Preparing to inspect the scene of the incident
Inspection of the crime scene can be defined as an urgent, initial investigative action, consisting of a direct examination by the investigator of the situation at the scene of the crime, the traces and other objects located on it, their recording and removal in order to obtain factual data relevant for the detection and investigation of the crime.
The success of the crime scene examination largely depends on how well the investigator prepared for it. However, it should be noted that there is usually no time for its thorough preparation, since going to the scene of the incident must be carried out immediately after receiving a report of the incident.
The stage of preparation for the inspection of the scene of the incident is divided into two stages, providing for:
- actions of the investigator before leaving for the scene of the incident;
- actions of the investigator upon arrival at the scene of the incident.
Actions of the investigator before leaving the scene of the incident
At the first stage, having received a report of an incident, the investigator must first of all:
- clarify what happened and where,
- take measures to provide assistance to the victims, if it has not already been provided,
- take measures to restore order and safety of citizens in areas adjacent to the scene of the incident;
- take urgent measures to protect the scene of the incident, ensure the presence of eyewitnesses before the investigator arrives;
- when preparing for departure, check the availability of technical equipment;
- order (ensure the availability) of vehicles necessary to go to the scene of the incident, to send the victim to the hospital, the corpse to the morgue, to deliver material evidence seized from the scene of the incident;
- determine the circle of persons who should participate in the inspection (police operatives, specialists in the field of forensic science, forensic medicine, fire protection, etc.).
The scene of the incident must be preserved in its original, unchanged form. Its protection can be carried out by persons who discovered the incident and reported it, police officers, administration of enterprises and institutions, employees of local authorities, etc.
Actions of the investigator upon arrival at the scene of the incident
Upon arrival at the scene of the incident, the investigator:
- makes sure that assistance has been provided to the victim;
- checks whether the situation at the scene of the incident has changed (based on a brief interview with the victim, eyewitnesses and other persons who were there);
- removes unauthorized persons;
- defines the role of each inspection participant, explains to them their rights and responsibilities;
- gives orders to police officers to carry out operational search activities (identifying crime suspects, eyewitnesses, witnesses, identifying places where stolen property is hidden, the crime weapon, etc.).
Upon completion of the preparatory activities, the investigator begins to inspect the scene of the incident. In order to better organize work at the scene of an incident, standard programs are drawn up and actively used - algorithms for the actions of members of the investigative and operational team.
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1.2
Document composition options
The procedure for developing instructions for its employees is defined in Order of the Ministry of Internal Affairs dated February 1, 2018 No. 50. Section IX, paragraphs 174-184, contains the main characteristics that the instructions for employees of the Ministry of Internal Affairs must comply with. According to these points, the document must include 4 mandatory parts:
- General provisions.
- Job responsibilities.
- Responsibility of the investigator.
- Employee rights.
Basic requirements for the content of these sections are also specified in this regulatory act. Any instructions used in the units of the Ministry of Internal Affairs must be drawn up taking into account the provisions of this Order and the relevant sections of the Federal Law “On Police”.
General provisions
This section contains a description of the basic parameters of the employee’s activities. It must contain:
- List of norms regulating its activities.
- Temporary replacement procedure.
- Activity schedule data.
- Other data included at the discretion of department management.
Attention! Since the volume of the section is not always able to accommodate the list of characteristics, it can refer to the relevant internal documents available to the employee (duty schedule, etc.).
Responsibilities
This part contains a comprehensive list of the employee's job functions. In some departments they may differ, depending on their regional and profile characteristics, but the main part remains unchanged. Registered:
- Basic functions required for the investigator position.
- Auxiliary, mainly related to document processing.
- Basic, mandatory for all professions: comply with labor discipline, fire safety, etc.
Attention! When writing this section, you can focus on professional standard 09.001, which describes the characteristics of a forensic investigator. It was approved by the Ministry of Labor on April 7, 2015.
Responsibility
The section lists cases when a specialist can be held accountable. It can be administrative, disciplinary and, in some cases, criminal in nature. Since the degree of punishment and the degree of guilt of the employee are determined in the process of administrative and judicial proceedings, their detailed consideration with all the nuances is beyond the scope of the instructions. This results in a section that is small in size and has a general format.
Rights
The rights of the investigator are based on the articles of the Code of Criminal Procedure, primarily on Article 38. They indicate the boundaries of his official powers and capabilities. In addition to them, the investigator has the rights guaranteed to all employees in Article 21 of the Labor Code.
Job descriptions are approved based on a certain standard:
- Drawing up the initial draft.
- Its review by the department's management and human resources specialist.
- Making the necessary corrections.
- Printing out the final version, taking into account office work standards.
- Collection of signatures of persons with whom the instructions were agreed upon.
- Endorsement of the final version by the head of the department.
After approval of the instructions is completed, the employee himself gets acquainted with it. This happens in the presence of the immediate supervisor; the employee must sign, agreeing with the contents of the document.
Attention! Clause 183 of Section IX of the Order of the Ministry of Internal Affairs dated February 1, 2018 No. 50 contains instructions for drawing up a job description in two copies. One of them is transferred to the employee, the other remains in the corresponding unit of the Ministry of Internal Affairs.
Job responsibilities of the duty investigator and other participants of the SOG.
Composition of the duty investigative and operational group (IOG). The investigator is the head of the SOG.
Job responsibilities of the duty investigator and other participants of the SOG.
The duty SOG is formed from among the employees on duty as part of the daily squad. The SOG consists of an investigator (inquirer), employees of operational units, a district police officer, a juvenile affairs unit, forensic units, and a dog handler.
Investigator - head of the SOG:
1. plans, coordinates the actions of the members of the JOG
2. determines the operating procedure of the SOG
3. gets acquainted with the relevant materials of the operational investigation and is responsible for their improper use
4. is responsible for the completeness and efficiency of the entire group
5. is responsible for the completeness of information, its recording and formation in inspection materials
Powers of the duty investigator
:
1. checks reports of crimes
2. collects information from all group members about the results of their work in writing
3. has the right to give instructions in writing and orally regarding the production of ORM.
Investigative Officer
:
1) Carry out checks on various accounts:
- operational and reference
- forensic
— forensic expert
2) Registers stolen items with individual numbers
3) Obligation to provide the results of the operational investigation to the investigator
District Commissioner
:
1) Informs the investigator about the circumstances known to him that are important for making a decision
2) Carry out the instructions of the investigator to identify and call eyewitnesses and other persons to the investigator
Forensic specialist
:
1) Documents the results of a preliminary study of traces or other objects with a certificate or issues an expert opinion
2) Submits a photo table or video materials to the protocol of inspection of the scene of the incident (within up to 5 days)
Dog handler
:
1) provides the investigator with a report on the use of a service-search dog.
2. The concept and types of reasons for initiating a criminal case. Procedural registration of reasons.
Reasons for VUD are legally significant actions that form legal facts with which the law connects the emergence of criminal procedural relations.
Reasons
to initiate a criminal case are:
1) statement of a crime; (written application - drawn up personally by the applicant; protocol for accepting an oral application - drawn up by an employee)
2) surrender; (statement of confession - the applicant personally; protocol of accepting the confession - employee)
3) a message about a crime committed or being prepared, received from other sources; (documented by an employee’s report)
4) the prosecutor’s decision to forward the relevant materials to the preliminary investigation body to resolve the issue of criminal prosecution. (prosecutor's resolution)
Are issued in writing.
3. Concept, types and classification of means (methods) of preliminary verification of applications
And crime reports.
Means of preliminary verification of statements and reports of crimes - investigative and other procedural actions carried out by authorized persons aimed at obtaining information and verifying statements and reports of crimes.
When checking a report of a crime, the inquiry officer, the inquiry body, the investigator, the head of the investigative body has the right to receive explanations, samples for comparative research, request documents and objects, seize them in the manner established by this Code, order a forensic examination, take part in its production and obtain a conclusion expert within a reasonable time, carry out an inspection of the scene of the incident, documents, objects, corpses, examination, demand documentary checks, audits, studies of documents, objects, corpses, involve specialists in these actions, give the body of inquiry a binding written order to carry out operational search activities.
4. Request and presentation of items and documents. Seizure of documents, objects and substances
Investigative actions carried out before the initiation of a criminal case.
Research of objects, documents, corpses. Carrying out inventories, audits, documentary checks. Expert opinion.
The study of objects and documents consists of the study of objects and documents that have retained traces of criminal activity, which were the instrument of a crime or its result, in order to detect crimes and persons involved in them. It is carried out by pre-VUD (on behalf of the authorities carrying out operational investigations) by special operational-technical and forensic units of the Ministry of Internal Affairs, the FSB of the Russian Federation and some other departments.
A documentary audit is understood as a system of control actions to verify the legality and validity of the business transactions of the audited organization, the correctness of their reflection in accounting and reporting. Inventory is a check of the availability of the organization’s property and the state of its financial obligations on a certain date by comparing actual data with accounting data.
A specialist’s conclusion is a judgment presented in writing on issues posed to the specialist by the parties. A specialist is considered a person who has special knowledge and is involved in participation in procedural actions in the manner established by the Code of Criminal Procedure. In Part 1 of Art. 144 of the Code of Criminal Procedure also provides for the involvement of specialists at the stage of initiating a criminal case to participate in documentary checks or audits carried out in connection with the investigation of reports of crimes.
Based on such data about the functions of a specialist in criminal proceedings, it can be argued that he is assigned, on the one hand, the role of an assistant in collecting and studying evidence and other data, and on the other, a participant in legal proceedings who, like an expert, can, through his actions, generate evidence used to establish the circumstances included in the subject of proof in a criminal case. Functioning as an assistant, the specialist assists the investigator, the interrogating officer, the accused and his defense attorney, other participants in legal proceedings on the prosecution and defense side in identifying evidence, recording and seizing it, in the qualified and effective use of technical means in the study of case materials, as well as in organizing such a complex procedural action as examination.
7. Time limits for preliminary verification of statements (reports) about crimes.
The procedure for extending the period for preliminary verification of a crime report.
The verification period is 3 days. The head of the investigative body, the head of the inquiry body has the right, at the motivated request of the investigator or interrogating officer, respectively, to extend the period established by part one of this article to 10 days. If it is necessary to carry out documentary checks, audits, forensic examinations, studies of documents, objects, corpses, as well as conduct operational search activities, the head of the investigative body at the request of the investigator, and the prosecutor at the request of the investigator, has the right to extend this period to 30 days with mandatory indication of specific, the actual circumstances that served as the basis for such an extension.
Requirements for a decision to initiate a criminal case.
Verbatim recording of testimony. Requirements for the interrogation protocol.
The interrogation is carried out at the place of production of the PS. The investigator has the right, if he deems it necessary, to conduct an interrogation at the location of the person being interrogated.
The interrogation cannot last continuously for more than 4 hours.
Continuation of the interrogation is allowed after a break of at least an hour for rest and eating, and the total duration of the interrogation during the day should not exceed 8 hours.
If there are medical indications, the duration of the interrogation is determined based on the doctor’s opinion.
A witness or victim is summoned for questioning by subpoena. The subpoena is handed to the person summoned for questioning against a signature or transmitted via communication means. In the event of the temporary absence of a person summoned for questioning, a subpoena is given to an adult member of his family or transferred to the administration at his place of work.
A person summoned for questioning must appear on time or notify the investigator in advance of the reasons for failure to appear. In case of failure to appear without good reason, the person summoned for questioning may be subject to arrest.
A person under the age of 16 is summoned for questioning through his legal representatives or through the administration at his place of work or study. A different procedure for calling for questioning is allowed only if it is caused by the circumstances of the criminal case.
The serviceman is summoned for questioning through the command of the military unit.
If the investigator has doubts whether the interrogated person speaks the language in which the criminal proceedings are being conducted, then he finds out in what language the interrogated person wishes to testify. (see text in the previous edition)
Asking leading questions is prohibited. Otherwise, the investigator is free to choose interrogation tactics.
The interrogated person has the right to use documents and records.
At the initiative of the investigator or at the request of the interrogated person, photography, audio and (or) video recording, filming may be carried out during the interrogation, the materials of which are stored in the criminal case and are sealed at the end of the preliminary investigation.
The progress and results of the interrogation are reflected in the protocol. The testimony of the interrogated person is recorded in the first person and, if possible, verbatim. Questions and answers to them are recorded in the sequence that took place during the interrogation. All questions are recorded in the protocol, including those that were withdrawn by the investigator or that the interrogated person refused to answer, indicating the reasons for the challenge or refusal.
At the end of the interrogation, the protocol is presented to the person being interrogated for reading or, at his request, is read out by the investigator, about which a corresponding entry is made in the protocol. The interrogated person’s request for additions and clarification of the protocol is subject to mandatory satisfaction.
The protocol indicates all persons who participated in the interrogation. Each of them must sign the protocol, as well as all additions and clarifications made to it.
The interrogated person certifies the fact of familiarization with the testimony and the correctness of its recording with his signature at the end of the protocol. The interrogated person also signs each page of the protocol.
The content of the indictment for certain types of crimes (property; against the person; economic; illegal drug transactions; others). The procedure for describing in a resolution to implicate the accused the nature and extent of material damage caused by the crime.
The content of the indictment is formulated in the decision to bring the person as an accused as a description of a criminal act recognized as proven.
If there is sufficient evidence to provide grounds for accusing a person of committing a crime, the investigator makes a decision to charge this person as an accused.
The resolution must indicate:
1) date and place of its preparation;
2) who drew up the resolution;
3) last name, first name and patronymic of the person involved as an accused, day, month, year and place of his birth;
4) description of the crime indicating the time, place of its commission, as well as other circumstances to be proven
(see text in the previous edition)
5) paragraph, part, article of the Criminal Code of the Russian Federation, providing for liability for this crime;
6) a decision to charge a person as an accused in a criminal case under investigation.
In criminal proceedings the following must be proven:
1) the event of the crime (time, place, method and other circumstances of the crime);
2) the person’s guilt in committing a crime, the form of his guilt and motives;
3) circumstances characterizing the personality of the accused;
4) the nature and extent of the damage caused by the crime;
5) circumstances excluding criminality and punishability of the act;
6) circumstances mitigating and aggravating punishment;
7) circumstances that may entail release from criminal liability and punishment;
circumstances confirming that the property subject to confiscation in accordance with Article 104.1 of the Criminal Code of the Russian Federation was obtained as a result of the commission of a crime or is proceeds from this property or was used or intended for use as an instrument of crime or for the financing of terrorism, an organized group, illegal armed formation of a criminal community (criminal organization).
The nature and extent of the harm must be established for the correct qualification of the act, which is reflected in the decision to charge the person as an accused, in the indictment and conviction. In addition, the nature and extent of the harm caused affects the choice of preventive measure, and subsequently the type and amount of punishment imposed by the court. In addition, the nature and extent of the damage is established to ensure its compensation (compensation) if the victim files a civil claim, both during the preliminary investigation and at the judicial stages of criminal proceedings.
When establishing the nature and extent of harm, one should proceed from the types of harm defined in Art. 42 of the Code of Criminal Procedure of the Russian Federation. It is obvious that the nature of harm is its qualitative characteristic, and the size is quantitative.
The nature of the harm is indicated, first of all, by its belonging to one of three types: property, physical, moral. Property harm is caused by theft, damage, as well as destruction of property. In the first case, the harm is associated with the seizure of the item from the owner or legal possessor, in the second – with the loss of the item’s useful qualities, in the third – with the irreparable and irretrievable loss of the item itself. The amount of property damage is established based on the value and quantity of property that was stolen (damaged, destroyed).
Requirements for the form and content of a resolution to bring an accused. The legality, validity and motivation of the decision to charge as an accused.
If there is sufficient evidence to provide grounds for accusing a person of committing a crime, the investigator makes a decision to charge this person as an accused.
The resolution must indicate:
1) date and place of its preparation;
2) who drew up the resolution;
3) last name, first name and patronymic of the person involved as an accused, day, month, year and place of his birth;
4) description of the crime indicating the time, place of its commission, as well as other circumstances to be proven
(see text in the previous edition)
5) paragraph, part, article of the Criminal Code of the Russian Federation providing for liability for this crime;
6) a decision to charge a person as an accused in a criminal case under investigation.
When a person is accused of committing several crimes provided for by different paragraphs, parts, articles of the Criminal Code of the Russian Federation, the resolution to bring him as an accused must indicate what acts are charged with him under each of these provisions of the criminal law.
When several persons are brought as accused by one UD, a decision to bring as an accused is made in relation to each of them.
The main requirements for the content of the decision to bring the person as an accused are the specification of the criminal acts charged to the accused, especially when accusing a person of a crime committed as an accomplice or in a number of different crimes or in a multi-episode crime. Specification of the charge is a necessary condition for individualizing the responsibility of each accused, as well as ensuring the accused’s right to defense.
The wording of the charge in the decision to bring the person as an accused must be specific, understandable, covering all the criminally significant signs of the act charged to the accused, but at the same time, if possible, short and concise.
Invitation and appointment of a defender. Replacing a defender. Mandatory participation of a defense attorney. Analysis and legal assessment of the current practice of inviting and appointing a defense lawyer in criminal pre-trial proceedings.
A defense attorney is invited by the suspect, accused, his legal representative, as well as other persons on behalf of or with the consent of the suspect, accused. The suspect or accused has the right to invite several defense attorneys.
At the request of the suspect or accused, the participation of a defense attorney is ensured by the inquiry officer, investigator or court. (see text in the previous edition)
If the invited defense attorney fails to appear within 5 days from the date of filing a request to invite a defense attorney, the inquiry officer, investigator or court has the right to invite the suspect or accused to invite another defense attorney, and in case of his refusal, take measures to appoint a defense attorney. If a defense attorney participating in a criminal case cannot take part in a specific procedural action within 5 days, and the suspect or accused does not invite another defense attorney and does not apply for his appointment, then the inquiry officer or investigator has the right to carry out this procedural action without the participation of a defense attorney. (see . text in the previous edition)
If within 24 hours from the moment of detention of a suspect or the detention of a suspect or accused, the appearance of a defense attorney invited by him is impossible, then the inquiry officer or investigator takes measures to appoint a defense attorney. If the suspect or accused refuses the appointed defense attorney, investigative actions with the participation of the suspect or accused may be carried out without the participation of a defense attorney. If a lawyer participates in a preliminary investigation or trial by appointment of an inquirer, investigator or court, the costs of remunerating his labor are reimbursed from the federal budget.
The participation of a defense attorney in criminal proceedings is mandatory if:
1) the suspect, the accused did not refuse a defense lawyer
2) the suspect or accused is a minor;
3) the suspect or accused, due to physical or mental disabilities, cannot independently exercise his right to defense;
4) the suspect or accused does not speak the language in which the criminal proceedings are being conducted;
5) the person is accused of committing a crime for which a penalty of imprisonment for a term of more than fifteen years, life imprisonment or the death penalty may be imposed;
6) the criminal case is subject to trial by a court with the participation of a jury;
7) the accused filed a motion to consider the criminal case
the suspect filed a petition for an investigation in a criminal case in an abbreviated form
(see text in the previous edition)
31. The moment and procedure for admitting a defense lawyer to the preliminary investigation. Refusal of the defender. Procedural and organizational issues of ensuring the right of the accused (suspect) to defense
In pre-trial proceedings.
Every person detained, taken into custody, or accused of committing a crime has the right to have the assistance of a lawyer (defender), respectively, from the moment of detention, detention or arraignment.
A defense attorney participates in a criminal case from the moment: the initiation of a criminal case against a specific person; the actual detention of a person suspected of committing a crime, on the grounds and in the manner prescribed by law, as well as the application of a preventive measure to him before charges are filed, but not more than 10 days from the time of detention or application of a preventive measure in the form of detention; announcement to a person suspected of committing a crime of a resolution to order a forensic psychiatric examination; the beginning of the implementation of other measures of procedural coercion or other procedural actions affecting the rights and freedoms of a person suspected of committing a crime; making a decision to charge a person as an accused. The basis for the participation of a lawyer in criminal proceedings as a defender or representative is an agreement between the lawyer and the client for the provision of legal assistance, set out in a contract of assignment, which is drawn up in simple written form. In addition, a lawyer is obliged to participate in a criminal case as a defense attorney as appointed by the inquiry bodies, preliminary investigation bodies, the prosecutor and the court, which are obliged to ensure his participation at the request of the suspect, accused, or defendant. A lawyer is allowed to participate in a criminal case as a defense attorney upon presentation of a lawyer's certificate and a warrant. The same lawyer does not have the right to defend two suspects, accused or defendants if the interests of one of them contradict the interests of the other. The Code of Criminal Procedure of the Russian Federation categorically prohibits a lawyer from refusing to undertake the defense of a suspect, accused, or defendant for any reason, motive, or consideration. The moment a lawyer is admitted to participate in a criminal case is not identical to the time he takes over the defense. This point is not directly defined by law, but there is no doubt that it precedes the admission of a lawyer to participate in the case. If a lawyer had taken over the defense of the named participants in criminal proceedings, he would not have been allowed to participate in the criminal case.
The procedural and legal aspects of invitation, appointment, replacement, as well as refusal of defense are regulated by Art. 50, 52 Code of Criminal Procedure of the Russian Federation. According to their instructions, a defense attorney is invited by the suspect, the accused, the defendant, and, on their instructions, also by other persons.
The suspect or accused has the right to refuse the assistance of a defense lawyer at any time during the criminal proceedings. Such refusal is allowed only at the initiative of the suspect or accused. The refusal of a defense attorney must be stated in writing. If the refusal of a defense attorney is declared during an investigative action, then a note about this is made in the protocol of this investigative action. (see text in the previous edition)
The procedure for the court to consider an investigator’s petition to carry out investigative actions that limit the rights of citizens to housing, the secrecy of telephone conversations, correspondence, postal and telegraphic items.
The investigator, with the consent of the head of the investigative body, and the investigator, with the consent of the prosecutor, initiates a petition to the court to carry out an investigative action, for which a decision is made. A petition to carry out an investigative action is subject to consideration by a single judge of a district court or military court of the appropriate level at the place where the preliminary investigation or investigative action was carried out no later than 24 hours from the receipt of the said petition. The prosecutor, investigator and inquiry officer have the right to participate in the court hearing. When considering a request for investigative actions relating to the sale or destruction of material evidence, the suspect, accused, their defenders and (or) legal representatives also have the right to participate in the court hearing. Having considered the said petition, the judge makes a decision to authorize the investigative action or to refuse to carry it out, indicating the reasons for the refusal. In exceptional cases, when the inspection of a home, search and seizure of a home, personal search, as well as seizure of an item pledged or deposited in a pawnshop, seizure of property cannot be delayed, these investigative actions can be carried out on the basis of a resolution of the investigator or interrogator without obtaining a court decision. In this case, the investigator or inquiry officer, within 24 hours from the moment the investigative action begins, notifies the judge and the prosecutor about the investigative action. Attached to the notification are copies of the resolution to carry out the investigative action and the protocol of the investigative action to verify the legality of the decision to carry out the investigative action. Having received this notification, the judge checks the legality of the investigative action taken and makes a decision on its legality or illegality.
The concept and meaning of a civil claim in criminal proceedings. Requirements for a civil claim. Deadlines for filing a civil claim. The burden of proof in a civil claim. Waiver of civil claim.
A civil claim in a criminal proceeding is a claim made by an individual or legal entity during criminal proceedings for compensation for property and moral damage caused by a crime to the accused or persons financially responsible for the actions of the accused.
A civil claim in a criminal case may be brought in order to compensate for any losses that are in direct causal connection with the crime committed, including those arising from the fact of harm to the health of the victim (legal income lost due to complete or partial loss of ability to work, expenses for treatment and prosthetics, etc.), as well as for the purpose of obtaining monetary compensation for moral damage on the basis of Article 151 of the Civil Code of the Russian Federation.
A civil claim may be brought after the initiation of a criminal case and before the end of the judicial investigation during the trial of this criminal case in the court of first instance.
A civil claim in defense of the interests of minors, persons recognized as incompetent or partially capable in the manner established by civil procedural legislation, persons who for other reasons cannot defend their rights and legitimate interests themselves, may be brought by their legal representatives or a prosecutor, and in defense interests of the state - the prosecutor.
Civil plaintiffs may be persons who were directly harmed by a crime.
General prerequisites include: a) criminal origin of the harm; b) its material nature. Special prerequisites are divided into substantive and procedural legal. The substantive prerequisites in the legal literature most often include the act, guilt, damage, and the causal relationship between the act and the damage. In general, this is correct, if we proceed from the fact that these particular circumstances are the subject of the most scrupulous study and serve as the basis for making a decision on the merits. We must not forget that, in the broad sense of the word, the material and legal prerequisites are represented by the entire set of elements of the offense (object, subject, objective and subjective side).
Procedural legal prerequisites (positive and negative) are formulated in the norms of criminal procedure and civil procedure legislation.
Current legislation requires taking measures to secure a civil claim. The purpose of these measures (a set of specific actions) is to find and preserve sources of compensation (material assets), without which it is impossible to actually execute the court decision made on the claim.
A waiver of a civil claim may be declared by a civil plaintiff at any time during the criminal proceedings, but before the court retires to the deliberation room to render a verdict. This enables the civil plaintiff, knowing the results of the judicial investigation, to make an informed decision on the issue of abandoning the claim. Refusal of a civil claim entails the termination of proceedings on the claim.
Calculation of deadlines
Requirements for a decision to initiate a petition
Requirements for a decision to terminate criminal prosecution.
1. Criminal prosecution against a suspect or accused is terminated on the following grounds:
1) non-involvement of the suspect or accused in the commission of a crime;
2) as a result of the amnesty act;
3) the presence in relation to the suspect or accused of a sentence on the same charge that has entered into legal force or a court ruling or a judge’s decision to terminate the criminal case on the same charge;
4) the presence in relation to the suspect or accused of an unrescinded resolution of the inquiry body, investigator or prosecutor to terminate the criminal case on the same charge or to refuse to initiate a criminal case;
(see text in the previous edition)
5) refusal of the State Duma of the Federal Assembly of the Russian Federation to give consent to deprive the immunity of the President of the Russian Federation who has ceased to exercise his powers, and (or) refusal of the Federation Council to deprive this person of immunity.
Termination of criminal prosecution due to active repentance.
The court, as well as the investigator with the consent of the RSO or the interrogating officer with the consent of the prosecutor, have the right to terminate criminal prosecution against a person suspected or accused of committing a crime of minor or medium gravity. Before the termination of criminal prosecution, the grounds for its termination must be explained to the person.
A criminal case is terminated by a decision of the investigator, a copy of which is sent to the prosecutor.
The resolution states:
1) date and place of its issuance;
2) position, surname, initials of the person who issued it;
3) the circumstances that served as the reason and basis for initiating a criminal case;
4) paragraph, part, article of the Criminal Code of the Russian Federation, providing for a crime based on the characteristics of a criminal offense;
5) the results of the PS indicating data on the persons against whom criminal prosecution was carried out;
6) the preventive measures used;
7) paragraph, part, article of the Code of Criminal Procedure, on the basis of which the criminal case and (or) criminal prosecution are terminated;
a decision to cancel the preventive measure, as well as the seizure of property, correspondence, temporary removal from office, control and recording of negotiations;
9) decision on material evidence;
10) the procedure for appealing this decision.
When termination of a criminal case is allowed only with the consent of the accused or the victim, the presence of such consent is reflected in the resolution.
The investigator hands or sends a copy of the decision to terminate the criminal case to the person against whom the criminal prosecution has been terminated, the victim, the civil plaintiff and the civil defendant. (see text in the previous edition)
If the grounds for termination of criminal prosecution do not apply to all suspects or accused in a criminal case, then the investigator makes a decision to terminate criminal prosecution against a specific person. However, the criminal proceedings continue.
The concept and meaning of the indictment. Requirements for an indictment.
OZ is a criminal procedural act that reflects the decision of the investigator to complete the pre-trial investigation and send the case to court to resolve the issue of the guilt of the accused.
WHO summarize the results of the investigation; give the legal qualification of the crime; provide an analysis of the collected evidence.
The grounds for drawing up an indictment are:
— identification of the person who committed the crime;
- bringing charges against him;
— the accusation is justified by a sufficient body of evidence;
- absence of grounds for closing a criminal case before sending it to court to resolve the issue of releasing the accused from criminal liability.
In the indictment, the investigator states:
1) last names, first names and patronymics of the accused or accused;
2) information about the identity of each of them;
3) the substance of the charge, the place and time of the crime, its methods, motives, goals, consequences and other circumstances relevant to the given criminal case;
4) the wording of the charge, indicating the paragraph, part, article of the Criminal Code of the Russian Federation, providing for liability for this crime;
5) a list of evidence supporting the accusation and a brief summary of its content;
(see text in the previous edition)
6) a list of evidence referred to by the defense and a summary of its content;
(see text in the previous edition)
7) circumstances mitigating and aggravating punishment;
information about the victim, the nature and extent of the harm caused to him by the crime;
9) information about the civil plaintiff and civil defendant.
The OZ must contain links to volumes and sheets of the criminal case.
The OZ is signed by the investigator indicating the place and date of its preparation.
The KOZ attaches a list of persons to be summoned to the court hearing from the prosecution and defense, indicating their place of residence and (or) location.
The OZ is also accompanied by a certificate on the duration of the investigation, on the selected preventive measures indicating the time of detention and house arrest, material evidence, a civil claim, measures taken to secure a civil claim and possible confiscation of property, procedural costs, and, if there is an accused, a victim dependents - about the measures taken to ensure their rights. The certificate must indicate the relevant pages of the criminal case.
After the investigator signs the OZ, the criminal case, with the consent of the head of the investigative body, is immediately sent to the prosecutor.
63. The procedure for sending a criminal case to the prosecutor with an indictment. The prosecutor returns the criminal case to the head of the investigative agency for additional investigation.
After the investigator signs the indictment, the criminal case, with the consent of the RSO, is immediately sent to the prosecutor.
The prosecutor reviews what is received from the UDSP investigator and makes one of the following decisions on it within 10 days:
1) on approval of the indictment and on sending the criminal case to court;
2) on the return of the UD to the investigator for additional proceedings.
