The decision to prosecute as an accused: a sample of filling

When a crime is discovered, the investigator or the investigator must determine the person who is eligible for all the criteria for the commission of the act. The law defines the procedure for detaining a citizen who is considered a suspect.

In addition, a person must know what he is accused of, and there must also be a documentary legal confirmation of this. In connection with this procedure, a special resolution is drawn up on bringing in as a defendant.

Sample filling: general

First of all, the execution of the resolution requires a firm conviction that it was this particular citizen who could commit the crime. It is impossible to attract the first person under the law.

An investigator or an investigator can fill out a form without the involvement of a suspect, since this is an internal document that explains the reasons why a person can be charged.

The decision can be filled in the course of the investigation and finalized after preliminary clarification of the facts relevant to the crime.

At the end of each formed document, a list of rights is added, which can be explained to the accused verbally or read to them in the resolution.

According to Article 171 of the Code of Criminal Procedure of the Russian Federation (legal rules for attracting), the resolution should include the following:

1. Date, place of filling.

2. Name and title (position) of the originator.

3. Complete data of the accused (name, place and date of birth).

4. A full description of the act, answering the questions: where, when and how the crime was committed, as well as other circumstances that, in accordance with clauses (1) 1-4 of Article 73, are to be proved.

5. Actually, the decision - the decision to bring in as an accused.

The sample form (blank) on the photo is the base one, since in each specific case the drawing up of the document has its own nuances. Differences will consist only in the general and final part of the document.

If a citizen is involved in several counts, parts or articles of the code, it is necessary to list in detail the acts attributable to a person, at each rate.

In the case where the crime is one, but there are several criminals, a decision is made to bring as an accused, a sample of which is considered, to each participant of the act.

Murder

The decision is drawn up already based on the results of the whole investigation, when there is irrefutable and sufficient evidence of the culpability of the citizen based on the results of the investigative measures.

In the case of a simple murder under Article 105 of the Criminal Code, it is necessary to prove, on the basis of testimony and possible fingerprints, the involvement of a suspect in the commission of a crime.

If the murder was associated with any special circumstances, for example, the dismemberment of a corpse or an act that was committed with particular cruelty, then in the first case the collection of evidence must occur together with the finding of parts of the corpse; In the second case - evidence that would testify to a brutal murder.

It is better to fill out the document in the course of the investigation, and in case of murder - without stating the dates, so that in the end a full, well-thought-out and verified decision on bringing in as the accused is obtained.

Sample (murder, associated with another crime) can be found below in the article.

Theft

The form of the document from crime to crime does not change, but the content itself is different. There are special forms of such documents that one and the same content can not be transferred from one resolution to another. Especially, when it is necessary to issue several decisions regarding the crime, where the participants are several persons.

In the event that there was a theft, you can use as an example the decision to hire as an accused (sample), which is placed above.

Features

It can be noted that replacing several words turns the totality of crimes into one only theft. Also, special attention should be paid to the words, without which everything written by the investigator or investigator will be interpreted by the prosecutor or the judge, as well as by the defender as a story that does not indicate the commission of the act.

For example, if you take the decision to hire as an accused (a sample of "Theft") and write that Ivanov A.V. Came up, took the money and left, the lawyer of the accused will pay close attention to this. The prosecution will no longer be able to refer to the text of the resolution, as it is incorrectly drafted. Very often the most difficult to prove crimes broke down due to the inattention of the investigator or investigator.

If the resolution does not include such words as "having self-serving intent", "for the purpose of causing grave harm" (for example) or "wanting an offensive negative for the injured consequences," etc., any act can be brought to naught, in that Number and murder.

Robbery

In the case of armed robbery, it is also necessary to take into account not only the correct wording of the text, which will contain the decision to call as the accused (the sample). The robbery is connected with the use of weapons or with the threat of its use, as well as with causing harm to health, so the investigator also needs to be extremely precise at filling.

If we again consider the previous sample with theft and replace a few words, not counting the article number, then we get a resolution on the involvement in the robbery.

Here you can see that the nature of the attack and the intent of the guilty also matter in this crime.

Features

If the decision to hire as an accused (the sample posted above) contained a message that Ivanov had brought out a knife-like object, but verbally did not express any threat and at the same time took the money himself from the cash register, this crime could be qualified as robbery. The disadvantage of writing, if the investigator forgot to add or did not attach meaning to the verbal threats, could reduce the possible term of imprisonment of the criminal who committed the robbery by half.