

The investigator, the investigator or the prosecutor can independently identify the data indicating the crime in the course of the exercise of their powers, regardless of someone else's messages. Detection of the facts of unlawful acts can occur in the conduct of general and special supervision, during the investigation, while carrying out operational-search activities. Here it should be taken into account that the signs of crimes do not mean their criminal characteristics, but real traces, materials, data indicating the commission of an act.

Specificity

The list of grounds established in the legislation is considered closed. This means that no other sources of data can justify the initiation of an investigation. Accordingly, anonymous appeals, messages in which the author is not indicated or which are composed on behalf of fictitious subjects or persons who exist realistically but did not write them, do not have procedural force. Meanwhile, if verification is confirmed their reliability, then the basis for the commencement of production will be the direct detection of the facts of the wrongful act. It is on the rule of law that the public activities of ATS officers are based.

Sufficiency of data

At the same time, none of the above reasons automatically leads to the initiation of a case. This is due to the fact that the materials received should contain enough data indicating the signs of a crime. This position is fixed art. 108 CCP. Sufficient data are a combination of traces revealed by procedural or operational-search means, which testify to certain components of the crime. Most often, they point to the object and the objective part, less often - to the subjective.

Uncertainty of information

If the employee who received the message can not take a procedural decision regarding commencement of proceedings or refusal to do so, he should take advantage of the provisions of Art. 109 CCP. In accordance with this rule, the grounds for initiating criminal proceedings are checked. Its purpose is to identify reliable facts that indicate the signs of a crime. All necessary measures must be completed, therefore, immediately after the discovery of the relevant information (traces). The check should not last more than three days from the moment the message is received. In exceptional cases, its duration can be increased to 10 days.

Methods used

Verification of reports on the presence in them of grounds for initiating an investigation is carried out by:

1. Requiring the necessary materials in the form of documents and items.
2. Receiving explanations.
3. Inspection of the place where the crime was allegedly committed.
4. Production of inventories, audits and other documentary checks.
5. Implementation of operational-search activities.
6. Implementation of control measurements, procurement, etc.

Restrictions

The provisions of the norms categorically prohibit any kind of investigative action before the case is initiated (that is, within the framework of the audit). Such a prescription allows you to keep the line between the procedural stages. As an exception to this requirement, only an inspection of the place where the crime was allegedly committed or the preparation for it was made. In legal journals the opinion is expressed that some investigative actions can be considered admissible before the initiation of the case, if they are carried out directly to verify the information that has been received. So, for example, practitioners are focused on the possibility of detaining a suspect before the investigation begins. Consideration is also considered admissible for identification, forensic examination and a number of other measures. Meanwhile, these assumptions contradict the legislation in force in Russia. Moreover, they do not correspond to the moral foundations of life and activity of a democratic society and the functioning of a state with a legal system. The admission of the production of certain investigative measures prior to the commencement of the investigation will mean the possibility of applying coercive procedural measures, restricting rights and infringing the interests of the subjects, although it is not known whether the crime was committed. If these assumptions are implemented, there may be an unreasonable expansion of the powers of ATS officers to use repressive methods.

Adoption of the procedural decision

Verification of the received message should show either the presence or absence of grounds for initiating the case. In both cases a corresponding decision is made. In the first case, it serves as the basis for attracting the subject as a suspect, as well as applying procedural measures (arrest, etc.) to him. The decision to refuse to initiate an investigation must be motivated. It is necessary to say that the law provides for the possibility of the subjects to appeal these documents.

Conclusion

Thus, only the reason, which is directly provided for in the Criminal Procedure Code, can serve as the basis for initiating a case under the Criminal Code. No other messages can be equated to them. Employees accepting applications must register and register them. In the case of verbal treatment of the subject, a protocol is drawn up. In this case, each message must be tested. As a rule, it is carried out in all cases, except for the detection of signs of a crime directly by ATS officers or prosecutors. Check is limited in time. In this regard, employees who perform it, should as quickly as possible, but carefully investigate all the information they have. However, the law does not allow the implementation of investigative actions, except for the inspection of the alleged scene of the incident. In the performance of their duties, ATS officers must comply with the rules of law, both constitutional and procedural.