The terms of the preliminary investigation and the procedure for their extension

The next stage after the initiation of a criminal case is a preliminary investigation. This procedure is aimed at pre-trial preparation of materials. Let us further consider the forms and timing of the preliminary investigation.

general characteristics

A preliminary investigation is necessary to identify all the circumstances of the case and collect evidence. The main objectives of the procedure are:

1. Disclosure of the crime.
2. The exposure of the perpetrators or their rehabilitation.
3. Formation of sufficient evidence for trial in court.
4. Ensuring the personal participation of the suspect in the hearing.
5. Guarantee of a possible decision on compensation for damage that arose in connection with the crime.

The forms and terms of the preliminary investigation are established in the legislation, depending on the specific category of the act.

Key Objectives

To achieve the set goals, the following activities are carried out:

1. Search, collection and study of evidence. Preliminary investigation is aimed at establishing the circumstances listed in Art. 73 of the Code of Criminal Procedure.
2. Identification and bringing to justice of the subject, in respect of which sufficient materials have been collected for bringing charges against him.
3. Ensuring the realization of the rights of suspects / defendants for protection.
4. Use of coercive measures (if necessary).
5. Referral of materials to court or termination of proceedings.

In addition, a preliminary investigation reveals:

1. The reasons and conditions that contributed to the commission of the act.
2. Signs of other crimes that are not related to the main.

Content

During the preliminary investigation, various activities are carried out, decisions are made aimed at achieving the goals and implementation of the tasks outlined above. The content of this phase also includes the interaction of the participants in the proceedings and state bodies, in which the rights of the parties are realized.

Suspects / accused, victims, their representatives have the right to submit motions and complaints. Authorized bodies, in turn, are obliged to consider them and take appropriate decisions on them. Preliminary investigation is not conducted with private prosecution. In this case, the burden of proving the guilt of the suspect lies with the victim (his representative).

The nature of the acts for which the proceedings are ordered under private prosecution rules presuppose that the subject already has sufficient information to formulate a position in the court. In this regard, the application for initiating the proceedings is submitted directly to this instance. This rule is fixed in Art. 318 part 1 of the Code of Criminal Procedure.

Main directions

Preliminary investigation can be conducted in the form of inquiry or investigation. The first is a simplified version of the procedure. It is carried out by the investigator or the investigator in the case for which the performance of the preliminary investigation is considered optional. This provision is fixed art. 5, item 8 of the Code of Criminal Procedure. Inquiry provides a faster preparation of materials on crimes that have a small social danger. Preliminary investigation is carried out for acts not specified in Art. 150, part 3 of the Code of Criminal Procedure. It provides maximum guarantees for the realization of the rights of the actors involved in the process, as well as the establishment of truth.

Heredity

It is determined in accordance with Art. 151 CCP. Place, the terms of the preliminary investigation are stipulated in art. 152. If it is necessary to carry out certain actions in another territory, the employee can implement them independently or instruct them to the employees of the relevant body. The latter are obliged to commit them within 10 days. If the act was initiated at one address, and completed - on another, a preliminary investigation is conducted at the last place.

One subject may be suspected of various crimes. All of them can be made to different addresses. In this case, the place where the preliminary investigation will be conducted is determined by the head of the unit leading the production. As a rule, activities are carried out in the territory where most of the acts were committed or the most serious of them.

Activities can be carried out at the address of the accused or the majority of witnesses. In this case, the investigation of the circumstances will be more complete and objective, and also the procedural terms of the preliminary investigation will be observed. The employee, having established that the crime does not belong to his jurisdiction, performs urgent actions and passes the materials to the head of the department. The inquirer is obliged in this case to send the case to the prosecutor.

Joining of materials

Usually for each act is a separate production. Legislation, however, allows the joining of several proceedings into one. Often experts resort to this opportunity to shorten the time of the preliminary investigation. The connection is allowed in relation to:

1. One subject who is accused of concealing a particularly serious crime.
2. Several suspects who committed one or more crimes in complicity.
3. One person, passing through several acts.

These cases are cited in Art. 153 of the Code of Criminal Procedure. Connection of materials is allowed if there are reasons to believe that several crimes were committed by one citizen, or several persons participated in one or more acts. As proving circumstances, the similarity of the methods, the coincidence of the object, the general characteristics of the personality and so on can appear. The interconnection of the proceedings held by the investigator is carried out by the decision of the prosecutor.

Allocation of materials

It is allowed in respect of:

1. Individual accused / suspected of crimes committed in complicity, in accordance with cl. 208 CCP.
2. A minor, held accountable with an adult.
3. Other subjects accused of an act not related to the offense attributed to them if it becomes known in the investigation process.

Allocation is also allowed against the person who concluded a pre-trial agreement with the prosecutor. In the event of a threat to the security of a person, the documents for which his identity is identified shall be withdrawn from general materials. If the term for the completion of the preliminary investigation has not yet come, the allocation is allowed, if this action does not affect the objectivity and comprehensiveness of the investigation of the circumstances, it is necessary because of the high volume of the proceedings or in the presence of a multiplicity of episodes.

Nuances

The allocation of materials is carried out in accordance with the resolution of the authorized employee. If this action is carried out for the purpose of clarifying the circumstances of a new act or in respect of a new entity, the act specifies the decision to institute proceedings in the manner established in Art. 146 CCP. In the materials allocated separately, there should be scripts or copies of documents of evidentiary value certified by an authorized employee.

Timing: the stages of preliminary investigation

The CCP provides for a special procedure for determining the periods for carrying out activities in the event of the allocation of materials from the general proceedings. The term of the preliminary investigation is calculated from the moment of approval of the decision, if the procedure is carried out with respect to a new crime or subject. In other cases, the starting date will be the day in which the main proceedings were initiated, from which the materials were identified. That is, the starting point will be its beginning.

The timing of the preliminary investigation under the general rule is counted from the date of the decision, in which it is necessary to specify not only the day of its adoption, but also the exact time. Such a requirement is defined in Art. 146 p. 2 of the CCP. Meanwhile, in legislation there is no clear definition of the length of the period of initiation of proceedings. That is, it may well be stretched in time.

When most of the operative measures are implemented, the period of preliminary investigation of the criminal case is counted not from the date of the decision, but from the date of obtaining the consent of the prosecutor. In practice, it may be necessary to take urgent action. In the sense of Art. 146 h. 4, the timing of the preliminary investigation in such cases is counted from the date of the decision until it is agreed with the prosecutor. Fixation of this fact is carried out by putting a specific calendar number and the exact time (up to minutes).

Urgency of observance of the established periods

The timing of the preliminary investigation and the procedure for their extension are of particular practical importance. First of all, the establishment of periods allows for control over the course of the proceedings, including by the suspect himself. By establishing the terms of the preliminary investigation, the legislator is guided by the international legal principle on access to justice without undue delay.

Presence of indications on the specific duration of certain measures allows reducing the time between the act and imposition of punishment. This acts as a key condition for the effectiveness of responsibility. The timing of the preliminary investigation, among other things, limits the duration of the enforcement action.

Specificity of counting

According to the general rule, the terms of the preliminary investigation are not more than two months. The count is carried out from the date of initiation of the proceedings. At the same time, the current day is not included in the schedule. Thus, it begins the next day. This rule is fixed art. 128 CCP. For the reference period, the body that initiated the proceedings does not matter. In this regard, the time is included in the time for the commission of urgent actions by the investigator after the referral of the case.

End of the period

The deadline ends on the date:

1. Decision on termination of the proceedings.
2. Directions of materials to the prosecutor. At the same time, they should include an indictment or a decision to transfer the proceedings to a court for the application of a compulsory medical measure.

A separate procedure is envisaged for the actions of the prosecutor. The term of the inquiry is completed on the date of execution of the indictment. At the same time, the time for participants to familiarize themselves with the materials is not included in it.

An Important Factor

In the sense of the norms of the Criminal Procedure Code, the terms of suspension of the preliminary investigation are not provided. The exception is the case when they can be interrupted due to the impossibility of participation in the investigation of suspects / defendants, if their address is not known or they have a serious illness. At the time of the investigation, unlike the inquiry, the period includes familiarizing the parties with the materials, the time for appealing and considering the objections of the authorized officer to the prosecutor's decision to return the case for additional measures.

The terms of the preliminary investigation and the procedure for their extension

The rules, according to which the period for carrying out the measures can be increased, are stipulated in art. 162 CCP. In accordance with the rule, the extension of the preliminary investigation period is allowed up to three months. The decision on this should be taken by the head of the department that is carrying out operational search activities.

Some crimes are particularly complex. For them, the extension of the preliminary investigation period is allowed up to 12 months. The decision in this case is made by the head of the regional SC and other equivalent officer or their deputies. The subsequent increase in the duration of the period is allowed only under exceptional circumstances. In this case, the decision is taken by the President of the SC under the Prosecutor General's Office, the head of the investigative body of the relevant federal executive structure or their deputies.

Return materials

The prosecutor may decide on the need to conduct additional operational-search activities. In this case, he returns the materials to the investigator. The employee, in turn, has the right to express objections to this decision. The term for appealing or executing orders of a superior person is established by the head of the investigation department. In accordance with Art. 221, part 1, paragraph 2 of the Criminal Procedure Code, this period can not be more than a month. The time is counted from the date of receipt of materials from the prosecutor. The subsequent extension of the term is carried out according to the general rules set forth in Art. 162.

Documenting

When making a decision on the extension of the term, the investigator issues an appropriate resolution. The document must be submitted to the head of the department no later than 5 days before the end date of the period, which should be increased. In addition, the employee sends a written notification to the suspect and his lawyer, the victim and representatives of the decision taken.

Features of the inquiry

It is held within a month from the date of commencement of proceedings. If necessary, this period can be increased. Extension is allowed up to 30 days. The relevant decision is taken by the prosecutor. In a number of cases, including those related to the performance of a forensic examination, the length of the period of inquiry defined by Art. 223 part 3 of the Code of Criminal Procedure may be increased. The relevant decision shall be taken by the prosecutor of the district, city or equivalent officials and their deputies.

The extension of the period is allowed up to six months. In exceptional cases, when the request for legal aid is sent in accordance with the rules of article 453 of the Code of Criminal Procedure, the implementation period may increase to 12 months. The decision on this is approved by the regional prosecutor or an equivalent employee.

Conclusion

During the preliminary investigation, the authorized bodies and their officials formulate the terms of the task, which must be solved with the help of certain measures. At the same time, the goal is not to involve the subject in any way, regardless of actual circumstances.

The preliminary investigation is of a purely procedural nature. It is conducted in accordance with the requirements of the law, while respecting the established principles of justice. In this regard, the formulation of the position of the prosecution is allowed only if there is a sufficient set of materials collected and properly evaluated. Otherwise, the investigator or the investigator must refuse further action and stop the persecution.

These requirements are mandatory. Their observance is guaranteed by the norms of the Code of Criminal Procedure, which establish specific terms for the implementation of operational-search activities. Of course, in practice, different situations can arise. Crimes may be difficult to investigate, or other non-core acts may be identified. In order to establish the truth in such cases, legislation allows for an increase in the period of implementation of activities. However, in any case, the need for an extension of time should be justified.

Any of the participants in the proceedings may file a complaint against the decisions of the officials. This right is vested in both the investigator, the victim, and the suspects / accused, and their representatives.