The indictment is drawn up based on the results of the investigation stage. An indictment is a procedural document that records the circumstances, substantiates the evidence, and reflects the decision of the inquiry body to prosecute a person under criminal law. It also defines the limits of prosecution for sentencing.
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What is the difference between an investigation and an inquiry?
The research of the issues is carried out by analyzing the existing scientific works of the authors on this topic.
In the theory of criminal procedure, a large number of scientific works by various authors are devoted to the topic of inquiry and preliminary investigation. The main issues of the topics under study were the place of these two forms of criminal procedural activity in the preliminary investigation, their differences from each other and the characteristics of each as a form of preliminary investigation, and all these issues, one way or another, are intertwined.
The current Code of Criminal Procedure of the Russian Federation in paragraph 8 of Art. 5 considers inquiry as a type of preliminary investigation carried out by an investigator, in criminal cases in which a preliminary investigation is not necessary. Although previously an inquiry was also called an activity for which a preliminary investigation is mandatory. Now, clause 19 of Art. 5 of the Code of Criminal Procedure of the Russian Federation classifies this form as an urgent investigative action. Unlike inquiry, preliminary investigation is understood as a form of preliminary investigation, consisting of procedural actions and decisions, including the implementation of investigative actions, the use of criminal coercive measures, the involvement of persons as accused in the case, etc.
Basic requirements for the document
As noted above, the conclusion is drawn up and drawn up by employees of the investigative authorities. The law regulates clear rules and requirements regarding the structure and general process of document execution.
You cannot break the established rules. This will exclude the possibility of subsequent movement of the criminal case and its consideration in court.
The conclusion should be taken as seriously as possible. Only if the structure and rules of execution are observed, the document will acquire the required legal force. A well-drafted document will not allow the criminal to avoid punishment.
An important point is that the conclusion is drawn up exclusively in a single copy. The number of defendants in one case does not matter.
What other documents are there?
- All documents from the “Conclusion” section
- Categories of all standard samples and document forms
What else to download on the topic “Conclusion”:
- Recommended forms of forms for registration of materials on technical condition control. Conclusion (Protocol) of measuring the radius and ovality of bent pipeline bends
- Recommended forms of forms for registration of materials on monitoring the technical condition of the pipeline. Conclusion on measuring the wall thickness of pipeline tees and tie-ins
- Sample conclusion form for the section “Engineering and technical measures of civil defense. Measures to prevent emergency situations” construction project, construction project of a civil defense facility. Form N 3
- Sample form of conclusion on the possibility of issuing a license with the right to develop the section “Engineering and technical measures of civil defense. Measures to prevent emergency situations” of the construction project. Form N 4
- Sample conclusion of the industrial safety examination of fire protection projects for coal mines and hazardous production facilities in the coal industry
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Award rules
After the official paper is approved, the prosecutor sends the case to court. This is an important process of which the accused, his defense and other interested parties must be notified.
When notifying that a case has been sent to court, the prosecutor must explain what rights all participants in the proceedings have. In particular, every person has the right to request a public preliminary hearing.
The duties of the prosecutor include delivering the report and all attached documents to the accused himself. The victim of a crime and the defender of the perpetrator can also receive the paper, but only in the form of a copy.
If a citizen has already been arrested, a copy of the charges is given to him at the place of his temporary detention - a pre-trial detention center and a pre-trial detention center. The prosecutor draws up a special order and transmits it through the administration. A copy is handed over only against signature and then presented in court.
If the culprit refuses the paper, if he makes attempts to evade accepting the paper, the prosecutor has the right to redirect the case directly to the court. In such a situation, a special paper is drawn up, which states the reason why the conclusion was not handed over to the accused personally.
What it is
The indictment of the Criminal Procedure Code in the Russian Federation is a procedural act that contains conclusions about the investigative work done and forms the outcome of the investigation.
The issuance of such a paper will mean the completion of the preliminary investigation stage and the transfer of the case to the prosecutor for prosecution.
In criminal proceedings, such a document acts as an appeal from law enforcement officers to the court, so that the case is resolved through legal proceedings and a sentence is passed. Such an act can only come from persons carrying out investigative measures.
Art. 220 in the Code of Criminal Procedure of the Russian Federation, as well as the commentary to it, establish the requirements, tasks and goals of such an act.
In addition, such a paper must always meet a number of requirements for its content and order of preparation:
- the events of the crime should be specifically indicated and the events should be individualized in relation to the accused;
- if there are several elements, for example, murder and theft, all events should be reflected here in detail, but with specification of each of them;
- the sample of any accusation presupposes the absence of information that violates the interests of the criminal, exaggerating the degree of his guilt;
- evidence in the case should not be presented, as this may cause pressure on the prosecutor and the court before they conduct a detailed and independent study of the case materials;
- all events must be reflected either in chronological order or systematically; a combination of these methods of displaying information for several criminal episodes is allowed;
- accusing a person when adopting the specified act should be with the same wording as when drawing up a resolution to bring him in as a suspect;
- the document must contain references to the case materials, despite the fact that there should not be a direct reference to evidence;
- It is always necessary to draw up an annex, indicate the persons involved in the case, a list of evidence, but without explaining it, and so on.
The document, signed exclusively by the investigator, is ultimately transferred to higher authorities. The document must be approved by the leadership of the investigative agency, as well as by the prosecutor.
Accordingly, based on the essence of the prosecution’s conclusion, it performs several functions at once, since it is an integral part of solving the crime. Firstly, the indictment document forms the result of the investigator’s work, draws conclusions that must subsequently be verified and applied as a basis when making a decision by the court.
Secondly, the presence of the procedural act in question guarantees legality. Changing the information is not allowed after it has been signed and approved at the discretion of the participants in the investigation, which ensures the protection of the interests of the perpetrators.
In addition, control by the prosecutor’s office also makes it possible to bring the results of the investigators’ work to legality and justice.
And thirdly, any violations associated with the preparation and adoption of the indictment exclude the possibility of further transfer of the case to higher authorities. Completing all stages of the investigation guarantees its legality and will not allow the perpetrator to escape punishment due to procedural shortcomings in the case.
Registration procedure
The conclusion on the charges brought is drawn up by the investigator working directly on the case. It must be certified by his signature.
The document is not executed at any time, but subject to the obligatory conditions and measures taken:
- Investigation examinations and other activities were carried out.
- The available materials have been thoroughly researched and probable versions of the crime have been verified.
- The collected facts turned out to be exhaustive for the official prosecution and trial.
After checking the correctly drawn up conclusion, signing and receiving official consent from the head of the investigative committee, the investigator working on the case sends the paper to the prosecutor's office.
The prosecutor must study the paper and make an appropriate decision. This takes from 10 to 30 days. After studying the case and the papers presented, he can make one of three decisions:
- Approval of the document drawn up by the investigator and sending it to the court.
- Return of the case if procedural shortcomings were identified.
- Sending the case and related documents to a higher prosecutor. He must approve all papers.
Basic concept and purpose of the document
The indictment in pending cases is quite important for the process. After the execution of this document, which reflects the results of the investigative work, the preliminary investigation is completely terminated. All documents related to the case are transferred to the prosecutor's office and then sent to the court.
If there is no conclusion, subsequent trial and punishment of the offender will be impossible.
The indictment document contains all the results of the investigation. A predetermined verdict of guilty is written. This is an official certificate of transfer of the opened case for subsequent proceedings in the courts.
Having received a conclusion about the accusation, the investigator declares the official preliminary investigation completed. The evidence presented is perceived as conclusive for bringing a legitimate charge.
The process of investigating criminal acts and punishing criminals is regulated by the modern Criminal Code and procedural legislation. It is for this reason that quite strict requirements are imposed on the official conclusion, as an important document.
