A criminal case was opened. What to do?

Criminal case: concept

What is a criminal case? It starts when identifying signs that may indicate a crime. The algorithm of actions of inquiry and investigation is described in the Code of Criminal Procedure of the Russian Federation.

A criminal case is subject to trial after the investigation has collected sufficient evidence that the person is guilty. When passing a sentence, the judge relies on materials collected by law enforcement officials.

Reasons for initiating a criminal case

The first stage of criminal proceedings begins with the fact that the authorized bodies learn that a criminal act is being prepared or has actually been committed. They are informed about this

Accordingly, at this stage one of the decisions is made:

1. Institute proceedings.
2. Refuse.
3. Pass it on in sequence in accordance with Art. 151 of the Criminal Code, if it concerns a private accusation, then go to court.

In order for a case to be initiated, grounds are needed. They accept information that indicates an offense has been committed. Law enforcement agencies must check it and make one of the decisions listed above.

Previously, the Code of Criminal Procedure of the Russian Federation established criminal cases as grounds for initiating criminal proceedings. The following circumstances are listed in Article 140:

• point 1: filing a statement: it states a crime.
• part 1, part 2: a person came to confess to a crime - surrender.
• Part 1, paragraph 3: notification of an offense, as well as that it is being prepared.

Further, in 2007, No. 87 - Federal Law was adopted, which introduced changes to certain legal acts. And the list of the Criminal Procedure Code on the grounds for initiating a case was supplemented with paragraph 4. It states that the prosecutor’s decision can become the basis for the start of criminal proceedings.

In 2010, the law was changed again. They were associated with N 404-FZ. The final version of this regulation states that the prosecutor’s duties do not include initiating a criminal case!

Prosecutor's resolution

The prosecutor works with applications and appeals from citizens. In the process, he may encounter facts that indicate the presence of signs related to a crime in a particular case. This also includes materials drawn up based on the results of personal observation of an official in a situation where he himself witnessed an unlawful act.

In 2010, changes were made to the Code of Criminal Procedure. They touched upon the competence of the prosecutor regarding the issue of initiating criminal cases. Thus, paragraph 2 of Art. 37 Code of Criminal Procedure. The norm of the article establishes the nature of cooperation between law enforcement agencies and the prosecutor's office at the stage of initiating a criminal case.

The prosecutor at the first stage of criminal proceedings has the powers:

• control over compliance with the requirements for receiving and registering notifications of crimes;
• making a decision: according to the document, the materials are transferred to the investigation, inquiry in order to make a decision on the criminal prosecution of the culprit;
• checking the legality of decisions of officials related to the initiation of criminal proceedings. affairs;
• notification of a crime and transmission of a message from one authority to another (Article 151 of the Code of Criminal Procedure);
• removal of materials about a crime from the preliminary investigation.

These powers are limited by the fact that under Art. 146, part 1, among the initiators of the procedure to initiate a criminal case, the prosecutor is not on the list. This means that he is deprived of the right to initiate criminal proceedings. It is possessed by the inquiry, the investigation, the head of the investigation department and his subordinate. The prosecutor supervises the work of these persons, but cannot initiate a case on his own.

The prosecutor cannot single-handedly decide to initiate a criminal case

Report a crime

The decision that a criminal case should be initiated is made by the inquiry and investigation. The duty of officials is to accept a report of a crime committed, as well as one that is prepared within 3 days from the date of notification of this. The period for consideration of a criminal case is 14 days from the moment the court makes a decision that a trial is necessary regarding the guilt of a specific person or group of citizens.

The message is checked, and during this process officials receive explanations and request documents and samples used for comparative research.

In addition, during the inspection, the inquiry and investigation authorities:

• order an examination;
• take part in its production;
• analyze the expert opinion;
• inspect the place where the unlawful act was committed;
• conduct an inspection of crime items, etc.

The actions of officials are called procedural: but third parties also take part in them. They are explained their rights and responsibilities. For example, a person has the right not to testify against himself, as well as against persons who are related to him by blood.

In addition, he has the right to involve a lawyer in the case and complain about the actions or inactions of law enforcement officials. Participants may be aware that they may not disclose information relating to the proceedings before the case goes to trial.

Confession

Confession may serve as a reason to initiate criminal proceedings if the crime was not previously known

A confession occurs when a person tells law enforcement that he has committed or participated in a crime. The condition for surrender is the voluntariness of notification of the offense during the inquiry and investigation.

A confession is the basis for initiating a criminal case if the information that becomes known is of a primary nature. In this case, it is a reason to initiate a case. Otherwise, if another reason has already been registered (for example, a statement received from an eyewitness to an illegal act), the case has been initiated, confession is not such a reason.

Confession has another meaning for a person. This is a circumstance that can mitigate his punishment, and also, in cases specified in the Code of Criminal Procedure, exempt him from liability. In addition, according to Art. 99 of the Code of Criminal Procedure, attendance is taken into account when choosing a preventive measure, and indicates that the person has repented (Article 28 of the Code of Criminal Procedure).

Reporting a crime

According to Art. 141 of the Code of Criminal Procedure it can be done in any form. The written statement is signed by the person who came to report that a criminal act has been committed. If the message is transmitted orally, it is recorded in the protocol, which is signed by the applicant. The document reflects his data, as well as information about his documents.

The applicant is warned that he is responsible for transmitting to the authorized bodies information that is knowingly false. This is established in Art. 306 Code of Criminal Procedure of the Russian Federation.

IMPORTANT: since the identity of the applicant is identified when submitting a statement about an offense, the law excludes the initiation of a criminal case based on information from an anonymous source.

The procedure for initiating a criminal case in the Russian Federation - authorities and authorized persons

A citizen of the Russian Federation has the right to contact the police and ask to initiate a criminal case.

The order of this procedure is as follows:

1. A citizen comes to the police department of a city or district with a written appeal - a statement , which contains a request to initiate a criminal case, and also indicates the grounds for this action.

Copies of documents confirming the criminal act can be attached to the application.

2. Issuance of a certificate-notification of acceptance of the application

According to Part 4 of Article 144 of the Code of Criminal Procedure, the person who accepted the document must issue a notification indicating his data, date and signature.

3. After submitting the application, the employee of the inquiry agency, who is also the interrogator, must take testimony from the applicant and ask everything regarding the current situation

In addition, witnesses may be interviewed, and the specialist may demand to present documents and items that will establish information about the case.

All circumstances and characteristics of the crime that the investigator learns will be set out on paper and certified by the signature of an employee of the inquiry agency.

4. At the next stage, all documents are submitted to the investigator or prosecutor

Remember, only the prosecutor can open a criminal case.

In some cases, this right is given to the investigator or interrogating officer, but these officials must have written consent from the prosecutor.

A case will be opened if:

1. The prosecutor will find evidence of a crime by reviewing the documents.
2. The investigator independently discovered the criminal act while examining other cases. The specialist, as a rule, must petition the prosecutor and ask for his consent to consider a new criminal case.
3. The investigator needs to carry out urgent investigative actions indicated in Part 1 of Article 157 of the Code of Criminal Procedure of the Russian Federation. Usually, the body of inquiry, just like the investigator, makes a petition to the prosecutor.
4. The authorities received a report of a crime committed in public against a private person. Please note that in the place of the victim there must be a person who is in a dependent state, or who has not taken advantage of his full rights to protection. As a rule, the authorities cannot hesitate and need to investigate.

5. Then the prosecutor either initiates a criminal case, sending it to the court, or writes a refusal to initiate

Note that no other government official except the prosecutor can initiate a criminal case.

The applicant will be informed whether a criminal case has been initiated. Usually a written decision is sent to his specified address.

It is worth knowing that there is a slightly different procedure for initiating and considering criminal cases

It depends on the type of case in question.

For example:

1. Case of private prosecution provided for in Articles 115, 116, 128.1 of the Criminal Code of the Russian Federation

In this case, the applicant must contact the magistrate. It is he who accepts the statement from the victim.

Such cases, as a rule, can be terminated if the parties reconcile (Part 2 of Article 20 of the Code of Criminal Procedure of the Russian Federation).

2. The case of private-public prosecution, described in articles 131,132, 137-139, 145-147, 159-159.6, 160, 165 of the Criminal Code of the Russian Federation

When considering such cases, reconciliation between the parties is impossible. The application is also written to the magistrate.

The accused in such cases, as a rule, will be punished (Part 3 of Article 20 of the Code of Criminal Procedure of the Russian Federation).

Remember: if a citizen cannot defend his rights on his own due to dependence or helplessness, then a case is created automatically - in the general manner.

3. Cases of public prosecution specified in Article 447 of the Code of Criminal Procedure of the Russian Federation

They are considered in the same way as the previous ones, only with public disclosure if the parties so desire.

A case can be initiated by a representative of the inquiry body, an investigator, in accordance with Article 146 of the Code of Criminal Procedure of the Russian Federation.

Grounds for initiating criminal proceedings

The list of grounds on which authorized persons have the right to initiate criminal cases is determined by the Code of Criminal Procedure, an exhaustive list. This means that only the Federal Law can make changes to it.

1. Art. 140, paragraph 1: information in any form, it reports a crime.
2. Art. 140, part 1, point 2: confession.
3. P. 140, part 1, clause 3: notification of an offense, as well as that it is being prepared.

REFERENCE: the duties of the prosecutor do not include initiating a criminal case.

Time limits for consideration of applications to initiate criminal proceedings

Representatives of the authorities are obliged to accept and consider any received report of a crime within 3 days .

In addition, during this time, the prosecutor, or a person replacing him, must make a decision - to initiate a criminal case and send it for investigation, or to refuse to initiate the case (Part 1 of Article 144 of the Code of Criminal Procedure of the Russian Federation).

The period for consideration of your appeal may be extended to 10 days, according to the same article.

This only happens when it is necessary to:

1. Forensic examination.
2. Control and reliability of documents.
3. Checking items, murder weapons, etc.
4. Examination of the corpse.

It happens that the prosecutor increases the period for consideration of cases to 30 days . It is this period that is required to carry out activities aimed at searching and verifying something or someone (Part 3 of Article 144 of the Code of Criminal Procedure of the Russian Federation).

Of course, every decision will be justified. If the period for consideration of your application is increased, you will definitely know about it. According to Article 145 of the Code of Criminal Procedure of the Russian Federation, the police must inform the applicant about the decision. In addition, you should be told about your right to appeal the decision.

But it also happens that the applicant is not notified, although the papers in the authorities say otherwise. Call by phone, come in person and try to find out at what stage your case is stuck. If you hear evasive phrases in response, you should write a statement of complaint to the prosecutor.

Who can initiate a criminal case

According to Art. 146 persons strictly defined in law have this right.

Subjects of initiating criminal cases:

1. Bodies of inquiry: Department of Internal Affairs, representatives of executive branch authorities who have the right to conduct operational work, investigators.
2. Investigators: persons conducting preliminary investigations into crimes.

Who does not have the right to initiate criminal cases:

• police officers on duty who receive requests from citizens;
• detectives carrying out investigative activities;
• private prosecutors;
• lawyers;
• judges.

REFERENCE: these persons take part in a criminal case within the powers given to them by law! But they do not influence the decision to initiate it.

Procedure for initiating a criminal case

Includes three stages that sequentially change each other:

1. Issuance of an appropriate resolution. The document indicates the date, place and time, reason, basis, qualification of the criminal act.
2. The prosecutor, the applicant and the suspect are informed that the law enforcement authorities have issued a decision.
3. The prosecutor checks the fact of initiating a criminal case against the requirements of legality and validity. He has the right to demand verification materials from the investigation. According to Art. 37, part 2 of the Code of Criminal Procedure, cancel it within 10 days from the moment the criminal case was opened.

Categories of criminal cases and their features

There are three types of production with specific features:

• for persons under 18 years of age;
• the use of coercive and medical measures;
• a separate category of citizens.

A criminal case was opened. What to do?

Are you or a relative being investigated for a crime? Or a criminal case has already been opened. What to do before you find a criminal lawyer.

Remember, the investigator, he is most likely a good person, but he is NOT the best friend and adviser of the accused . Also, do not give in to threats that if you do not tell in detail how you committed the crime, you will be locked up in a pre-trial detention center, but if you tell, you will go home to sleep. Believe me, tell me - and you will go to sleep in a pre-trial detention center. And most importantly, you don’t have to pronounce a single letter without a lawyer. Just a phrase - I want to give explanations/testimonies and will do this in the presence of my lawyer.

It is no longer possible to withdraw a crime report filed with the police. Police officers will conduct an inspection in accordance with Art. 144 – 145 of the Criminal Procedure Code of the Russian Federation. The verification period for a crime report is 3 days. It can be extended up to 10 days, and then up to 30 days. Based on the results of the inspection, a decision is made: a decision to initiate a criminal case or a decision to refuse to initiate a criminal case.

Both of these decisions can be appealed. A complaint can be filed against a decision to initiate a criminal case and a complaint against a decision to refuse to initiate a criminal case.

In addition to these decisions, you can appeal against any illegal action (inaction) and decision of the preliminary investigation bodies taken by them at the pre-trial stages (before the completion of the preliminary investigation). You can also appeal to the court the decisions and actions of officials and bodies carrying out operational investigative activities (clause 4 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated February 10, 2009 No. 1). If the preliminary investigation is completed at the time the complaint is received by the court, then questions about the illegality of the actions and decisions of officials at the pre-trial stage will have to be raised before the court during the criminal trial.

The complaint can be filed with the prosecutor's office or the court, or maybe both there and there at the same time (in accordance with Articles 124 or 125 of the Criminal Procedure Code of the Russian Federation).

In a complaint against a decision to initiate a criminal case, it is necessary to check

• Are there any grounds for refusing to initiate a criminal case or for terminating a criminal case due to the expiration of the statute of limitations for criminal prosecution (Article 24 of the Code of Criminal Procedure of the Russian Federation). The statute of limitations for prosecution in criminal cases depends on the article of the Criminal Code of the Russian Federation under which the criminal case was initiated.

In a complaint against a decision on the illegal initiation of a criminal case, it is necessary to indicate the absence of all components included in the concept of corpus delicti.

The initiation of a criminal case should be refused if the circumstances indicating the presence of a crime are verified and it is established that there are no such circumstances. Then there is no reason to initiate a criminal case.

If a criminal case has been initiated for a crime of minor or medium gravity, then it is possible to terminate it. The method of its termination depends on several conditions. But in all cases, you will have to admit guilt and compensate for the damage.

The most effective and sure way in case of initiation of a criminal case is to urgently call a criminal lawyer in St. Petersburg.

Only a lawyer can tell you whether to enter into a pre-trial agreement, consider the case in a Special Trial Procedure, or seek a different classification of your actions, or declare that the actions do not constitute a crime.

Sign up for a consultation with me and I will help you solve your legal problem.

I protect my Clients by all means not prohibited by law.

Application to initiate a criminal case

The drafting of a document is subject to general rules:

1. On the right side, the addressee to whom the citizen is addressing, for example, an investigator, is indicated.
2. On the same side, the full details of the applicant are written down.
3. In the middle is the name of the document. For example, a citizen may use wording such as “statement of a crime.”
4. In the middle of the statement, the circumstances under which the offense occurred are stated. They are presented concisely and concisely. The applicant must list all evidence of the offense available to him.
5. In the document, the citizen indicates a requirement to initiate a criminal case.
6. The statement contains a footnote stating that the citizen is aware of the responsibility for false denunciation.
7. Documents evidencing the crime are attached to the application.
8. Adding date and signature.

The application is submitted to a representative of the authorized body.

Grounds for initiating a criminal case under the Criminal Code of the Russian Federation

You can’t open a case just like that; there needs to be compelling reasons for this.

According to Part 2 of Article 140 of the Code of Criminal Procedure of the Russian Federation, first of all, the prosecutor looks at the data, which should indicate all sorts of signs of the committed act and confirm it. Such information must reflect the external and internal aspects of the crime committed against the laws of the Russian Federation.

When determining the presence of signs, the prosecutor or a person replacing him - an investigator, an interrogating officer - notes:

1. What is the object of the crime?
2. Was the event socially dangerous and illegal?
3. How was the crime committed?
4. What means, tools, devices were used to influence the victim.
5. Where the illegal act was committed, at what time.
6. What is the identity of the criminal, are any facts known from the suspect’s biography. For example, has he been convicted, is he sane?
7. What is the age of the person who committed the crime. In the Russian Federation, criminal liability begins at the age of 14 and 16 years.
8. What was the purpose, motive and intent of the crime.

It is also taken into account whether there are grounds for refusal listed in Article 24 of the Code of Criminal Procedure of the Russian Federation. If they are missing, then a criminal case is initiated.