How to write an application to initiate a criminal case?

To punish the culprit for committing a criminal offense, it is necessary to initiate a case.
The main basis for initiating it under the Code of Criminal Procedure of the Russian Federation is the receipt of a written statement from the injured party. The application to initiate a criminal case must be correctly completed and delivered to the required addressee.

Whether in all cases a written statement is required to initiate an investigation into an incident, and who can accept such statements, we will talk further.

Reasons for contacting

According to statistics, citizens turn to the Investigative Committee for the following reasons:

• The guilty verdict contains unreliable and unverified facts, evidence for which was not provided.
• At the stage of the pre-trial investigation, the conditions of non-disclosure of personal data of the participants in the process were violated.
• Investigative actions were carried out in violation of the norms of the Code of Criminal Procedure of the Russian Federation.
• Signs of fraud in the actions of officials and other persons were identified.
• Refusal to initiate criminal proceedings at the request of the victim.
• Abuse of official authority by police officers.
• Unlawful actions of the employer - delay of wages for three months or more.
• Inaction or failure to fulfill direct duties by a bailiff.
• Misconduct by a judge.

A complaint can also be filed with the Investigative Committee when other actions are taken against victims that have signs of a crime.

Who can complain

• Accused, suspect, defendant and their defense attorneys.
• The victim, the accuser, the plaintiff or their representatives.
• Witnesses and witnesses.
• Court and law enforcement officials.
• Translators and experts.
• Legal representatives of minors participating in the process.

If a citizen does not have any relation to the case under consideration, then he cannot have grounds to appeal the actions of an official.

Statement of private prosecution SAMPLE 2

APPLICATION for acceptance of a private prosecution case

Expert opinion

Morozov Ivan Severinovich

Legal consultant with 6 years of experience. Specialization: criminal law. Has experience in defense in court.

As a result of the beating, he was hospitalized, where he was treated as an inpatient from January 14 to January 20, 2014, after which he was treated as an outpatient until January 28, 2014.

Considering the above, in accordance with Art. 20, 22, 31, 147, 318 Code of Criminal Procedure of the Russian Federation

1) accept the case for proceedings and bring Seleznev Pavel Leonidovich to criminal liability for committing P.P. in relation to my son Petrov. crime under Part 1 of Art. 115 of the Criminal Code of the Russian Federation (intentional infliction of minor harm to health).

2) summon witnesses to court:

• Rakova Evgenia Romanovna, Tyumen, st. Lipovaya, 156, apt. 121;
• Lebedeva Maria Sergeevna, Tyumen, st. Sosnovaya, 89, apt. 52;
• Shchukina Alexandra Sergeevna, Tyumen, st. Sosnovaya, 89, apt. 20;
• Semenov Ekaterina Yurievich, Tyumen, st. Berezovaya, 39, apt. 17.

These witnesses were eyewitnesses to the beating of P.P. Petrov. and can testify about the circumstances of the crime committed against me.

3) request from the Tyumen OBSME the results of a medical examination of P.P. Petrov, to which he was sent by police officers, and order a forensic medical examination against him in order to establish the severity of the harm to health caused by the unlawful actions of P.L. Seleznev.

About the person against whom I bring charges, I report the following:

Seleznev Pavel Leonidovich, born on March 5, 1993, lives at the address: Tyumen, st. Sosnovaya, 65, apt. 20, doesn't work.

On criminal liability for knowingly false denunciation under Art. 306 of the Criminal Code of the Russian Federation warned.

Applications:

1. A copy of this statement to be served on the person against whom I am bringing charges.
2. A copy of the passport of the victim P.P. Petrov;
3. A copy of the passport of the legal representative of the victim O.N. Petrova.

Legal representative of the victim Petrov P.P. (Petrova P.N.)

Of course, no one is immune from trouble. But I would like to hope that “initiation of a criminal case of private prosecution” will avoid you and your loved ones.

In accordance with Article 141 of the Code of Criminal Procedure of the Russian Federation, law enforcement agencies are required to accept a report of a crime not only in writing, but also orally. By writing a statement to bring a person to justice, you can count on the initiation of a criminal case.

But note that the document must be drawn up legally correctly, otherwise it will not be accepted.

Let's list them:

1. At the top, on the right side, enter the official you are addressing. This could be the head of the police department, an investigator. Usually they write the position, initials, and the full name of the internal affairs agency.
2. On the same side your initials, address of residence, and contact phone number are indicated.
3. The name of the document is also important - you can write “Statement of a crime”, “Statement to initiate a criminal case”, “Statement”. Everything is written without quotation marks and a period at the end.
4. Content of the application. It should be briefly described what crime was committed, at what time, in what place. This could be theft, murder, fraud, etc. What evidence you have is also worth mentioning. List everything you can remember.
5. Indicate your requirements and request to initiate a criminal case.
6. The line stating that you have been notified of liability that occurs due to a knowingly false denunciation is best written at the end of the document.
7. If there are documents confirming the crime committed, they should be attached to the application and a list of attachments should be compiled.
8. Put the date and signature.

A sample statement in a criminal case is as follows:

Examples of an application to initiate a criminal case:

You can write the document by hand, but use only a pen with blue ink.

Don't forget to ask for notification that your application has been accepted .

The authorities have application templates.

The representative accepting your document must give you a note containing the date of acceptance and the signature of the authorized person.

Still have questions? Just call us:

St. Petersburg 8; Moscow 8

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To punish the culprit for committing a criminal offense, it is necessary to initiate a case. The main basis for initiating it under the Code of Criminal Procedure of the Russian Federation is the receipt of a written statement from the injured party.

The application to initiate a criminal case must be correctly completed and delivered to the required addressee.

Whether in all cases a written statement is required to initiate an investigation into an incident, and who can accept such statements, we will talk further.

How to file a complaint

The legislation establishes the following methods for filing applications:

• Personal visit to the local branch of the IC.
• Personal appeal to the reception office of the central office of the Investigative Committee at the address: Moscow, st. 1st Frunzenskaya, 3-a.
• Sending a written appeal to the address: 105005, Moscow, lane. Technical, no. 2.
• By hotline telephone number: 8-800-100-12-60 or 8-800-100-12-70 – telephone number to contact the Chairman of the Committee. The direct line is available every 1st and 3rd Wednesday of the month from 14:00 to 19:00. All phone calls are recorded.
• Through the Internet reception on the website: sledcom.ru/reception.

Department Order No. 17 establishes a single deadline for considering citizens' complaints - 30 days from the date of registration. The period for responding to a parliamentary request is 15 days from the date of registration.

How to download a document?

• Resolution to refuse to initiate criminal proceedings
• Sample form of a resolution of the Federal Bailiff Service
• Sample form of the resolution of the Federal Bailiff Service for Moscow
• Sample form for a resolution of the first interdistrict department of bailiffs for the Central Administrative District of Moscow
• Sample design of the draft Decree of the Government of the Russian Federation On the repurchase in 2007 from owners - citizens of the Russian Federation of their existing state treasury obligations of the USSR and certificates of the Savings Bank of the USSR, placed on the territory of the Russian Federation before January 1, 1992.
• Sample design of a draft resolution of the Government of the Russian Federation, prepared by the Department of the Ministry of Transport of the Russian Federation
• Sample design of a draft resolution of the Government of the Russian Federation
• Sample of a federal service resolution
• A sample of the design of a draft resolution of the Government of the Russian Federation on the repurchase in 2004 from owners - citizens of the Russian Federation of their existing state treasury obligations of the USSR and certificates of the USSR Savings Bank placed on the territory of the Russian Federation before January 1, 1992
• A sample of the design of a draft resolution of the Government of the Russian Federation on the repurchase in 2004 from owners - citizens of the Russian Federation of their existing state treasury obligations of the USSR and certificates of the USSR savings bank, placed on the territory of the Russian Federation before January 1, 1992. In the Ministry of Natural Resources of the Russian Federation
• Sample resolution on the liquidation of individual polling stations on ships
• Sample resolution on amendments to information about polling stations on ships
• Sample order (resolution, instruction) on conducting an inventory of inventory items
• Sample of a draft law (resolution) of the Moscow Regional Duma (introduced by the Council of Deputies of the city of Kolomna, Moscow Region)
• Resolution “On the establishment of a long-service pension” for a municipal employee in local government bodies and election commissions of the Zhukovsky urban district of the Moscow region (option 1)

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How to write a complaint against an investigator

Statements against investigators are written in case of gross violations of the norms of the Code of Criminal Procedure of the Russian Federation during the pre-trial investigation, fraudulent actions, official forgery, negligent attitude towards fulfilling one’s duties, etc.

In the process of writing an appeal, you must be guided by the following rules:

1. The essence is presented clearly and concisely.
2. The information reflected in the document is supported by references to legislative acts confirming the fact of unlawful actions.
3. For electronic requests, the number of characters in the text should not exceed 5000, and the maximum file memory size should not exceed 5 MB.

The document consists of the following blocks:

• Introductory part - the full details of the recipient represented by the investigative body and the applicant are indicated.
• Description – a detailed statement of the facts that gave rise to the appeal, indicating references to the article of the Code of Criminal Procedure of the Russian Federation.
• A petition is a request to consider an appeal and take action in accordance with the law.
• List of attached documents - all facts specified in the application must be supported by documents. Otherwise, the Investigative Committee may refuse consideration.

If circumstances are identified that are not addressed by the investigative authorities, the document is forwarded to the relevant department.

Everything about criminal cases

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Order of October 11, 2012 N 72

Instructions

“On organizing the reception, registration and verification of reports of a crime in the investigative bodies (investigative units) of the Investigative Committee system” (as amended on October 11, 2012)

TABLE OF CONTENTS:

I). General provisions

1) The Instruction on the organization of reception, registration and verification of reports of a crime in the investigative bodies (investigative units) of the system of the Investigative Committee of the Russian Federation establishes a uniform procedure for the reception, registration and verification of reports of a crime in the investigative bodies (investigative units) of the system of the Investigative Committee of the Russian Federation.

2) The Instruction applies to the following officials of investigative bodies (investigative units) of the Investigative Committee system within their competence:

a) heads of investigative bodies (investigative units) - officials heading the relevant investigative bodies of the Investigative Committee or their units, whose competence includes conducting a preliminary investigation and (or) exercising the powers of the head of the investigative body, provided for in Article 39 of the Code of

, for the implementation of procedural control, as well as their deputies.

———————————

<1> In accordance with clause 38.1 5 of the Code of Criminal Procedure

head of the investigative body - the official heading the corresponding
investigative unit
, as well as his deputy.
In accordance with Part 5 39 of the Code of Criminal Procedure
, the powers of the head of the investigative body provided for by this article are exercised by the Chairman of the Investigative Committee of the Russian Federation, heads of investigative bodies of the Investigative Committee in the constituent entities of the Russian Federation, in districts, cities, their deputies, as well as other heads of investigative bodies and their deputies, the scope of procedural powers of which is established by the Chairman of the Investigative Committee of the Russian Federation.

b) senior investigators for particularly important cases under the Chairman of the Investigative Committee of the Russian Federation, senior investigators for particularly important cases, investigators for particularly important cases, senior investigators, investigators <1>.

———————————

<1> In accordance with paragraph 41 5 of the Code of Criminal Procedure

investigator - an official authorized to carry out a preliminary investigation in a criminal case, as well as other powers provided for by this Code.

c) senior forensic investigators, forensic investigators, if there is an order from the head of the investigative agency, to receive, register and verify reports of a crime <1>.

———————————

<1> In accordance with clause 40.1 5 of the Code of Criminal Procedure

forensic investigator - an official authorized to carry out a preliminary investigation in a criminal case, as well as to participate, on behalf of the head of the investigative body, in the production of certain investigative and other procedural actions or to carry out certain investigative and other procedural actions without accepting the criminal case for their proceedings.

d) other officials authorized to receive and register reports of a crime.

3) The organization of work to ensure the reception, registration and verification of reports of a crime, as well as control over the implementation of this work, is entrusted to the head of the investigative body, who daily monitors incoming reports of a crime and ensures their reception, registration and consideration in the manner established criminal procedural legislation of the Russian Federation and this Instruction.

4) Failure or improper fulfillment by officials specified in the Instructions of the powers and duties assigned to them to receive, register and verify reports of a crime, as well as the adoption of illegal procedural decisions on them, entails liability provided for by the legislation of the Russian Federation.

II). Receiving crime reports

Url Additional information:

— 152 Code of Criminal Procedure

place of investigation

5) A report of a crime, regardless of the place and time of the commission of the criminal act, the completeness of the information reported and the form of presentation, as well as jurisdiction, is subject to mandatory acceptance by all investigative bodies of the Investigative Committee.

6) In publicly accessible premises of the administrative buildings of the investigative bodies of the Investigative Committee, the following are placed on stands:

— extracts from the provisions of the Code of Criminal Procedure and these Instructions regulating the procedure for receiving reports of a crime.

- samples of a written statement about a crime, a statement of confession

.

a list of officials of the investigative body of the Investigative Committee who are competent and authorized to accept statements about a crime and statements of confession, as well as draw up a protocol for accepting an oral statement

about the crime and the protocol of confession.

information about the place, days and hours of personal reception of citizens by the head of the investigative body and his deputy.

- information about officials of the investigative bodies of the Investigative Committee, prosecutors and courts (position, full name, address of the body), who, in accordance with the Code of Criminal Procedure

Actions (inaction) and decisions of the investigator and the head of the investigative body may be appealed.

In addition, such information can be brought to the attention of citizens in whole or in part through the media and posted on the website of the investigative body of the Investigative Committee.

7) The officials specified in subparagraphs “a”, “b” of paragraph 2

of this Instruction. The officials specified in subparagraph “c” of paragraph 2 of these Instructions carry out the registration of reports of a crime if there is a corresponding order from the head of the investigative body of the Investigative Committee.

24-hour reception of crime reports is carried out by on-duty investigators of the investigative bodies of the Investigative Committee.

The absence of an investigator on duty is not a reason for the applicant to refuse to accept a statement of crime from him by the investigator, the head of the investigative body or his deputy who is not involved in duty.

The head of the investigative body of the Investigative Committee or his deputy receives citizens with complaints about the refusal of the head of the investigative body subordinate to him (his deputy) or the investigator to accept their statement of crime immediately.

9) The applicant who contacted the investigative body with an oral statement about the crime, in accordance with the requirements of Part 1 11 of the Code of Criminal Procedure

Part 1 141 of the Code of Criminal Procedure
must be explained .

Written statement about a crime in accordance with Part 1 141 of the Code of Criminal Procedure

must be signed by the applicant.

10) Oral statement of a crime on the basis of Part 3 141 of the Code of Criminal Procedure

is entered into the protocol, which is signed by the applicant and the person who accepted the application.
The protocol contains information about the applicant and his identification document, as well as, in accordance with Part 6 141 of the Code of Criminal Procedure
, a note warning the applicant about criminal liability for knowingly
false denunciation
, which is certified by the applicant’s signature.

If an oral report of a crime is made during an investigative action, then it is based on Part 4 141 of the Code of Criminal Procedure

entered into the protocol of the investigative action. At the same time, the protocol also makes a note warning the applicant about criminal liability for knowingly false denunciation, which is certified by the applicant’s signature.

11) In the event that the applicant cannot be personally present during the preparation of the protocol, his application on the basis of Part 5 141 of the Code of Criminal Procedure

is drawn up with a report on the discovery of signs of a crime in the manner prescribed by Article
143 of the Code of Criminal Procedure
.

12) Taking into account the requirements of Part 2 148 of the Code of Criminal Procedure

when receiving a written statement about a crime from an applicant or during its verification, the applicant should also be warned about criminal liability for knowingly false denunciation. The fact of such a warning is confirmed by the mark of the relevant official, which is certified by the signature of the applicant.

When making a decision to refuse to initiate a criminal case based on the results of checking a report of a crime related to the suspicion of its commission by a specific person or persons, the head of the investigative body, the investigator, the inquiry body are obliged to consider the issue of initiating a criminal case for knowingly false denunciation against the person, who declared or disseminated a false report of a crime ( Part 2 148 of the Criminal Procedure Code

).

Url Additional information:

PRACTICAL Aspects

How to make a confession

after detention

13) Statement of confession

can be done either in writing or orally.
An oral statement of confession is accepted and entered into the protocol in the manner established by Part 3 141 of the Code of Criminal Procedure
.

14) Messages about a crime committed or being prepared can be received from other sources, including: the media. requests and complaints from citizens. appeals from government and other organizations. information transmitted by telephone, telegraph and other means of communication.

Url Additional information:

- Part 3 148 Code of Criminal Procedure

refusal to initiate according to information in the media is published

A report of a crime disseminated in the media is checked by an investigator on behalf of the head of the investigative body of the Investigative Committee or his deputy ( Part 2 144 of the Code of Criminal Procedure

).

In accordance with Article 143 of the Code of Criminal Procedure

If information about circumstances indicating signs of a committed or impending crime is found in a message received from other sources, an appropriate report is drawn up by an authorized official.

A similar report is also drawn up in the absence of a statement from the victim or his legal representative, if the crime was committed against a person who, due to a dependent or helpless state or for other reasons, cannot defend his rights and legitimate interests.

Url Additional information:

If there is no information about the criminal

- Part 4 20 Code of Criminal Procedure

if not known - information about the criminal, a case is initiated

- Part 2 147 Code of Criminal Procedure

there is no information about the criminal - the judge refuses the application

- Part 1.1 319 Code of Criminal Procedure

if there is no information about the criminal, the materials are transferred to the police

— paragraph 29

Plenum No. 17 the victim lacks information about the perpetrator

For other reasons in accordance with Part 4 20 of the Code of Criminal Procedure

This also applies to the case of a crime being committed by a person whose details are unknown.

15) An official who, in accordance with his powers, has personally accepted a written or oral statement about a crime from the applicant, is obliged to issue the applicant a document confirming the acceptance of the crime report, indicating information about the person who received it, as well as the date and time of its acceptance ( Part 4 144 Code of Criminal Procedure

). Such a document is a notification coupon about the acceptance and registration of an application for a crime, indicating the time, date of its acceptance, registration number and information about the person who accepted it, which is issued to the applicant upon signature on the coupon stub.

16) Forms of coupons-notifications and coupons-stubs are documents of strict accountability. Completed coupon stubs are handed over to a specially authorized official of the investigative body of the Investigative Committee for reporting and organizing their storage for a year from the date of issuance of the coupon notification to the applicant.

17) Accepted reports of a crime are immediately reported to the head of the investigative body

Investigative Committee or its deputy.

III). Crime Reporting

18) To register received and accepted reports of a crime, ensure control over compliance with the deadlines for their verification and the results obtained, as well as the adoption of procedural decisions in the investigative bodies of the Investigative Committee, a book for registering reports of a crime (hereinafter referred to as the book) is maintained.

The book contains the following information:

a serial number assigned to a reported crime.

date and time of its adoption.

information about the applicant.

information about the official who received the report of the crime.

registration number of the notification coupon issued to the applicant.

summary of the crime report.

position, name of the official entrusted with checking the crime report, his signature and date.

information about the procedural decision taken and the date of its adoption.

date and results of verification of the procedural decision on the report of a crime by the head of the investigative body.

The “Note” column contains information about the source of the crime report. about the person in respect of whom the inspection was carried out. about the period of verification, as well as other significant information for the proper organization of procedural control (including information about the cancellation of procedural decisions on reports of a crime by the prosecutor). The content of the entries in this column of the book is determined by the head of the investigative body of the Investigative Committee or his deputy.

19) Responsibilities for maintaining a book and registering reports of a crime in it are assigned by the organizational and administrative document of the head of the investigative body of the Investigative Committee to one of the subordinate employees (employees, federal civil servants).

The functions of registering reports of a crime during non-working hours, holidays and weekends may also be assigned to on-duty investigators of the investigative bodies of the Investigative Committee.

The head of the investigative body weekly monitors the completeness and correctness of the book, putting a note in it about the inspection carried out and its results.

20) Statements and appeals that do not contain information about circumstances indicating signs of a crime are not subject to registration in the Book

and do not require procedural verification in the manner prescribed by Articles
144 of the Code of Criminal Procedure
,
145 of the Code of Criminal Procedure
.

In this regard, statements and appeals in which applicants express disagreement with decisions made by judges, prosecutors, heads of investigative bodies, investigators or other employees of investigative bodies, express an assumption that the complained of actions of these persons committed an official crime and raise the question are not subject to registration in the book to bring these persons to criminal liability without providing specific data on the signs of a crime.

In the event of receipt of the specified application, appeal from a citizen personally to the investigator on duty, investigator, head of the investigative body

during a personal reception, it is subject to mandatory acceptance against the signature of the relevant official, while a notification coupon is not issued to the applicant.

The applicant is given an explanation that verification of the legality and validity of decisions made by officials in the exercise of their powers is carried out according to the rules established by the relevant procedural legislation, and cannot be replaced by the initiation of criminal prosecution against the officials who made them.

Such statements and appeals are registered as incoming documents and are considered in the manner established by Article 124 of the Code of Criminal Procedure

or
the Law
on Citizens' Appeals, as well as the relevant organizational and administrative documents of the Investigative Committee. Applicants are notified in writing by the head of the investigative body of the Investigative Committee or his deputy about the decision made, with an explanation of the right and procedure for appealing it. The response also indicates specific circumstances confirming the absence of grounds provided for in the Criminal Procedure Code for conducting an appropriate procedural check.

In a response to a statement or appeal in which the applicant expresses an assumption that the court decision is unfair, the applicant is explained the right to appeal it in the manner established by law, and the statement or appeal is sent to a higher judicial body or prosecutorial authorities.

21) The official who received the report of the crime is obliged to take measures to immediately register it in the book maintained by the investigative body of the Investigative Committee in which he serves, unless otherwise established by these Instructions.

Url Additional information:

-
P . 2
of Plenum No. 1 appealing the refusal to accept a report of a crime

22) Unreasonable refusal of an authorized official to accept a statement of a crime, failure to enter a report of a crime into the Book

registration of reports of a crime, as well as an unfounded refusal to issue the applicant a coupon notification of the acceptance and registration of this application are unacceptable.

23) If there are reasons preventing an official from registering a message about a crime received by him within 3 hours, information about such a message can be entered into the book on the basis of information transmitted (received) through various communication channels.

24) Report

on the discovery of circumstances indicating signs of a crime, compiled based on a report of a crime disseminated in the media, is registered in the investigative body of the Investigative Committee in which it was compiled.

25) Duly certified copies (extracts) of the minutes of the court hearing and the minutes of investigative actions received under investigative jurisdiction with oral reports of other crimes included in them are subject to registration in the investigative body of the Investigative Committee to which they were received for verification.

26) Registration in the Book

are subject to reports of a crime containing information about circumstances indicating signs of a crime, received with a decision to transfer a report of a crime under jurisdiction from another preliminary investigation body (including another investigative body of the Investigative Committee), regardless of the previously made registration.

27) Reports of a crime received from another preliminary investigation body of a federal executive body (under a federal executive body) without a resolution to transfer a report of a crime within jurisdiction and without a corresponding decision of the prosecutor, if they contain information about the circumstances, are also subject to registration in the Book indicating signs of a crime. In this case, the authorized official who received this message draws up a report in the manner established by Article 143 of the Code of Criminal Procedure

.

28) Anonymous reports of a crime received by the investigative body of the Investigative Committee in accordance with Part 7 141 of the Code of Criminal Procedure

cannot serve as a basis for initiating a criminal case.

If the information indicated in such messages about a crime committed or being prepared requires immediate verification, then, by decision of the head of the investigative body of the Investigative Committee or his deputy, it must be immediately transferred to the relevant body

carrying out operational investigative activities, or another state body in accordance with its competence.

29) It is prohibited to reflect in the book information about the private life of the applicant (victim), as well as other confidential information protected by law, that has become known.

30) Responsibility for receiving and registering reports of a crime rests with the head of the investigative body of the Investigative Committee.

IV). Checking crime reports

31) Accepted reports of a crime after their registration are transferred on behalf of the head of the investigative body of the Investigative Committee or his deputy to an authorized official against signature for verification, about which a corresponding note is made in the book.

32) During the verification of reports of a crime, authorized officials of the Investigative Committee, within the powers granted by the Code of Criminal Procedure, and depending on the specific circumstances, carry out initial investigative and other procedural actions, including:

— inspection of the scene of the incident ( Part 2 176 of the Code of Criminal Procedure

).

- examination of the corpse ( part 4 178 of the Code of Criminal Procedure

).

— examination ( part 1 179 of the Code of Criminal Procedure

).

- appointment of documentary checks, audits, studies of documents, objects, corpses, sending to the inquiry body a mandatory written order to carry out operational investigative activities ( Part 1 144 of the Code of Criminal Procedure

).

- requesting documents and materials from the relevant media that confirm information about the crime, as well as information about the person who provided the information ( Part 2 144 of the Code of Criminal Procedure

).

— obtaining explanations (clause 3, part 1, 7 of Federal Law No. 403-FZ “On the Investigative Committee”).

When checking reports of a crime, authorized officials of the investigative bodies of the Investigative Committee have the right to involve specialists in documentary checks, audits, and research ( Part 1 144 of the Code of Criminal Procedure

).

33) If, when checking a report of a crime, it is determined that it is subject to transfer to another preliminary investigation body (including another investigative body (unit) of the Investigative Committee), and in criminal cases of private prosecution in accordance with Part 2 20 of the Code of Criminal Procedure

- to the court, then the authorized official of the investigative body of the Investigative Committee makes a decision to transfer the report of the crime within the jurisdiction or to the court.
about the decision made on the basis of Part 2 145 of the Code of Criminal Procedure
with an explanation of the right and procedure for appealing it.

The head of the investigative body (unit) of the Investigative Committee or his deputy within 24 hours sends the above resolution, together with a report of the crime and, if available, with other documents (including the discovery and seizure of traces of the crime and other evidence) to the relevant investigative body ( division) of the Investigative Committee, to the court of jurisdiction or to the prosecutor in accordance with paragraph 12, part 2, 37 of the Code of Criminal Procedure

to transfer materials from checking a crime report to another preliminary investigation body of the federal executive body (under the federal executive body) with jurisdiction.

Copies of this resolution and the report of the crime must be attached to the corresponding nomenclature file of the investigative body of the Investigative Committee. Information contained in a report of a crime requiring urgent response measures, or a resolution with such a report, must first be transferred to the relevant investigative body by telephone, fax or other communication.

The decision to transfer a report of a crime within the jurisdiction (including to another investigative body (unit) of the Investigative Committee) or to the court under jurisdiction is reflected in the book indicating the name of the investigative body (prosecutor's office, court) to which the message was sent, the date and number of the outgoing document.

34) If, when considering a report of a crime, circumstances are additionally established that indicate signs of another crime under investigation by another preliminary investigation body, a corresponding report

about detection of signs of a crime.
The decision on such a report of a crime is made in the manner established by paragraph 33
of these Instructions. Along with the report and the decision to transmit a report of a crime within the jurisdiction, if necessary, copies of the verification materials of the main report of the crime, during the consideration of which the report was drawn up, are sent.

35) A message about the same crime, received by the investigative body (unit) of the Investigative Committee later than a previously registered message (additional message about a crime), is registered in the book and attached to a previously registered message about the same crime (to the material of the procedural check or the initiated criminal case), about which a corresponding note is made in the book and the applicant is notified.

If, upon receipt of an additional message about a crime, it is established that, based on the results of consideration of another, previously registered, message about the same crime, a decision was made to transfer it under jurisdiction, such a message, by decision of the head of the investigative body of the Investigative Committee or his deputy, is also transferred under jurisdiction .

The receipt by the investigative body of the Investigative Committee of an additional report about a crime, which contains information and arguments that have not been previously verified, is the basis for checking, in the manner of procedural control, the legality of the decision made to refuse to initiate a criminal case on a previously registered report of a crime (on the suspension of the preliminary investigation or termination of a criminal case (criminal prosecution).

36) When checking a report of a crime, an authorized official of the investigative body of the Investigative Committee, taking into account the information contained in the report that requires an immediate response, is obliged, within the limits of his powers, to immediately take measures to prevent and suppress the crime, as well as to detect and record traces of the crime and other evidence , requiring securing, removal and research.

The investigator must constantly inform the head of the investigative body of the Investigative Committee or his deputy about the measures taken to report a crime and their results in order to determine the need to take additional organizational measures.

37) Verification of a crime report must be completed in accordance with Part 1 144 of the Code of Criminal Procedure

within no later than 3 days from the date of receipt of the report of the crime by the investigative body of the Investigative Committee.

At the motivated request of the investigator, the period for checking a crime report may be extended by the head of the investigative body of the Investigative Committee or his deputy in accordance with Part 3 144 of the Code of Criminal Procedure

up to 10 days, and if it is necessary to carry out documentary checks, audits, studies of documents, objects, corpses - up to 30 days with the obligatory indication of the specific circumstances that served as the basis for such an extension.

38) A request to extend the inspection period is drawn up in accordance with paragraph 25 of Article 5 of the Code of Criminal Procedure

by resolution. The original of the resolution is attached to the inspection materials, and its copy is attached to the corresponding nomenclature file of the investigative body of the Investigative Committee.

Information about the extension of the period for checking a crime report is reflected in the book.

39) Control over compliance with the deadlines for checking reports of a crime is assigned to the heads of investigative bodies (divisions) of the Investigative Committee, which are in charge of the materials for checking reports of a crime.

If violations of the deadlines for checking a report of a crime are detected, the head of the investigative body (unit) of the Investigative Committee must immediately take measures to make a legal and informed decision on the report of a crime, establish and eliminate the circumstances that resulted in the violations, and, if necessary, take enforcement action against officials who committed violations.

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How to write a complaint against the police

In case of excess of authority and established restrictions during the performance of official duties, citizens can write a complaint against the actions of the police, including to the Investigative Committee.

The general writing requirements are identical to statements that are written in response to unlawful actions of the investigator. The document also describes in detail the circumstances that preceded the unlawful act on the part of the police.

When drawing up a claim, the emphasis is on Article 3-FZ “On the Police”, which provides for service instructions for the work of police officers.

Subjects

The Criminal Procedure Code of the Russian Federation, 147 defines employees of state bodies authorized to initiate cases:

1. In relation to acts of minor, moderate gravity: bodies of inquiry or interrogators (represented by authorized persons of the Military Police of the Armed Forces of the Russian Federation, the State Fire Supervision of the Federal Fire Service (in case of damage through fires), the Ministry of Internal Affairs of the Russian Federation, the Border Service of the FSB of Russia, the Investigative Committee of the Russian Federation, Foreign Intelligence Service of the Russian Federation, Federal Security Service of the Russian Federation, Federal Penitentiary Service, Federal Security Service of the Russian Federation, Federal Bailiff Service, Federal Customs Service of Russia).
2. In relation to unlawful acts of public, private-public and private prosecution (including murder, robbery, robbery, theft), distributed by Article 151 of the Code of Criminal Procedure of the Russian Federation according to jurisdiction: heads of the investigative body and investigators (represented by officials of the Ministry of Internal Affairs of the Russian Federation, the Investigative Committee of the Russian Federation , Federal Security Service).

This is a general list of authorized persons performing the functional load at the pre-investigation stage of criminal prosecution.

In addition, the functions of initiating a case in accordance with Article 146 of the Code of Criminal Procedure can be transferred to:

• captains of sea and river vessels on long voyages;
• heads of geological exploration parties and wintering camps, heads of Russian Antarctic stations and seasonal field bases remote from the locations of the investigative bodies - in criminal cases of crimes committed at the location of these parties, wintering quarters, stations, seasonal field bases;
• heads of diplomatic missions and consular institutions of the Russian Federation, if the crime was committed within the territory of such a mission or institution.

In a situation where the suspects (accused) in the case are presumably representatives of the law enforcement system or holders of special legal statuses, the right to initiate criminal proceedings in accordance with Article 448 of the Code of Criminal Procedure is transferred to special entities, and may be accompanied by additional procedures:

How to write a complaint against an employer

Statements about violations of labor legislation are not considered so often by the Investigative Committee, but when such requests are received, representatives of the committee are obliged to respond to them. In most cases, collective complaints are sent to the Investigative Committee with claims against the employer for systematic abuse of official authority and non-payment of wages.

In the process of writing the paper, the essence of the appeal is outlined in detail. If necessary, you can consult a lawyer if you do not have a clear understanding of how to correctly draw up a document. Applicants need to remember that if they indicate false data in a document, they may be prosecuted under Art. 306 of the Criminal Code of the Russian Federation.

Application for criminal prosecution

A person who has become a victim of a criminal must report the incident to the police . This is possible when, as a result of the crime, he did not suffer to such an extent that would prevent him from contacting law enforcement officers.

According to the Code of Criminal Procedure of the Russian Federation, a statement about a crime can be submitted in two forms: oral and written.

The application must be correctly addressed to the jurisdiction . To do this, you will need to find out what cases are being considered by a particular court, which judicial district the territory in which the crime was committed belongs to. The same information must be obtained in relation to territorial police departments.

An oral statement has a number of features:

• An oral statement about a crime is entered into a special protocol;
• The protocol is signed by the applicant and the person who accepted it;
• The protocol must indicate the applicant’s details;
• When an oral report is announced as part of investigative actions or court hearings, it is recorded directly in the protocols of these procedural events;
• If the applicant cannot be present when the protocol is drawn up, the report of the crime is formalized as a report.

Always, when making an oral or written statement about initiating a criminal case, the applicant is warned about liability for knowingly false denunciation.

A criminal case cannot be initiated on the basis of an anonymous complaint about a crime.

Although the case cannot be initiated after an anonymous denunciation, investigative actions that are permitted to be carried out before the initiation of a criminal case can still be carried out on the basis of it. After the crime is confirmed, the case will simply be opened on other grounds.

What are the consequences of knowingly false denunciation?

All applicants for crimes are warned about liability for false denunciation . If during the investigative actions or trial it is proven that the information contained in the application is fabrication, the applicant will be liable under Art. 306 of the Criminal Code of the Russian Federation.

False denunciation is also a criminal offense. The victim of such an act can quickly change his status to a defendant in a new case.

According to Art. 306 of the Criminal Code of the Russian Federation provides for the following liability for false denunciation:

• Fine up to 120 thousand rubles;
• Imprisonment for up to 2 years;
• In case of false accusation of committing grave or especially grave crimes - a fine of up to 300 thousand rubles or 3 years in prison;
• Charge with intentional falsification of evidence - 6 years in prison.

This is a reason for you to think twice before slandering innocent people.

How to write an application correctly?

Your application must be accepted regardless of whether it is printed or handwritten. The faster you write it, the better and the greater the chances of finding the attacker and quickly restoring the violated rights.

How to write an application to initiate a criminal case? The requirements for filing an application to initiate a criminal case are as follows:

• The name of the addressee indicating the head of the police department or prosecutor's office where the application is being submitted.
• Contact details of the applicant (full name, address and telephone number for feedback).
• The word “statement” must be written in the center.
• Description of the circumstances of what happened with maximum detail of the events (date, time, place, witnesses, evidence, weapons of the crime).
• Information about the criminal, what is known (name, signs, addresses or telephone numbers).
• A paragraph stating that the applicant is aware of the liability under the article for false denunciation.
• List of attached documents. The longer this list is, the greater the likelihood of initiating a criminal case.
• Date of application and signature of the applicant.

If the application is submitted by an authorized person, it must indicate the details of this subject.

As a rule, in each police department or at the judicial station, sample statements are presented on stands, for which it will not be difficult to prepare a document.

Initiating a criminal case without a statement from the victim is possible if, due to his dependent or helpless position, he cannot file it on his own. Then the investigators themselves will deal with this matter.

How to write a complaint against a judge

A judge is a separate participant in criminal and civil trials, enjoying immunity. But if he commits a crime or offense, he can also be brought to criminal or administrative liability through removal of judicial immunity (FZ-3132-1 “On the status of judges of the Russian Federation”).

The procedure is complex, therefore, in order to carry it out, the claim on the part of the victim must be justified and supported by evidence. One of the options for holding a judge accountable is a complaint to the Investigative Committee. The agency has the right to carry out investigative actions against judges, but the decision to initiate criminal proceedings is made only by the chairman of the committee.

The document also consists of an introductory, descriptive, pleading part and an appendix, which indicates the attached documents. The standard review period is 30 days.

Where to file an application to initiate a criminal case?

Even if you geographically incorrectly determine the department to which you submit your application, it will subsequently be correctly redirected to the right authority.

Several authorities can initiate criminal cases in the country, in particular:

• Prosecutor's office . It oversees compliance with the law and can independently initiate cases or consider complaints against police who have refused to initiate criminal proceedings.
• Inquiry bodies . Investigators initiate those cases that require preliminary investigative actions, after which they transfer them to investigation.
• Investigative authorities and police . They initiate any cases, carry out various investigative measures and actions.
• Courts . Only private prosecution cases are initiated when the victim’s application is submitted directly to the court. This procedure applies to three types of crimes: slander, battery and causing minor harm to health.

It is best to file a complaint with the police or simply call 02 . When the police arrive at the scene of the incident, you will be able to fill out an application to initiate a criminal case right in front of them.

But there are cases when an application is refused . There must be good reasons for this, such as:

• The absence of the crime itself;
• The statute of limitations for prosecution under this article has exceeded the deadline;
• The suspect in the case died;
• The criminal act falls into the category of administrative offenses, not criminal offenses.

The written application must be submitted in two copies, the second of which must bear a mark indicating its acceptance.

If you do not have an acceptance mark, it will be difficult to control the procedural deadlines for initiating a criminal case. The application itself is entered into the crime register, and the applicant receives a special coupon.

If police officers unreasonably or illegally refuse to accept an application to initiate a criminal case, their actions must be appealed to higher authorities.

Refusal to accept a complaint to the Investigative Committee

Acceptance of an application may be refused:

• in the absence of corpus delicti in the reflected facts;
• the application cannot be considered by the Investigative Committee, since this is not within the competence of the body - in such cases, an explanation is made about which department has the right to consider such documents;
• rude and aggressive behavior of the applicant or being intoxicated.

Even if the document is accepted for consideration, the result for the applicant can be either positive or negative. If a citizen is not satisfied with the decision of the Investigative Committee, he has the right to appeal to higher authorities or send a statement of claim to the court.

Reasons for initiating a case

In Art. 140 of the Code of Criminal Procedure of the Russian Federation stipulates several grounds for initiating a criminal case. Among them are:

• Prosecutor's resolution on resolving the issue of criminal prosecution;
• Confession;
• Receipt of a crime report;
• Reporting a crime.

Most criminal cases are initiated precisely on the basis of a statement of crime received from the victim.

Expert opinion

Morozov Ivan Severinovich

Legal consultant with 6 years of experience. Specialization: criminal law. Has experience in defense in court.

The victim, having suffered from the suspect, is more interested in doing justice and restoring justice than anyone else. Less frequently, but still received, are statements from witnesses to the incident.

But in this case, stories often arise when overly impressionable people run to the police even when there is no evidence of a crime or the incident was misunderstood by them.