Article 151 of the Code of Criminal Procedure of the Russian Federation. Jurisdiction

New edition of Art. 151 Code of Criminal Procedure of the Russian Federation

1. The preliminary investigation is carried out by investigators and inquiry officers.

2. The preliminary investigation is carried out:

1) investigators of the Investigative Committee of the Russian Federation - in criminal cases:

a) about crimes provided for in articles 105-110.2, 111 parts four, 120, 126, 127 parts two and three, 127.1 parts two and three, 127.2 parts two and three, 128, 131-149, 151.2, 169, 170.1, 171.2 , 172.1, 172.3, 185-185.6, 194 parts three and four, 198-199.4, 200.4, 200.5, 200.6, 201, 201.1, 204, 204.1, 205-205.2, 205.3, 205.4, 205.5 , 207.1, 207.2, 208-212.1 , 215, 215.1, 215.3 parts two - fifth, 216 - 217.2, 227, 235.1, 236 parts three, 237, 238, 238.1, 239, 240.1, 242.1, 242.2, 243.4, 246-249, 250 parts two and third, 251 parts second and third, 252 parts second and third, 254 parts second and third, 255 parts first, 258.1 parts second, second.1, third and third.1, 263, 263.1, 270, 271, 271.1, 279, 282-282.3 , 284.1, 285 - 291.1, 292 - 293, 294 parts two and three, 295, 296, 298.1-305, 317, 318, 320, 321, 327.2, 328, 330.1, 330.2, 332-354.1 and 356 - 361 Criminal Code Russian Federation;

b) about crimes committed by persons specified in Article 447 of this Code, except for the cases provided for in paragraph 7 of part three of this article, as well as about crimes committed against these persons in connection with their professional activities;

c) about crimes committed by officials of the Investigative Committee of the Russian Federation, bodies of the federal security service, the Foreign Intelligence Service of the Russian Federation, the Federal Security Service of the Russian Federation, internal affairs bodies of the Russian Federation, institutions and bodies of the penal system, customs authorities of the Russian Federation, employees enforcement authorities of the Russian Federation, military personnel and citizens undergoing military training, civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies in connection with the performance of their official duties or committed at the location of a unit, formation, institution, garrison, for except for the cases provided for in paragraph 7 of part three of this article, as well as crimes committed against these persons in connection with their official activities;

d) about grave and especially grave crimes committed by minors and against minors;

2) investigators of the federal security service - in criminal cases of crimes provided for in Articles 189, 200.1, part two, 205, 205.1, 205.2, 205.3, 205.4, 205.5, 208, 211, 215.4, part two, paragraph “b”, 217.1, 226.1, 229.1, 274.1, 275 - 281, 283, 283.1, 284, 322 part three, 322.1 part two, 323 part two, 355, 359 and 361 of the Criminal Code of the Russian Federation;

3) investigators of the internal affairs bodies of the Russian Federation - in criminal cases of crimes provided for in articles 111 parts one - three, 113, 114, 117 parts two and three, 122 parts three and four, 123 parts three, 124, 124.1, 127.1, 127.2 , 150 parts second and third, 151 parts second and third, 158 parts second - fourth, 159 parts second - seventh, 159.1 parts second - fourth, 159.2 parts second - fourth, 159.3 parts second - fourth, 159.5 parts second - fourth, 159.6 parts two - fourth, 160 parts second - fourth, 161 parts second and third, 162, 163 parts second and third, 164, 165 parts second, 166 parts second - fourth, 167 parts second, 171 parts second, 171.1 parts first.1 , second, fourth and sixth, 171.3, 172, 172.2, 173.1, 173.2, 174, 174.1, 175 part three, 176, 178, 179, 180 parts third and fourth, 181 part second, 183, 184, 186, 187, 191 , 191.1 part three, 192, 193, 193.1, 195 - 197, 200.1 part two, 200.2 parts second and third, 200.3 part two, 201, 202, 205, 206, 207 parts second, third and fourth, 208 - 210.1, 212.1 , 213 parts second and third, 215.2, 215.3, 217.1, 219 parts second and third, 220 parts second and third, 221 parts second and third, 222 parts second and third, 222.1 parts second and third, 223 parts second and third, 223.1 , 225 - 227, 228 parts of the second and third, 228.1, 228.4, 229, 229.1, 230 parts of the second, third and fourth, 230.1 parts of the third, 230.2 parts of the second, 231 parts of the second, 232 parts of the second and third, 234 parts of the second and third , 234.1 parts second and third, 235, 236 parts first and second, 240 parts second and third, 241 parts second and third, 242 parts third, 243 parts second, 243.2 parts third, 243.3 parts second, 245 parts second, 255 parts second and third, 259, 260 parts second and third, 261 parts third and fourth, 264, 266 parts second and third, 267, 267.1, 268 parts second and third, 272 - 274, 304, 313 parts second and third, 322.1 part second , 325.1 part two, 327 part four, 327.1 parts two - six and 330 part two of the Criminal Code of the Russian Federation;

4) no longer in force on July 1, 2003;

5) has become invalid.

3. The inquiry is carried out:

1) by investigators of the internal affairs bodies of the Russian Federation - in all criminal cases specified in part three of Article 150 of this Code, with the exception of criminal cases specified in paragraphs 3-6, 9 of this part;

2) no longer in force on July 1, 2003;

3) investigators of the border authorities of the federal security service - in criminal cases of crimes provided for in part one of article 200.1, part one of article 200.2, article 256, parts one and one.1 of article 258.1, part one of article 322.1 of the Criminal Code of the Russian Federation, identified by federal authorities security services, as well as crimes provided for in Article 253, parts one and two of Article 322, part one of Article 323 of the Criminal Code of the Russian Federation;

4) investigators of the compulsory enforcement authorities of the Russian Federation - in criminal cases of crimes provided for in Articles 157 and 177, part one of Article 294, Article 297, part one of Article 311, Articles 312 and 315 of the Criminal Code of the Russian Federation;

5) has become invalid;

6) investigators of the state fire supervision authorities of the federal fire service - in criminal cases of crimes provided for in Article 168, part one of Article 219, parts one and two of Article 261 of the Criminal Code of the Russian Federation;

7) investigators of the Investigative Committee of the Russian Federation - in criminal cases of crimes provided for in part three of Article 150 of this Code, committed by persons specified in subparagraphs “b” and “c” of paragraph 1 of part two of this article;

no longer valid;

9) by investigators of the customs authorities of the Russian Federation - in criminal cases of crimes provided for in Articles 194 parts one and two, 200.1 part one of the Criminal Code of the Russian Federation, as well as crimes provided for in Article 200.2 part one of the Criminal Code of the Russian Federation, identified by the customs authorities of the Russian Federation .

4. In criminal cases of crimes provided for in Articles 215.4, part two, paragraph “b”, 275, 276, 283, 283.1 and 284 of the Criminal Code of the Russian Federation, for which the persons specified in subparagraph “c” of paragraph 1, part two of this article are accused , the preliminary investigation is carried out by investigators from the federal security service.

4.1. In criminal cases of crimes provided for in paragraph 2 of part two and part five of this article, identified by the federal security service, for which employees of the compulsory enforcement agencies of the Russian Federation are accused, a preliminary investigation may be carried out by investigators of the federal security service.

5. In criminal cases of crimes provided for in articles 146, 158 parts three and four, 159 parts two - seven, 159.1 parts two - four, 159.2 parts two - four, 159.3 parts two - four, 159.5 parts two - four, 159.6 parts two - four, 160 parts two - four, 161 parts two and three, 162, 171 parts two, 171.1 parts one.1, second, fourth and sixth, 172, 172.2, 173.1, 173.2, 174, 174.1, 176, 183, 187, 190, 191 parts four and five, 192, 193, 193.1, 194 parts one and two, 195 - 197, 200.1 parts one, 200.2, 201, 201.1, 202, 205.4, 205.5, 206, 207 parts three and fourth, 208 - 210.1, 215.4 part two, paragraph "a", 222 parts second and third, 222.1 parts second and third, 223 parts second and third, 223.1, 226 parts second - fourth, 226.1, 228 parts second and third, 228.1, 228.4, 229.1, 234.1 parts two and three, 239, 243 part two, 243.2 part three, 243.3 part two, 263.1, 272 - 274.1, 282.1 - 282.3, 284.1, 285, 285.4, 286, 308, 310, 327 part four and 327.1 parts two and four of the Criminal Code of the Russian Federation, a preliminary investigation can also be carried out by investigators of the body that revealed these crimes.

6. In criminal cases of crimes provided for in Articles 150, 205.6, 285.1, 285.2, 306 - 310, 311 part two, 316 and 320 of the Criminal Code of the Russian Federation, a preliminary investigation is carried out by investigators of the body to whose jurisdiction the crime relates, in connection with which initiated the corresponding criminal case.

7. When combining criminal cases under investigation by different preliminary investigation bodies in one proceeding, the jurisdiction is determined by the prosecutor in compliance with the jurisdiction established by this article.

8. Disputes about the jurisdiction of a criminal case are resolved by the prosecutor.

Criminal Procedure Code of the Russian Federation:

Article 151. Jurisdiction

1. The preliminary investigation is carried out by investigators and inquiry officers.

2. The preliminary investigation is carried out:

1) investigators of the Investigative Committee of the Russian Federation - in criminal cases:

a) about crimes provided for in articles 105 - 110.2, 111 parts four, 120, 126, 127 parts two and three, 127.1 parts two and three, 127.2 parts two and three, 128, 131 - 149, 151.2, 169, 170.1, 171.2 , 172.1, 172.3, 185 - 185.6, 194 parts three and four, 198 - 199.4, 200.4, 200.5, 200.6, 200.7, 201, 201.1, 204, 204.1, 205 - 205.2, 205.3, 20 5.4, 205.5, 207.1, 207.2, 208 - 212.1, 215, 215.1, 215.3 parts two - five, 216 - 217.2, 227, 235.1, 236 part three, 237, 238, 238.1, 239, 240.1, 242.1, 242.2, 243.4, 246 - 249, 250 parts two and three , 251 parts second and third, 252 parts second and third, 254 parts second and third, 255 parts first, 258.1 parts second, second.1, third and third.1, 263, 263.1, 270, 271, 271.1, 279, 282 - 282.3, 284.1, 285 - 291.1, 292 - 293, 294 parts two and three, 295, 296, 298.1 - 305, 317, 318, 320, 321, 327.2, 328, 330.1, 330.2, 332 - 354 .1 and 356 - 361 Criminal Code of the Russian Federation;

d) about grave and especially grave crimes committed by minors and against minors;

3) investigators of the internal affairs bodies of the Russian Federation - in criminal cases of crimes provided for in articles 111 parts one - three, 113, 114, 117 parts two and three, 122 parts three and four, 123 parts three, 124, 124.1, 127.1, 127.2 , 150 parts second and third, 151 parts second and third, 158 parts second - fourth, 159 parts second - seventh, 159.1 parts second - fourth, 159.2 parts second - fourth, 159.3 parts second - fourth, 159.5 parts second - fourth, 159.6 parts two - fourth, 160 parts second - fourth, 161 parts second and third, 162, 163 parts second and third, 164, 165 parts second, 166 parts second - fourth, 167 parts second, 171 parts second, 171.1 parts first.1 , second, fourth and sixth, 171.3, 172, 172.2, 173.1, 173.2, 174, 174.1, 175 part three, 176, 178, 179, 180 parts third and fourth, 181 part second, 183, 184, 186, 187, 191 , 191.1 part three, 192, 193, 193.1, 195 - 197, 200.1 part two, 200.2 parts second and third, 200.3 part two, 201, 202, 205, 206, 207 parts second, third and fourth, 208 - 210.1, 212.1 , 213 parts second and third, 215.2, 217.1, 219 parts second and third, 220 parts second and third, 221 parts second and third, 222 parts second and third, 222.1 parts second and third, 223 parts second and third, 223.1, 225 - 227, 228 parts second and third, 228.1, 228.4, 229, 229.1, 230 parts second, third and fourth, 230.1 parts third, 230.2 parts second, 231 parts second, 232 parts second and third, 234 parts second and third, 234.1 parts second and third, 235, 236 parts first and second, 240 parts second and third, 241 parts second and third, 242 parts third, 243 parts second, 243.2 parts third, 243.3 parts second, 245 parts second, 255 parts second and third , 259, 260 parts two and three, 261 parts three and four, 264, 266 parts second and third, 267, 267.1, 268 parts second and third, 272 - 274, 304, 313 parts second and third, 322.1 part two, 325.1 part two, 327 part four, 327.1 parts two - six and 330 part two of the Criminal Code of the Russian Federation;

4) has become invalid. — Federal Law of June 30, 2003 N 86-FZ;

5) has become invalid. — Federal Law of July 3, 2016 N 329-FZ.

3. The inquiry is carried out:

2) has become invalid. — Federal Law of June 30, 2003 N 86-FZ;

5) has become invalid. — Federal Law of December 7, 2011 N 420-FZ;

lost its power. — Federal Law of July 3, 2016 N 329-FZ;

5. In criminal cases of crimes provided for in articles 146, 158 parts three and four, 159 parts two - seven, 159.1 parts two - four, 159.2 parts two - four, 159.3 parts two - four, 159.5 parts two - four, 159.6 parts second - fourth, 160 parts second - fourth, 161 parts second and third, 162, 171 parts second, 171.1 parts first.1, second, fourth and sixth, 172, 172.2, 173.1, 173.2, 174, 174.1, 176, 183, 187, 190, 191 parts four and five, 192, 193, 193.1, 194 parts one and two, 195 - 197, 200.1 parts one, 200.2, 201, 201.1, 202, 205.4, 205.5, 206, 207 parts three and four, 208 - 210.1, 215.4 part two paragraph "a", 222 parts second and third, 222.1 parts second and third, 223 parts second and third, 223.1, 226 parts second - fourth, 226.1, 228 parts second and third, 228.1, 228.4, 229.1, 234.1 parts two and three, 239, 243 part two, 243.2 part three, 243.3 part two, 263.1, 272 - 274.1, 282.1 - 282.3, 284.1, 285, 285.4, 286, 308, 310, 327 part four and 327.1 in parts of the second and fourth Criminal Code of the Russian Federation, a preliminary investigation can also be carried out by investigators of the body that revealed these crimes.

8. Disputes about the jurisdiction of a criminal case are resolved by the prosecutor.

Return to the table of contents of the document: Criminal Procedure Code of the Russian Federation in the current edition

Second commentary to Art. 151 of the Criminal Code of the Russian Federation

1. Involvement of a minor in the systematic use (drinking) of alcoholic and alcohol-containing products, intoxicating substances consists of repeated (more than two times) encouraging the teenager to use these products and substances, as a result of which he develops (may develop) corresponding dependence or habit of them consumption. Involvement in vagrancy is inducing a minor to wander from one locality to another or to change places in one city or area for a long time. Begging means asking strangers for money or other material assets.

2. The subjective side is characterized by direct intent.

3. The subject of the crime is a person who has reached the age of 18 years.

4. The content of the qualifying feature is similar to what is named as such in Part 2 of Art. 150 CC.

5. The concept of violence and the threat of its use coincides in content with a similar feature of Part 3 of Art. 150 CC.

Determination of jurisdiction by subject or object

Thus, it can be noted that when identifying the fact of a crime, a law enforcement officer or other agency has the opportunity to determine, in accordance with Article 151 of the Code of Criminal Procedure of the Russian Federation, jurisdiction and report this to the appropriate institution, if this clearly follows from the nature of the crime being committed (or already committed, or impending ) or initiate a check in your own department of the report of the act, the bearer of which will be this employee.

For example, if a corpse is discovered (either a murder has been committed, or another act has taken place that led to the death of the victim), it is necessary to establish the reasons.

It should be noted that under Article 105 of the Criminal Code of the Russian Federation (murder), a preliminary investigation can be conducted by both employees of the Investigative Committee and the Department of Internal Affairs. This matter cannot be handled by drug control agencies or state security services. However, this does not include cases where the murder is closely related to the scope of activity of these authorities.

The Importance of Initial Actions

The body to which the crime was reported must first decide whether it is necessary to initiate a case and whether it is necessary to conduct a preliminary investigation into it. In this regard, both urgent and initial necessary actions are carried out. The latter includes interrogation of witnesses, victims and suspects, if identified.

Often the course of the entire case in the future depends on the quality of the initial actions. If important evidence is lost due to the carelessness of an official, it may happen that the corpus delicti or the necessary strong evidence will be eliminated.

This prevents the correct consideration of the case, and in some cases, the initiation of criminal proceedings where it is really necessary.

Determination of jurisdiction by authorities

If a controversial situation arises regarding jurisdiction, the prosecutor is responsible for resolving it. However, this situation arises only for the reason that authorized persons and bodies simply do not have the opportunity to correctly classify a crime for various reasons. If we look in more detail at Article 151 of the Code of Criminal Procedure of the Russian Federation, then it directly indicates articles and even points, based on which it is necessary to assign cases to jurisdiction.

For example, a preliminary investigation under Article 359 of the Criminal Code of the Russian Federation (mercenarism) falls under the jurisdiction of both the Investigative Committee and the FSB. However, the items do not specifically indicate which body should deal with this. Apparently, the specific situation depends on the severity of the crime and the strength of its influence on the security of the country.

Intentional infliction of grievous bodily harm in parts one to three is considered by the internal affairs bodies, and in part four – by the investigative committee, as defined by Article 151 of the Code of Criminal Procedure of the Russian Federation.

Therefore, the determination of jurisdiction is of great importance and in some cases affects the course of the investigation. The experience that employees have acquired by considering cases that they are authorized to investigate by virtue of the law is also important here. Of course, all law enforcement officers who have been working for a long time have a huge amount of knowledge, but here we can compare them with doctors who are primarily involved in treatment in a particular area - activity in a completely inappropriate area will be associated with errors in some cases, as well as with a lack of experience in the treatment of diseases uncharacteristic of a particular specialty.

Urgent actions

Very often, when a crime is detected “on the spot”, it is necessary, in order to avoid the loss of evidence or the suspicion that the criminal may escape, to carry out urgent investigative actions.

According to Article 157 of the Russian Federation PC, investigative actions are carried out immediately, after which the employee who carried out these actions must inform the prosecutor about this. At the same time, if the person who committed the crime was not found, the investigation authorities are involved in the search.

In general, the procedure for considering reports of a crime involves, first of all, determining the circle of persons who can and should do this.

This is indicated by Part 1 of Article 151 of the Code of Criminal Procedure of the Russian Federation. In addition, it is established what actions need to be performed if a message is received in any way. The review procedure is, first of all, a plan that includes determining the competence and powers of bodies and persons.