New edition of Art. 124 Code of Criminal Procedure of the Russian Federation
1. The prosecutor or head of the investigative body considers the complaint within 3 days from the date of its receipt. In exceptional cases, when in order to verify a complaint it is necessary to request additional materials or take other measures, the complaint may be considered within 10 days, of which the applicant is notified.
2. Based on the results of consideration of the complaint, the prosecutor or the head of the investigative body makes a decision to fully or partially satisfy the complaint or to refuse to satisfy it.
2.1. If a complaint filed in accordance with part two of Article 123 of this Code is satisfied, the resolution must indicate the procedural actions taken to speed up the consideration of the case and the deadlines for their implementation.
3. The applicant must be immediately notified of the decision made on the complaint and the further procedure for appealing it.
4. In the cases provided for by this Code, the inquiry officer or investigator has the right to appeal the actions (inaction) and decisions of the prosecutor or the head of the investigative body, respectively, to a higher prosecutor or the head of a higher investigative body.
Commentary on Article 124 of the Code of Criminal Procedure of the Russian Federation
1. In the commented article, a prosecutor means a prosecutor who oversees the implementation of laws by the given person (body) conducting the inquiry.
2. Within three days, a decision should be made on a complaint only when the complaint itself contains sufficient data indicating the need to make a particular decision, that is, there is no need to verify it.
3. If, in order to establish the presence or absence of grounds for full or partial satisfaction of the complaint or for refusing to satisfy it, a preliminary verification of the complaint should be carried out, the period for checking the complaint can be up to ten, but not more than, days. The deadline for reviewing a complaint cannot be extended.
4. If there are no grounds for satisfying the complaint, a decision is made to refuse to satisfy it. After some time, the preliminary investigation may reveal new circumstances, in connection with which a new similar complaint received by the head of the investigative body (prosecutor) will be satisfied.
5. The decision on full or partial satisfaction of the complaint, as well as on the refusal to satisfy the complaint, must set out the reasons for the refusal, according to which the complaint was recognized as unfounded.
6. See also commentary to Art. Art. 19, 42 Code of Criminal Procedure of Russia.
The right to appeal decisions and actions (inaction) of officials in pre-trial proceedings as a guarantee of judicial protection of the rights and freedoms of citizens in criminal proceedings is established by Article 46 of the Constitution of the Russian Federation. Complaints in accordance with Art. 123, 124, 125 of the Code of Criminal Procedure of the Russian Federation, can be submitted to the Prosecutor or the head of the investigative body (Article 124 of the Code of Criminal Procedure of the Russian Federation), as well as to the Court (Article 125 of the Code of Criminal Procedure of the Russian Federation). You can appeal any actions (inactions) or decisions of officials that could cause damage to the constitutional rights and freedoms of participants in criminal proceedings. For example, decisions of an investigator or interrogating officer to initiate a criminal case against a specific person, to refuse to appoint a defense lawyer, to refuse admission to a legal representative, to return seized property, to select and apply procedural coercive measures to the suspect or accused, with the exception of detention and other measures applied by court decision. You can appeal a decision to order an examination, an extension of the period of inquiry or preliminary investigation, a decision to conduct a search, or a refusal to be recognized as a victim or civil plaintiff. This list of complained actions and inactions is far from exhaustive.
In the text of the complaint, you must indicate in detail exactly what your rights are violated and how these violations infringe on your freedoms, as well as by what actions or decisions, and by what specific officials.
The prosecutor or the head of the investigative body considers a complaint filed in accordance with Article 124 of the Code of Criminal Procedure of the Russian Federation within 3 days from the date of its receipt. When it is necessary to request additional materials to verify a complaint, as well as in other exceptional cases, the complaint may be considered within 10 days, of which the applicant must be notified. As a result of consideration of the complaint, the prosecutor (or the head of the investigative body) issues a decision to fully or partially satisfy the complaint or to refuse to satisfy it.
A complaint in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation can be filed directly with the court or through an inquiry officer, investigator, head of an investigative body or prosecutor, whose actions (inaction) or decisions you are appealing. The judge checks the legality and validity of the actions (inaction) and decisions of the inquiry officer, investigator, head of the investigative body, prosecutor no later than 5 days from the date of receipt of the complaint. The applicant is required to be summoned to court to participate in the hearing. The complaint is considered in court according to the rules of adversarial proceedings in open court.
Taking into account the fact that a complaint on the basis of Article 125 of the Code of Criminal Procedure of the Russian Federation can be filed in court, and also simultaneously, on the basis of Article 124 of the Code of Criminal Procedure of the Russian Federation - to the prosecutor or the head of the investigative body, it is recommended that judges need to find out whether the applicant has taken advantage of the right provided for in Article 124 of the Code of Criminal Procedure of the Russian Federation , and whether there is a decision to satisfy such a complaint.
If, based on a complaint received by the court, it is established that the complaint with the same arguments has already been satisfied by the prosecutor or the head of the investigative body, then due to the lack of grounds for verifying the legality and validity of the actions (inaction) or decisions of the official conducting the preliminary investigation, the judge issues a decision to refuse to accept the complaint for consideration, a copy of which is sent to the applicant. If these circumstances are established at the court hearing, then the proceedings on the complaint are subject to termination.
If the applicant disagrees with the decision of the prosecutor or the head of the investigative body, as well as if the requirements contained in the complaint are partially satisfied, the complaint filed with the court is subject to consideration in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation.
If, after the appointment of a court hearing, the complaint is withdrawn by the applicant, the judge makes a decision to terminate the proceedings on the complaint due to the absence of a reason to verify the legality and validity of the actions (inaction) or decision of the official carrying out the criminal prosecution.
As a result of considering the complaint, the judge (Article 125 of the Code of Criminal Procedure of the Russian Federation) or the prosecutor (Article 124 of the Code of Criminal Procedure of the Russian Federation) makes a decision either to recognize the action (inaction) or decision of the relevant official as illegal or unfounded and about his obligation to eliminate the violation, or to abandon the complaint without satisfaction.
Kuntsevo Interdistrict Prosecutor's Office
Form and content of the complaint
In practice, the court imposes requirements on the content of statements and complaints submitted to the court, without compliance with which the consideration of the complaint in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation would be impossible or very difficult.
What should a complaint contain in accordance with Art. 125 Code of Criminal Procedure of the Russian Federation
- name of the court to which the complaint is filed;
- information about the applicant indicating his procedural status, place of residence or location;
- information about the defender, representative and legal representative of the applicant in cases where they file a complaint in the interests of the applicant;
- description of the appealed action (inaction) or procedural decision, indicating the official or body that performed the action or made the decision;
- an indication of what violation of the applicant’s rights has caused, or what damage to legitimate interests the appealed action or decision may cause;
- the applicant’s arguments on the basis of which it is proposed to recognize a particular procedural action or decision as illegal or unfounded;
- a request addressed to the court to declare the appealed action or decision illegal;
- the date of filing the complaint and the signature of the applicant or the person filing the complaint on his behalf.
Appeal period
The deadlines for appealing the actions (inaction) of the prosecutor, investigator and inquiry officer are not established by law.
The absence in the law of deadlines for filing and receiving complaints in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation does not mean that the possibility of appeal using this judicial procedure is not limited in time. Provided by Art. 125 of the Code of Criminal Procedure of the Russian Federation, the judicial procedure for considering complaints against decisions and actions (inaction) of an inquirer, investigator or prosecutor is applicable at the stage of pre-trial proceedings in a case, which ends from the moment the criminal case is sent to the court for consideration on its merits. This conclusion follows from the content of Part 2 of Art. 29 of the Code of Criminal Procedure of the Russian Federation, which defines the powers of the court.
At the stages of judicial proceedings, participants in criminal proceedings have a different set of procedural rights and legal means of protecting their interests, the implementation of which is carried out within the framework of judicial procedures established by law for the corresponding stage of judicial proceedings.
The general limitation period under Articles 124 and 125 of the Code of Criminal Procedure of the Russian Federation
If the case is not sent to court and is suspended, then the deadlines for filing complaints in accordance with Art. 125 of the Code of Criminal Procedure are equal, at a minimum, to the statute of limitations for criminal prosecution, defined in Art. 78 of the Criminal Code of the Russian Federation. And if the case is suspended due to the search for a specific person involved in the case, but who is hiding, then the terms are generally unlimited.
The only limitation is a reasonable period, which, as you understand, is also not specified.
What does Art mean? 124 and 125 of the Criminal Code of the Russian Federation?
1. Criminal Code of the Russian Federation.
» Article 124. Failure to provide assistance to a patient
1. Failure to provide assistance to a patient without good reason by a person obligated to provide it in accordance with the law or with a special rule, if this negligently resulted in the infliction of moderate harm to the health of the patient, -
shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by correctional labor for a term of up to one year, or by arrest for a term of two to four months.
2. The same act, if it negligently entailed the death of a patient or the infliction of grievous harm to his health, -
shall be punishable by imprisonment for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
On criminal liability for a similar crime before January 1, 1997, see Article 128 of the Criminal Code of the RSFSR
Article 125. Leaving in danger
Knowingly leaving without help a person who is in a condition dangerous to life or health and is deprived of the opportunity to take measures for self-preservation due to childhood, old age, illness or due to his helplessness, in cases where the perpetrator had the opportunity to help this person and was obliged to take care of him or he himself put him in a condition dangerous to life or health, -
shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of one hundred twenty to one hundred and eighty hours, or by corrective labor for a term of up to one year, or by arrest for a term of up to three months, or imprisonment for a term of up to one year.”
2. Repeated writing is almost useless. You can appeal the refusal to initiate a criminal case in accordance with Art. 125 Code of Criminal Procedure of the Russian Federation.
» Article 125. Judicial procedure for consideration of complaints
1. Resolutions of the inquirer, investigator, prosecutor on the refusal to initiate a criminal case, on the termination of a criminal case, as well as their other decisions and actions (inaction), which can cause damage to the constitutional rights and freedoms of participants in criminal proceedings or impede citizens’ access to justice, may be appealed to the district court at the place where the preliminary investigation was conducted.
2. A complaint may be filed with the court by the applicant, his defense attorney, legal representative or representative directly or through an inquiry officer, investigator or prosecutor.
3. The judge verifies the legality and validity of the actions (inaction) and decisions of the inquirer, investigator, prosecutor no later than 5 days from the date of receipt of the complaint in a court hearing with the participation of the applicant and his defense attorney, legal representative or representative, if they are involved in a criminal case, other persons whose interests are directly affected by the appealed action (inaction) or decision, as well as with the participation of the prosecutor. The failure to appear of persons who were timely notified of the time for consideration of the complaint and who do not insist on its consideration with their participation is not an obstacle to the consideration of the complaint by the court. Complaints subject to consideration by the court are considered in open court, with the exception of cases provided for in part two of Article 241 of this Code.
4. At the beginning of the court session, the judge announces which complaint is subject to consideration, introduces himself to the persons appearing at the court session, and explains their rights and obligations. Then the applicant, if he participates in the court session, substantiates the complaint, after which other persons who appeared at the court session are heard. The applicant is given the opportunity to make a statement.
5. Based on the results of consideration of the complaint, the judge makes one of the following decisions:
1) on recognizing the action (inaction) or decision of the relevant official as illegal or unfounded and on his obligation to eliminate the violation;
2) about leaving the complaint without satisfaction.
6. Copies of the judge’s decision are sent to the applicant and the prosecutor.
7. The filing of a complaint does not suspend the production of the appealed action and the execution of the appealed decision, unless the body of inquiry, the inquiry officer, the investigator, the prosecutor or the judge finds it necessary to do so.”
Complaint under Art. 124 of the Code of Criminal Procedure to the prosecutor’s office for the investigator’s inaction
To the Moscow Prosecutor's Office - from lawyer Khoruzhenko Alexey Sergeevich - representative of B., victim in criminal case No. ... as well as witnesses B.I. and K.A. (warrants in a criminal case)
COMPLAINT (in accordance with Article 124 of the Code of Criminal Procedure of the Russian Federation)
The Investigation Department of the Department of Internal Affairs of Russia in Moscow is investigating criminal case No...., initiated on August 24, 2018, on the grounds of a crime under Part 4 of Art. 159 of the Criminal Code of the Russian Federation.
During the preliminary investigation, it was established that a person unidentified by the investigation, through deception and abuse of trust, took possession of a Land Rover Range Rover, g.r.z. With...TR 777, as well as the Porsche Panamera Turbo TDK, g.r.z. C…BE 39, with a total cost of 4,700,000 rubles. B is currently recognized as the victim in the criminal case.
According to the materials at the disposal of the investigation, the statement of initiation of case B, his testimony as a victim, the owner of the Land Rover Range Rover car, g.r.z. S...TR 777, on the basis of the purchase and sale agreement dated April 21, 2018, is K.A., while the owner of the Porsche Panamera Turbo TDK, g.r.z. C...BE 39, on the basis of the purchase and sale agreement dated March 24, 20__ is B.I. (brother B.). Until now, a person who has not been identified by the investigation through deception and abuse of trust, namely by forging contracts for the sale and purchase of vehicles on behalf of B.I. and K.A., took possession of the above-mentioned cars and disposed of them, selling them to third parties.
It should be noted that since the initiation of the criminal case on August 24, 2018, there has been complete inaction of the investigative body, and red tape has been allowed in the case.
In fact, over a period of 15 months, the investigative body carried out only the following investigative actions in relation to the disputed vehicles:
- interrogation of B. as a victim;
- interrogation of B.I. and K.A. as witnesses, taking samples of their signatures;
- seizure of documents from registration authorities in relation only to the Land Rover car.
To date, 4 investigators have changed in the criminal investigation; now, according to the defense, the investigator is absent.
Repeatedly by the defense, representing the interests of the victim B., as well as B.I. and K.A., attempts were made to coordinate and order the seizure of documents in relation to the Porsche Panamera car, handwriting examinations using forged documents, however, by the investigative body under various pretexts (the criminal case being checked by the prosecutor's office, employment, criminal prosecution of one of the investigators), investigative actions were disrupted. This circumstance entails not only red tape in the case, but also serious financial losses.
Currently, the investigative body is not taking a single step aimed at:
- withdrawal from the traffic police of the documents of title (purchase and sale agreements) on the transfer of ownership of the Porsche Panamera car;
- appointment of appropriate handwriting examinations and establishment of the fictitiousness of purchase and sale agreements, on the basis of which the cars were removed from the ownership of the owners, in the presence of selected samples of signatures K.A., B.I.;
- recognition of B.I. and K.A. as victims;
- issuance of cars to K.A. and B.I. as legal owners;
- searching for and bringing charges against the perpetrators of the crime.
The following should also be noted. The cars are currently in the police station's parking lot as evidence; their value and cost are gradually decreasing as the investigation drags on.
Earlier on 04/12/2019, due to the inaction of the investigative authorities, B. filed two complaints to the Golovinsk Interdistrict Prosecutor's Office (No. 258, No. 259) with a request to provide assistance and influence on the investigative authorities involved in the investigation of this criminal case, in order to return cars to the legal owners. And on April 29, 2019, two responses were received to complaints dated April 12, 2019 No. 258 and No. 259 from the acting. Interdistrict Prosecutor A.V. Sludnev that the investigation in this criminal case has not yet been completed and a number of investigative actions have not yet been carried out, in this regard, on April 26, 2019, demands were made to the employees of the Investigative Department of the Ministry of Internal Affairs of Russia for the Levoberezhny District about carrying out investigative actions.
Then, on June 25, 2019, the defense again filed a complaint about the inaction of the investigative authorities, the response was routine in nature, and the complaint was rejected.
Despite the existing order of the prosecutor's office, currently the investigative authorities are inactive, victims are deprived of the opportunity to exercise their rights to return their property, including in court in civil cases to invalidate transactions for the alienation of cars, due to the fact that before To date, the title documents for the Porsche Panamera car have not been seized in connection with the transactions, and handwriting examinations have not been carried out.
Red tape in a criminal case involves significant financial losses for victims.
The injured party submits this complaint about the inaction of the preliminary investigation authorities, the red tape allowed in the case and requests that appropriate prosecutorial response measures be taken to protect the rights and legitimate interests of the victims B.I., B., K.A., and to exercise their right to return what belongs to them property and bringing the perpetrators to criminal liability.
Based on the above, guided by art. 124 Code of Criminal Procedure of the Russian Federation,
ASK:
Recognize as illegal the inaction of the preliminary investigation authorities and the red tape allowed in criminal case No...., which is being processed by the Investigation Department of the Department of Internal Affairs for the... district.
Oblige the preliminary investigation authorities to carry out the following investigative actions:
- withdraw from the traffic police authorities the documents of title (purchase and sale agreements) on the transfer of ownership of the Porsche Panamera Turbo TDK car, no. C...BE 39;
- appoint appropriate handwriting examinations to establish the fictitiousness of the sales contracts, on the basis of which the cars were removed from the ownership of the owners, in the presence of selected samples of signatures K.A., B.I.;
- recognize B.I. and K.A. as victims;
- issue cars to K.A. and B.I. as legal owners;
- bring the perpetrators of a criminal case to justice by filing appropriate charges.
Please send your response to this complaint by e-mail or, if not possible, in any other way using the available contact information.
Application:
1. Orders to represent the interests of B., B.I., K.A.
________________________/Khoruzhenko A.S./ 11/10/2019
