Procedure and terms of inquiry in criminal cases

Features of inquiry

The procedure for conducting an inquiry, excluding timing and some other nuances, is not much different from an investigation. As part of the inquiry, almost the same investigative and procedural actions can be carried out as during the preliminary investigation. The main differences are as follows:

The investigation is conducted by an investigator or a group of investigators.
There are two forms of inquiry - general (standard procedure) and shortened (if the suspect is arrested).
The terms of the inquiry, the extension of the terms, as well as their establishment in the event of the resumption of the investigation are established by Art. 223 of the Code of Criminal Procedure of the Russian Federation and the procedure is completely different than during the investigation.
The procedure for selecting a preventive measure in the form of detention for a suspect has its own peculiarities, and the selection of such a measure affects the timing of completion of the inquiry.
Based on the results of the investigation, not an indictment is drawn up, but an indictment. The procedure for sending a case to the prosecutor to make a decision on sending it to court also differs.
A person brought to criminal responsibility as part of an investigation has the status of a suspect. He becomes an accused only after drawing up an indictment and sending the case to court. The procedure for bringing a person as an accused, established for the preliminary investigation, is not applied within the framework of the inquiry. There are rules about this.

The list of crimes for which an inquiry is conducted is established by Part 3 of Art. 150 Code of Criminal Procedure of the Russian Federation. The possibility of conducting an inquiry does not exclude the prosecutor from transferring the case for a preliminary investigation - this is his right. However, the opposite is also possible. If the crime is of minor or moderate gravity, the prosecutor has the right to transfer the case for investigation, even if an investigation must be carried out.

The lion's share of crimes for which an inquiry is conducted is investigated by investigators from the Ministry of Internal Affairs of the Russian Federation. However, the border agencies of the FSB of the Russian Federation, bailiffs, state supervision and customs authorities also have their own investigators. True, the jurisdiction over criminal cases for them is seriously limited by the specifics of the work of these departments.

An inquiry can also be conducted by investigators, but only by the Investigative Committee of the Russian Federation and only if a special subject is involved in the case as a suspect, for example, a deputy, a judge, an investigator, a lawyer, a policeman, etc.

General inquiry

Inquiry is understood as a form of preliminary investigation carried out by an inquiry officer (in exceptional cases - by an investigator) in a criminal case in which a preliminary investigation is not necessary. In case of complexity or large volume of the criminal case, the inquiry may be entrusted to a group of investigators in accordance with Art. 223.2 Code of Criminal Procedure.

The inquiry is carried out in cases of minor and moderate gravity, listed in Part 3 of Art. 150 of the Code of Criminal Procedure, taking into account the relatively low social significance and insignificant degree of complexity of their disclosure. A preliminary investigation to establish the circumstances of their commission may not be carried out unless the prosecutor considers it necessary (Part 4 of Article 150 of the Code of Criminal Procedure). In accordance with Part 1 of Art. 223 of the Code of Criminal Procedure, the inquiry is carried out according to the same rules as the preliminary investigation, with the exception of some procedural features regulated by Ch. 32 Code of Criminal Procedure.

The features of this form of preliminary investigation include: the timing of the inquiry, the procedure for sending a notification of suspicion of committing a crime, the features of applying a preventive measure in the form of detention to the suspect (accused), and specific forms of completing the inquiry.

Terms of inquiry . For carrying out an inquiry, the legislator, just as for the investigation, establishes certain procedural deadlines. Taking into account the nature of criminal cases subject to investigation in this form and the simplified procedure, the time frame for the inquiry is less long than the time period for the preliminary investigation. According to Part 3 of Art. 223 of the Code of Criminal Procedure, the initially established period of inquiry is 30 days. If it is impossible to complete the inquiry within this period, it may be extended by the prosecutor for another 30 days.

In necessary cases, including those related to the conduct of a forensic examination, the period of inquiry may be extended by the district-level prosecutor or his deputy to six months. And finally, in exceptional cases related to the execution of a request for international legal assistance sent in accordance with Art. 453 of the Code of Criminal Procedure, the period of inquiry can be extended by the prosecutor of a constituent entity of the Russian Federation or a military prosecutor equivalent to him up to 12 months.

The conditions for observing the terms of the inquiry and the procedure for their extension are similar to the corresponding provisions of the preliminary investigation and are regulated by Art. 162 Code of Criminal Procedure. The differences lie only in the following two aspects: firstly, the decision to extend the period of inquiry is under the jurisdiction of the prosecutor; secondly, the period of inquiry has a limit established by law (6 or 12 months). Therefore, if the period of inquiry has completely expired, and the investigator was unable to complete all the necessary investigative actions and complete the pre-trial proceedings, then in this situation it seems logical to change the form of the preliminary investigation - transfer of the criminal case to the investigator.

Sending a notification of suspicion of committing a crime. For inquiry, in addition to three general procedures (clauses 1-3, part 1, article 46 of the Code of Criminal Procedure), another specific procedure is provided for assigning a person the status of a suspect - sending a notification of suspicion of committing a crime (Article 2231 of the Code of Criminal Procedure). This mechanism serves as a procedural alternative to bringing charges. It is used if a criminal case has not been initiated against a specific person, if this person has not previously been detained on suspicion of committing a crime and if a measure of criminal procedural restraint has not been chosen for him.

Thus, if a criminal case has been initiated upon the commission of a crime and during the investigation sufficient data has been obtained giving grounds to suspect a person of having committed a crime, the investigator draws up a written notification of suspicion of committing a crime, a copy of which is handed to the suspect and explains to him the relevant rights provided for in Art. . 46 Code of Criminal Procedure. A protocol is drawn up on the delivery of the notice and clarification of rights. Within three days from the moment a person is served with a notification of suspicion of committing a crime, the investigator must interrogate him on the merits of the suspicion. The notification of suspicion of committing a crime must indicate: 1) the date and place of its preparation; 2) surname and initials of the investigator; 3) last name, first name and patronymic of the suspect, date, month, year and place of his birth; 4) a description of the crime indicating the place, time of its commission, as well as other circumstances to be proven; 5) paragraph, part, article of the Criminal Code, providing for liability for this crime. If there is data giving grounds to suspect a person of committing several crimes provided for by different norms of the criminal law, the notification of suspicion of committing a crime must indicate what acts the person is suspected of committing under each of the norms of the criminal law. If several suspects are identified in one criminal case, a notice of suspicion of committing a crime is given to each of them. A copy of the notice is sent to the prosecutor.

Peculiarities of applying a preventive measure in the form of detention to a suspect (accused). During the investigation, if there are sufficient grounds for this, a preventive measure in the form of detention may be chosen against the suspect. The procedure for resolving this issue, and in particular the judicial procedure for its consideration, is regulated by the general rules established by Art. 108 of the Code of Criminal Procedure, with the exception of one feature, which involves sending to the court the corresponding petition of the investigator only with the consent of the prosecutor (Part 1 of Article 224 of the Code of Criminal Procedure).

If a suspect is taken into custody, the investigation into a criminal case must be completed no later than 10 days from the moment the court makes such a decision (Part 2 of Article 224 of the Code of Criminal Procedure). This procedural provision is determined by the general requirements of the case. In connection with the abolition of this provision, an additional legal procedure was required to make it possible to recognize a person as a suspect already in the process of carrying out an inquiry.

In this regard, it appears that if a person was previously detained on suspicion of committing a crime, and then a preventive measure in the form of detention was applied to him, then in this case the 10-day period for completing the inquiry should be calculated from the moment of actual detention.

If it is impossible to draw up an indictment within the specified 10-day period, the detention is canceled or the suspect is charged in the manner prescribed for the preliminary investigation, and the inquiry continues. However, such presentation of charges to a person does not at all determine the extension of the established Art. 109 of the Code of Criminal Procedure for the general terms of detention of the accused. According to Part 4 of Art. 224 of the Code of Criminal Procedure for inquiry there are specific terms for keeping the accused in custody. So, the initially established period is 30 days. If it is impossible to complete the investigation and there are no grounds for canceling or changing the chosen preventive measure, this period, at the request of the interrogating officer, agreed with the district level prosecutor, can be extended by a judge of the district (equivalent to it military) court to six months. The issue of extending the period of detention is considered in accordance with the general procedure established by Part 3 of Art. 108 Code of Criminal Procedure.

Forms for completing the inquiry . The inquiry may end: 1) termination of the criminal case in accordance with Ch. 29 Code of Criminal Procedure; 2) sending the criminal case to court with an indictment in accordance with Art. 225, 226 Code of Criminal Procedure.

The end of the inquiry with an indictment is a form of completion of pre-trial proceedings, which is determined by the investigator’s conclusion that the suspect has been incriminated of a crime and the need to bring charges against him and send the materials of the criminal case for further consideration to the court.

The procedure for completing an inquiry with drawing up an indictment is regulated to a much weaker extent than the similar procedure for completing a preliminary investigation. In particular, the legislator does not directly indicate at what point in the criminal proceedings the investigator should proceed to its implementation. However, according to the meaning of the law, it is obvious that the inquiry should be considered completed at the moment when all investigative actions have been completed and the collected evidence is sufficient to bring the suspect to criminal responsibility by drawing up an indictment.

An indictment is the final criminal procedural document of a preliminary investigation carried out in the form of an inquiry, which, based on an analysis of the evidence collected in the case, assigns the status of an accused to a person and stipulates the submission of the criminal case materials to the court. Thus, the indictment has a dual legal nature. Firstly, it indicates that the person in respect of whom the inquiry was conducted has been brought to criminal responsibility. It is from the moment the indictment is issued that a person passes into a fundamentally new procedural status - the accused (clause 2, part 1, article 47 of the Code of Criminal Procedure). Therefore, in this aspect, the indictment is essentially close to such a document as a decision to bring a person as an accused. Secondly, the indictment is the final procedural document of the inquiry. It legally completes the preliminary investigation conducted in this form and determines the transition of the criminal case to the next stage of the process - the stage of preparation for the trial.

The form and content of the indictment are regulated by Art. 225 Code of Criminal Procedure. So, in this procedural document the investigator indicates: 1) the date and place of its preparation; 2) your position, surname and initials; 3) information about the person brought to criminal liability; 4) information about the place and time of the crime, its methods, motives, goals, consequences and other circumstances relevant to the criminal case; 5) the wording of the charge indicating a specific provision of the criminal law (clause, part, article of the Criminal Code); 6) a list of evidence supporting the accusation and a summary of its content, as well as a list of evidence referred to by the defense and a summary of its content; 7) circumstances mitigating and aggravating punishment; information about the victim, information about the nature and extent of the harm caused; 9) list of persons subject to summons to court.

The indictment is accompanied by a certificate about the timing of the investigation, about the chosen preventive measures indicating the time of detention and house arrest, about material evidence, a civil claim, measures taken to secure a civil claim and possible confiscation of property, procedural costs, and if the accused has, injured dependents - about the measures taken to ensure their rights. The certificate must indicate the relevant pages of the criminal case.

In accordance with Part 2 of Art. 225 of the Code of Criminal Procedure, the accused and his defense attorney must be familiarized with the indictment and the materials of the criminal case, about which the investigator draws up a corresponding protocol. The legislator does not directly provide for the procedural form of such familiarization. However, it seems that it should be carried out in a manner similar to familiarization of the accused with the materials of the criminal case at the end of the preliminary investigation (Article 217 of the Code of Criminal Procedure). The victim and his representative have the right to familiarize themselves with these materials in the same manner if they file a corresponding petition (Part 3 of Article 225 of the Code of Criminal Procedure). The indictment is subject to approval by the head of the inquiry agency, after which, together with all the materials of the criminal case, it is sent to the prosecutor.

The procedure for the prosecutor to consider the materials of the criminal case received by him with the indictment is very similar to the similar procedure at the end of the preliminary investigation. The differences lie only in the timing of the prosecutor’s review of the case materials and the types of decisions made. According to Part 1 of Art. 226 of the Code of Criminal Procedure, materials of a criminal case received with an indictment are considered within two days. Based on the results of the review, the prosecutor must make one of the following decisions: 1) approve the indictment and send the criminal case to court; 2) return the criminal case with his written instructions to the investigator for conducting an additional inquiry or for re-drawing the indictment if it does not comply with the requirements of the law; in this case, the prosecutor may extend the investigation period, but no more than 10 days to conduct an additional inquiry and no more than three days to re-draft the indictment; 3) terminate the criminal case; 4) send the criminal case for preliminary investigation. When approving the indictment, the prosecutor has the right, by his decision, to partially terminate the criminal prosecution or reclassify the charge to a less serious one.

A copy of the indictment is handed over to the accused, his defense attorney and the victim in the manner prescribed for the indictment.

There is another specific form of ending before knowledge - sending the criminal case to the investigator. In fact, this procedure does not determine the end of all pre-trial proceedings, but is only associated with a change in the form of the investigation. Nevertheless, in this situation, procedural legal relations that make up the content of the inquiry cease to exist, and instead new ones appear that make up the content of the preliminary investigation.

Unfortunately, the legislator does not pay sufficient attention to the legal regulation of this form of completion of the inquiry. Therefore, the corresponding procedural rules seem to indirectly follow from the meaning of a number of provisions of the Code of Criminal Procedure. Thus, it seems that the transfer of a criminal case from an inquiry officer to an investigator can take place in cases where the inquiry has exhausted the legal means allocated by law, but has not resolved the tasks of the preliminary investigation. Such cases, in particular, include the expiration of the maximum permissible period of inquiry or a large amount of work that requires the creation of an investigative team in the case. A change in the form of the preliminary investigation is also necessary in cases where, during the investigation, evidence was obtained that incriminates the suspect of committing a more serious crime than provided for in Part 3 of Art. 150 Code of Criminal Procedure. And finally, a change in the form of the preliminary investigation may be due to a written order from the prosecutor (Part 4 of Article 150 of the Code of Criminal Procedure). If it is necessary to change the form of the preliminary investigation, the investigator sends the materials of the criminal case to the prosecutor, who, in turn, transfers them to the preliminary investigation body.

Main aspects of conducting an inquiry

A criminal case requiring an inquiry is initiated in accordance with the general procedure. The investigator makes a corresponding decision and sends a copy of it to the prosecutor.

Initiation of a case

If a case is initiated against a specific person, then that person immediately becomes a suspect. If the case was initiated after the fact and the suspect was identified later, it is necessary to follow the procedure for notifying him, established by Art. 223.1 Code of Criminal Procedure of the Russian Federation:

The investigator prepares a written notice, hands a copy of it to the suspect, while explaining all the rights. There is a special procedural form of notification. It must indicate all the crimes of which a specific person is suspected, as well as evidence of the validity of the suspicion. Other notification requirements – Part 2 of Art. 223.1 Code of Criminal Procedure of the Russian Federation. In addition to the suspect, a copy of the notice is sent to the prosecutor.
Within 3 days from the date of delivery of the notification, the suspect must be interrogated in this status. Often the delivery of the notice and the interrogation coincide in time.
If there are several suspects, notices are served on each of them, and all of them must be questioned within 3 days.

Detention and arrest of a suspect

The suspect may be detained in accordance with Art. 91 of the Code of Criminal Procedure of the Russian Federation for 2 days. Within the framework of the inquiry, the same procedure applies as during the investigation.

Detention is possible if the sanction of the relevant article provides for deprivation of liberty. If the detention coincided with the moment of delivery of the notice of suspicion, then the rule on interrogation within 3 days does not apply - the interrogation must take place within 24 hours (Part 2 of Article 46 of the Code of Criminal Procedure of the Russian Federation).

Before the expiration of the detention period (48 hours), the investigator must decide on the choice of a preventive measure against the suspect. As a rule, this is either a written undertaking not to leave the place and (or) release, or an application to the court with a petition for arrest.

The choice of a preventive measure in the form of detention is possible on the same grounds as during the investigation. The order is the same. The investigator has the right to go to court regardless of whether the suspect was detained in accordance with Art. 91 Code of Criminal Procedure of the Russian Federation. True, as a rule, detention follows first.

The arrest of a suspect as part of an investigation is rare. This shortens the investigation period - it must be completed within 10 days. This rule is equivalent to the requirement to file charges within 10 days when a suspect is arrested as part of an investigation. In this case, the period is calculated from the moment of detention of the suspect, if there was such a detention, or from the moment of arrest by the court.

If it is impossible to comply with the 10-day deadline and it is necessary to continue the investigation or time is needed to draw up an indictment, then two options are possible:

The preventive measure is canceled and the suspect is released. Further, the inquiry continues in the general manner, and must either be completed within 30 days from the date of initiation of the case, or extended for another 30 days.
The term of arrest is extended by the court to 6 months in the same manner as arrest is extended during the investigation. As a rule, this is preceded by an extension of the inquiry period. The investigator's decision to extend the period of arrest is agreed upon with the prosecutor. He also decides to extend the period of inquiry.

If the investigator is unable to complete the investigation and draw up an indictment within 10 days from the moment of arrest (detention) of the suspect, another option is allowed. The prosecutor withdraws the criminal case and transfers it to the investigative body to continue the investigation, but in the form of a preliminary investigation. In this case, the investigator will make a decision - to cancel the preventive measure, change it or leave it in force. In the latter case, the suspect must be charged within a 10-day period.

Article 223 of the Code of Criminal Procedure of the Russian Federation. Procedure and terms of inquiry (current edition)

1. An inquiry is a simplified form of preliminary investigation carried out by an inquiry officer or an investigator in a case in which a preliminary investigation is not necessary (clause 8 of Article 5 of the Code of Criminal Procedure). The point of identifying inquiry as a special form of investigation is to ensure that for less dangerous crimes the preparation of the case for trial is faster.

2. The subjects of the inquiry are only the investigators of those bodies of inquiry that are specified in Part 3 of Art. 151 of the Code of Criminal Procedure, as well as investigators of the Investigative Committee under the Prosecutor’s Office and authorities for control of the circulation of narcotic drugs and psychotropic substances. Law of June 6, 2007 N 90-FZ in Part 3 of Art. 151, changes were made according to which police department investigators were deprived of the right to conduct an inquiry.

3. The basis for conducting an inquiry in accordance with Part 2 of Art. 223 is a small public danger of the crimes defined in Part 3 of Art. 150 Code of Criminal Procedure. The inquiry is carried out only for those crimes that are specified in Part 3 of Art. 150 of the Code of Criminal Procedure (on the substantive jurisdiction of the inquiry, see the commentary to part 3 of article 150; part 3 of article 151). An exception from the investigative jurisdiction of the inquiry is provided for in Part 1 of Art. 434; subp. “b” and “c” clause 1, part 2, art. 151 Code of Criminal Procedure.

4. The inquiry must be completed within 30 days. Part 3 of the commented article in ed. Federal Law No. 90-FZ of June 6, 2007 indicates that this period can be extended by the prosecutor “up to 30 days.” A literal interpretation of this norm leads to absurdity (it is impossible to extend 30 days to 30 days). Based on the historical interpretation (in previous editions of the commented norm, the period of inquiry was extended “by 10 days”), we can conclude that the initial 30-day period of inquiry is extended by the prosecutor for another 30 days, i.e. up to 60 days. Requests to extend the period of inquiry to 60 days are submitted to the prosecutor 5 days before the expiration of the period (clause 19 of the Order of the Prosecutor General of the Russian Federation of September 6, 2007 N 137 “On the organization of prosecutorial supervision over the procedural activities of the inquiry bodies”). For further extension of the inquiry period, see comment. to part 4 and 5 art. 223.

5. In contrast to the preliminary investigation, the period for a resumed inquiry is extended in accordance with the general procedure provided for in Parts 3, 4 and 5 of Art. 223. Noteworthy is the more liberal procedure for extending the period of inquiry in comparison with the extension of the period of preliminary investigation. The inquiry is extended by the district level prosecutor up to 6 months, and the investigation by the relevant head of the investigation department up to 3 months. This procedure contradicts the idea of inquiry as an accelerated and simplified procedure compared to the investigation. Instead of extending the period of inquiry to 12 months, the prosecutor, even at the district level, has the right to transfer this criminal case for preliminary investigation (clause 11, part 2, article 37; part 4, article 150). Petitions to extend the period of inquiry over 60 days are submitted to the prosecutor 10 days before the expiration of the period, over 6 months - 15 days (clause 19 of the Order of the Prosecutor General of the Russian Federation dated September 6, 2007 N 137 “On the organization of prosecutorial supervision over the procedural activities of inquiry bodies ").

6. During an inquiry, as a rule, there is no: a) procedure for implicating someone as an accused; b) the accused himself (he usually appears at the end of the inquiry after the indictment is issued in accordance with clause 2, part 1, article 47, article 225 of the Code of Criminal Procedure); c) the strictest preventive measures in the form of detention and house arrest are not applied. See comment about this. to Art. 224. As a rule, an inquiry:

a) it is inappropriate to carry out multi-episode and group cases (combining cases during an inquiry is limited - Article 153);

b) is not carried out when it is necessary to carry out investigative or search actions in another area (certain provisions of Part 1 of Article 152 do not apply);

c) is not carried out by the inquiry team (the provisions of Article 163 do not apply);

d) during an inquiry, the seizure of postal and telegraphic items (Article 185) and the control and recording of negotiations (Article 186) are usually not carried out. These investigative actions are designed to last several months, and the short period of inquiry in most cases makes them ineffective.

Comment source:

Ed. A.V. Smirnova “COMMENTARY ON THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION” (ARTICLE BY ARTICLE), 5th edition

SMIRNOV A.V., KALINOVSKY K.B., 2009

Completion of the inquiry

The inquiry ends with the drawing up of an indictment . This document can be compared with a resolution to bring a person as an accused during the preliminary investigation, but formally it has much in common with an indictment.

An indictment is drawn up within 30 days from the date of initiation of a criminal case or within 10 days from the date of arrest (detention) of the suspect. Or within 60 days, if the inquiry period was extended. Requirements for the indictment – Art. 225 Code of Criminal Procedure of the Russian Federation. After its preparation, the investigator presents the document to the now accused and his defense attorney, who simultaneously become familiar with both the act and the materials of the criminal case. If the victim filed a petition, then the indictment and case materials are also presented to him for review.

After completing the procedure for familiarizing yourself with the case, the investigator sends the materials to the prosecutor for approval of the act and sending the case to court.

Download the indictment of the inquiry (form/sample)

Terms of inquiry

The duration of the inquiry is shorter than the period of the preliminary investigation. As a general rule, a full investigation is carried out within 30 days from the date of initiation of a criminal case. However, if necessary, this period can be extended by the prosecutor to 30 days, and if the inquiry involves a large volume of procedural and investigative actions or a forensic examination appointed in the case, the period of inquiry can be extended by the city or district prosecutor (military prosecutor, equivalent to them ) or their deputies for up to 6 months. In exceptional cases related to the execution of a request for legal assistance, the period of inquiry may be extended by the prosecutor of a constituent entity of the Russian Federation or an equivalent military prosecutor to 12 months.

The abbreviated inquiry must be completed within a period not exceeding 15 days from the date of the decision to conduct the inquiry in an abbreviated form.

In cases where it is necessary to re-draft the indictment, and due to the large volume of investigative and other procedural actions, it is not possible to do this within the established period, the period of inquiry may be extended by the prosecutor to 20 days.

The investigator notifies the suspect, his defense attorney, as well as the victim and his representative in writing about the extension of the investigation period.

It is also necessary to keep in mind that the inquiry in an abbreviated form can be terminated and continued in the general manner. In this case, the period of inquiry in a shortened form must be counted in the total period of the preliminary investigation.

Inquiry as a form of preliminary investigation

The current criminal procedural legislation of the Russian Federation provides for two forms of preliminary investigation :

inquiry;
preliminary investigation.

Such differentiation is due to a large number of both substantive and procedural prerequisites: the different severity of the crimes being investigated, etc.

At the same time, both inquiry and preliminary investigation, being forms of the same stage of procedural activity - preliminary investigation, are aimed at achieving a common goal and solving common procedural problems. Consequently, the order of their implementation is very close to each other. This is expressed in particular:

in the general conditions of the preliminary investigation,
in uniform ways of collecting and verifying evidence,
in the same requirements to ensure the rights and legitimate interests of the parties involved,
in identical means of state coercion, etc.

Both the inquiry officer and the investigator are vested with other general procedural powers; the activities of both of these participants are subject to judicial and departmental control, as well as prosecutorial supervision.

Evidence obtained during the investigation has the same legal force for the court as evidence collected during the preliminary investigation.

The preliminary investigation is considered the main form of investigation, since it most fully presents all the procedural possibilities of pre-trial proceedings and guarantees of the rights of the persons involved. Therefore, the investigation of most criminal cases is carried out in the form of a preliminary investigation.

In turn, an inquiry is a simplified form of investigation. Its implementation is possible only in some criminal cases involving crimes of minor or medium gravity, listed in Part 3 of Art. 150 of the Criminal Procedure Code and do not pose much difficulty in the investigation.

Types of inquiry:

carrying out urgent investigative actions carried out by the bodies of inquiry in certain cases in the presence of signs of a crime for which a preliminary investigation is mandatory (Article 157 of the Code of Criminal Procedure of the Russian Federation);
the actual inquiry (“simplified” investigation - in some textbooks) (Articles 223-225 of the Code of Criminal Procedure of the Russian Federation);
shortened inquiry (Articles 226.1-226.9 of the Code of Criminal Procedure of the Russian Federation) - introduced in March 2013.

The first type of inquiry is designed for cases where the investigator is overloaded due to objective reasons or the investigative team is not available due to a business trip or urgent work on another criminal case. At the same time, in the Code of Criminal Procedure of the Russian Federation, the production of urgent investigative actions is not clearly classified either as an inquiry or as a preliminary investigation.

The second type is the actual inquiry, i.e. “accelerated” (simplified) investigation of crimes in the manner and within the time limits specified in Chapter. 32 of the Code of Criminal Procedure of the Russian Federation (Articles 223-225) in criminal cases specified in Part 3 of Art. 150 Code of Criminal Procedure of the Russian Federation.

An inquiry in an abbreviated form is carried out on the basis of a request from a suspect to conduct an inquiry in a criminal case in an abbreviated form and if the following conditions are simultaneously met:

a criminal case has been initiated against a specific person on the grounds of one or more crimes specified in paragraph 1 of part three of Art. 150 Code;
the suspect admits his guilt, the nature and extent of the harm caused by the crime, and also does not challenge the legal assessment of the act given in the decision to initiate a criminal case;
there are no provisions provided for in Art. 226.2 of the Code, circumstances precluding the conduct of an inquiry in an abbreviated form.

In accordance with Part 1 of Art. 223 of the Code of Criminal Procedure, the inquiry is carried out according to the same rules as the preliminary investigation, but with the exception of some procedural features.

The difference between an inquiry and a preliminary investigation:

In the method of criminal procedural regulation . So, according to Part 2 of Art. 150 of the Code of Criminal Procedure, a preliminary investigation is mandatory in all criminal cases, with the exception of those in which an inquiry may be conducted. This means that in the remaining cases listed in Part 3 of Art. 150 of the Code of Criminal Procedure, it is possible to conduct an inquiry. If necessary, including on the written instructions of the prosecutor, the inquiry may be replaced by a preliminary investigation.
In subjects. Thus, an inquiry in criminal cases is carried out by an investigator. And only in exceptional cases, provided for in clauses 7, 8, part 3, art. 151 of the Code of Criminal Procedure, the inquiry can be conducted by an investigator (in particular, in criminal cases related to the special legal status of the suspect or victim, the inquiry is carried out by investigators of the Investigative Committee at the Prosecutor's Office of the Russian Federation).
In terms of time. Thus, inquiries are characterized by shorter procedural periods, which also have their own limits, regulated by Parts 4 and 5 of Art. 223 Code of Criminal Procedure. Therefore, if the investigator cannot complete the investigation within the period established by law, then the criminal case must be transferred to the investigator for further proceedings.
In the procedural status of a person subject to criminal prosecution. Thus, during the investigation, the person against whom criminal prosecution is being carried out receives the status of the accused only at the very last stage - at the time of the indictment against him (before this, throughout the entire previous procedural activity of the interrogator, this person remains in the status of a suspect). In this regard, the legislator provides for a special, specific “procedure for giving a person the status of a suspect, characteristic exclusively for an inquiry - sending a notification of suspicion of committing a crime (Article 223.1 of the Code of Criminal Procedure); During the preliminary investigation, a person, depending on the nature of the crime committed and the specific circumstances of the criminal case, can receive the status of an accused at any stage.
In the way of forming the position of the prosecution for subsequent trial. The position of the prosecution when considered in the form of an inquiry is expressed in the issuance of an indictment against the suspect. This procedural document (Article 225 of the Code of Criminal Procedure) combines elements of both a decision to bring a person as an accused and an indictment. The preliminary investigation is characterized by a two-stage method of forming the prosecution's position: first, the investigator brings the person as an accused (in the manner prescribed by Chapter 23 of the Code of Criminal Procedure), and then an indictment is drawn up against him.
In the relationship between prosecutorial supervision and departmental control. Thus, the powers of the prosecutor over the investigation are very significant. According to Part 2 of Art. 37 of the Code of Criminal Procedure and a number of other provisions of the law, the investigator is obliged to coordinate with the prosecutor a number of procedural decisions, as well as petitions sent to the court. In addition, the prosecutor is in charge of issues regarding the extension of the period of inquiry, the recusal and self-recusal of the investigator, his removal from the investigation, etc. The prosecutor has the right to influence the course of the inquiry, giving binding written instructions on the direction of the investigation, on the conduct of certain investigative actions, etc. Its competence also includes consideration of complaints against actions (inaction) and decisions of the investigator with the right to cancel or partially change them, approval of the indictment and many other procedural powers. Prosecutor's supervision over the course of the preliminary investigation comes down to only a few powers. Departmental control over the progress of the preliminary investigation is carried out by the head of the investigative body. Departmental control over the activities of the inquiry officer is carried out by the head of the inquiry body and the head of the inquiry unit, who, in accordance with Art. 401 and 41 of the Code of Criminal Procedure are vested with certain functions for coordinating this form of investigation, as well as for ensuring the legality and validity of the decisions of the investigator.
In the form of completion of the preliminary investigation. The inquiry may end with the termination of the criminal case (Chapter 29 of the Code of Criminal Procedure) and its sending to court with an indictment (Articles 225, 226 of the Code of Criminal Procedure). In addition, the inquiry can be completed by changing the form of the preliminary investigation, i.e. by transferring the criminal case for further preliminary investigation. The preliminary investigation is characterized by such forms of ending the investigation as termination of the criminal case (Chapter 29 of the Code of Criminal Procedure) and sending the criminal case to court with an indictment (Chapter 30, 31 of the Code of Criminal Procedure). In addition, the preliminary investigation may end in another specific form - sending the criminal case materials to the court for the application of compulsory medical measures (Article 439 of the Code of Criminal Procedure).

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Criminal Procedure Code of the Russian Federation:

Article 223. Procedure and terms of inquiry

1. A preliminary investigation in the form of an inquiry is carried out in the manner established by Chapters 21, 22 and 24 - 29 of this Code, with the exceptions provided for by this chapter.

2. An inquiry is carried out in criminal cases specified in part three of Article 150 of this Code.

3. The inquiry is carried out within 30 days from the date of initiation of the criminal case. If necessary, this period can be extended by the prosecutor to 30 days.

3.1. A suspended inquiry may be resumed on the basis of a decision of the prosecutor or the head of the inquiry unit in the cases provided for in Article 211 of this Code.

3.2. Having recognized the decision to suspend the investigation of a criminal case as illegal or unfounded, the prosecutor, no later than 5 days from the moment of receiving the materials of the criminal case, cancels it, about which he issues a reasoned resolution outlining the specific circumstances to be investigated, which, together with the materials of the criminal case, immediately sends head of the investigation agency. In this case, if the period for inquiry expires, the prosecutor sets a period for additional inquiry of no more than 10 days. Further extension of the period of inquiry is carried out on a general basis in the manner established by parts three, four and five of this article.

3.3. Having recognized the decision to suspend the investigation in a criminal case as unfounded, the head of the inquiry unit issues a reasoned resolution to cancel it and resume the investigation, and if the grounds specified in paragraphs 1 and 2 of part one of Article 211 of this Code arise, to resume it. If necessary, the period for additional inquiry is set by the prosecutor up to 10 days based on a petition from the head of the inquiry unit. Further extension of the period of inquiry is carried out on a general basis in the manner established by parts three, four and five of this article.

4. In necessary cases, including those related to the conduct of a forensic examination, the period of inquiry provided for in part three of this article may be extended by district or city prosecutors, a military prosecutor equivalent to them and their deputies up to 6 months.

5. In exceptional cases related to the execution of a request for legal assistance sent in the manner prescribed by Article 453 of this Code, the period of inquiry may be extended by the prosecutor of a constituent entity of the Russian Federation and an equivalent military prosecutor to 12 months.

6. Resumption of a suspended inquiry or extension of the period of inquiry in criminal cases being processed by an investigator of the Investigative Committee of the Russian Federation is carried out by the appropriate head of the investigative body of the Investigative Committee of the Russian Federation in the manner established by parts three to five of this article.

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