What is the difference between an indictment and an indictment?

What are the differences and similarities between an act and a resolution?

A lot of people confuse the indictment and the indictment; this is not at all strange, because the documents are similar in purpose, but there are still differences in the content of each of them.

Unlike the conclusion, the act has a dual purpose. The indictment not only represents the end of the inquiry procedure, but also gives the subject of criminal proceedings the procedural status of the accused. According to Art. 225 of the Code of Criminal Procedure of the Russian Federation, the act contains a conclusion about the need to forward the criminal case to the prosecutor for its subsequent transfer to court. The indictment contains only information about the results of the pre-trial investigation.

An indictment is made by the investigator if the investigative actions are completed and the collected amount of evidence is sufficient for a reasonable conclusion that a crime has been committed by a specific person. The document is issued if a shortened form of inquiry takes place, for example, if the criminal confessed to everything and cooperated with the investigation. The indictment lists the circumstances that take place in a particular proceeding and prove guilt, according to Art. 225 Code of Criminal Procedure of the Russian Federation.

In their content and form, the indictment and the indictment practically repeat each other. The resolution, according to Article 225 of the Code of Criminal Procedure of the Russian Federation, must be drawn up no later than 10 days from the date of the decision to conduct an inquiry in an abbreviated form.

After signing by the investigator and the head of the investigative body, the conclusion and act are handed over to the parties to the process for review. Both parties have the right to submit the following requests:

on recognizing the evidence specified in the indictment or act as inadmissible;
on carrying out additional investigative and other actions to supplement the evidence base, which is not sufficient for an objective conclusion about the involvement of a particular subject in a crime;
on the performance of additional investigative actions aimed at verifying the reliability of evidence that raises doubts;
on restatement of the resolution if it does not meet the requirements of Part 1 of Art. 2267 Code of Criminal Procedure.

If, before the expiration of the period specified for familiarization with the resolution or act, no petition is filed, the document is sent to the prosecutor and the judge. The indictment and the act must be accompanied by a certificate indicating information about the place of residence or location of the witnesses who must testify in court.

There must be a certificate describing the preventive measure that was chosen for the suspected person, the period of inquiry in an abbreviated form and information about the presence of dependents of the arrested offender. If there are dependents, then the measures that have been taken to preserve their legal rights are described.

Together with the indictment or resolution drawn up in accordance with the instructions of Art. 225 of the Code of Criminal Procedure of the Russian Federation, all materials of the case are transferred to the prosecutor. It is important to note that the state prosecutor - prosecutor has the right, by his decision, to exclude certain points from the charge, to reclassify the criminal act, or to order the re-drafting of the resolution and act if there are inaccuracies. If the prosecutor approves the charge, the trial begins. After approval of the resolution or act by the prosecutor, petitions and statements related to the criminal case must be submitted to the judge, not the prosecutor.

Indictment

Lawyer Antonov A.P.

One of the types of accused is defined in clause 3, part 1, art. 47 Code of Criminal Procedure of the Russian Federation. This is the person against whom “an indictment has been drawn up.” The question arises, why does the legislator write about issuing a resolution to charge him as an accused and an indictment, but about drawing up an indictment? Is there a fundamental difference in the aspect under consideration between “making” and “composing”?

Comparing the meaning of these two words, it is easy to notice that a person becomes accused when an indictment is issued, just as in the case of others listed in Part 1 of Art. 47 of the Code of Criminal Procedure of the Russian Federation with procedural documents. The indictment will be drawn up even before it is signed by the interrogating officer, and even more so before it is approved by the head of the inquiry body. No wonder in Part 1 of Art. 226.7 of the Code of Criminal Procedure of the Russian Federation first states when this resolution should be drawn up. And only in the next part of the same article - that it must be signed and approved. And it is unlikely that an undrafted resolution can be signed, much less approved, by the head of the inquiry agency. Meanwhile, until the document drawn up is signed, until the indictment is approved, it cannot be considered issued and in the criminal process in the situation under consideration until the specified moment (signing and approval) there will be no accused.

In other words, the term “drawn up”, used in clause 3, part 1, art. 47 of the Code of Criminal Procedure of the Russian Federation, despite its etymology, should be interpreted in the same way as it was customary to understand the meaning of the term “issued” before. Once again, we draw the attention of the law enforcement officer - drawing up an indictment is not enough to ensure that in the event of an inquiry in an abbreviated form, such a subject as the accused will appear in the criminal process. The status of an accused in the required situation for a person against whom an indictment has been drawn up will appear only after the indictment has been signed by the investigator and approved by the head of the inquiry agency.

This is why we believe that the use of the term “drafting” in clause 3, part 1, art. 47 of the Code of Criminal Procedure of the Russian Federation is flawed. For the same reasons, it seems not entirely consistent to use the term “compiled” (“compilation”) in parts 3 and 4 of Art. 226.7 Code of Criminal Procedure of the Russian Federation. There, the drafting rather means complete execution, which includes not only the drafting itself, but also the signing of the indictment by the interrogating officer, as well as its approval by the head of the investigating agency.

No later than 10 days from the date of the decision to conduct an inquiry in an abbreviated form, the indictment must not only be drawn up, but also signed by the inquiry officer and approved by the head of the inquiry body. The accused and his defense attorney must be familiarized with the indictment and the materials of the criminal case no later than 3 days, not from the day the indictment was drawn up and not even from the day it was signed by the interrogating officer, but from the day it was approved by the head of the inquiry agency.

Our statement may well be considered controversial, according to which an indictment cannot be considered issued (“drawn up,” finally formalized) until it is approved by the head of the inquiry agency. Meanwhile, it is fully confirmed by the very structure of Art. 226.7 Code of Criminal Procedure of the Russian Federation.

Article 226.7 of the Code of Criminal Procedure of the Russian Federation is structured in such a way that first (Part 2) it talks about the approval of the indictment by the head of the inquiry body, and only after that - about the timing of drawing up the indictment (Part 3), the period during which the accused and his defense attorney must be familiar with the indictment and materials of the criminal case, etc.

One more argument in defense of our position. Until the indictment (indictment) is approved, it may undergo some changes and, accordingly, it cannot previously be considered finalized (“drawn up”, “issued”), as a result of which it cannot be presented in this form for review the accused, his defense attorney, etc.

The law enshrines the right of the head of the inquiry body to approve the indictment (indictment). Nothing is said about what he has the right to do if, in his opinion, an amendment should be made to the indictment (indictment) that will improve its structure, content, wording of individual elements, etc. Meanwhile, the mere fact that the head of the investigative body has the right to approve the required procedural document, in itself gives him the opportunity not to approve it. Having this tool in his arsenal, of course, the head of the inquiry agency is able to influence the content of the indictment (indictment), which will be sent to the prosecutor. That is why, until he puts his signature on it (approves it), the indictment (indictment) cannot be considered “drawn up” (“issued”) in the form in which it will be sent to the prosecutor. And the accused, his defense attorney (if there is a petition, the victim, his representative) have the right to familiarize themselves with the text of the indictment (indictment) in the wording in which the prosecutor sees it. Otherwise, the very meaning of their familiarization with the document in question is lost. Actually, this is why we believe that a person becomes accused after the indictment that is approved by the head of the inquiry agency is drawn up. Until this allegation took place, such an indictment (drafted indictment) simply does not exist in criminal proceedings.

And now a few words about the structure of the indictment. The latter must comply with the requirements of paragraphs 1 - 8 of Part 1 of Art. 225, parts 1 and 2 art. 226.7 Code of Criminal Procedure of the Russian Federation.

Thus, the procedural document in question includes:

1) the resolution of the supervising prosecutor approving the indictment, indicating the name of the prosecutor's office, class rank, surname, initials of the prosecutor and the date when the indictment was approved by him;

2) a resolution of the head of the inquiry body approving the indictment, indicating the name of the inquiry body, rank, surname, initials of this head, as well as the day, month, year when the indictment was approved by him;

3) the name of the document indicating who is accused and under what points, parts and articles of the Criminal Code of the Russian Federation the indictment was drawn up;

4) information about the identity of each person charged as an accused:

a) last name, first name, patronymic;

b) date of birth;

c) place of birth;

d) place of residence and (or) registration (mobile phone number, if any);

e) citizenship;

f) education;

g) marital status, family composition;

h) place of work or study (office telephone number, if available);

i) attitude to military duty and where the person is registered with the military;

j) presence of a criminal record (when and by what court he was convicted, under what paragraph, part, article of the Criminal Code of the Russian Federation, type and amount of punishment, when he was released);

k) details of the passport or other identification document of the person in respect of whom the indictment is being drawn up;

l) if necessary, other information about the identity of the accused. These may be: nationality (established in order to determine the need to invite an interpreter), the presence of family relations with any of the participants in criminal proceedings who have an independent interest in the criminal case, etc.;

5) 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 (plot);

6) the wording of the charge, indicating the paragraph, part, article of the Criminal Code of the Russian Federation, providing for liability for this crime;

7) a list of evidence confirming the accusation and a brief summary of their content indicating the volume number, sheets of the criminal case;

a list of evidence referred to by the defense and a brief summary of its content indicating the volume number and sheets of the criminal case;

9) circumstances mitigating and aggravating punishment (a brief summary of each circumstance), indicating the volume number, sheets of the criminal case;

10) information about the victim, the nature and extent of the harm caused to him by the crime, indicating the volume number, sheets of the criminal case;

11) information about the civil plaintiff indicating the volume number, sheets of the criminal case;

12) information about the civil defendant indicating the volume number, sheets of the criminal case;

13) locality, day, month, year of drawing up the indictment, number of the criminal case, information about the prosecutor’s office to which the criminal case with the indictment was sent;

14) position, rank, surname, initials of the investigator who drew up the indictment.

It is easy to see that all the general requirements for an indictment are similar to those for an indictment.

Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.

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What it is

The indictment of the Criminal Procedure Code in the Russian Federation is a procedural act that contains conclusions about the investigative work done and forms the outcome of the investigation.

The issuance of such a paper will mean the completion of the preliminary investigation stage and the transfer of the case to the prosecutor for prosecution.

In criminal proceedings, such a document acts as an appeal from law enforcement officers to the court, so that the case is resolved through legal proceedings and a sentence is passed. Such an act can only come from persons carrying out investigative measures.

Art. 220 in the Code of Criminal Procedure of the Russian Federation, as well as the commentary to it, establish the requirements, tasks and goals of such an act.

In addition, such a paper must always meet a number of requirements for its content and order of preparation:

the events of the crime should be specifically indicated and the events should be individualized in relation to the accused;
if there are several elements, for example, murder and theft, all events should be reflected here in detail, but with specification of each of them;
the sample of any accusation presupposes the absence of information that violates the interests of the criminal, exaggerating the degree of his guilt;
evidence in the case should not be presented, as this may cause pressure on the prosecutor and the court before they conduct a detailed and independent study of the case materials;
all events must be reflected either in chronological order or systematically; a combination of these methods of displaying information for several criminal episodes is allowed;
accusing a person when adopting the specified act should be with the same wording as when drawing up a resolution to bring him in as a suspect;
the document must contain references to the case materials, despite the fact that there should not be a direct reference to evidence;
It is always necessary to draw up an annex, indicate the persons involved in the case, a list of evidence, but without explaining it, and so on.

The document, signed exclusively by the investigator, is ultimately transferred to higher authorities. The document must be approved by the leadership of the investigative agency, as well as by the prosecutor.

Accordingly, based on the essence of the prosecution’s conclusion, it performs several functions at once, since it is an integral part of solving the crime. Firstly, the indictment document forms the result of the investigator’s work, draws conclusions that must subsequently be verified and applied as a basis when making a decision by the court.

Secondly, the presence of the procedural act in question guarantees legality. Changing the information is not allowed after it has been signed and approved at the discretion of the participants in the investigation, which ensures the protection of the interests of the perpetrators.

In addition, control by the prosecutor’s office also makes it possible to bring the results of the investigators’ work to legality and justice.

And thirdly, any violations associated with the preparation and adoption of the indictment exclude the possibility of further transfer of the case to higher authorities. Completing all stages of the investigation guarantees its legality and will not allow the perpetrator to escape punishment due to procedural shortcomings in the case.

Procedure and terms of conducting an inquiry. Indictment and indictment.

The victim or his representative, at his request, may be provided with the indictment and materials of the criminal case for review in the same manner as established by part two of this article for the accused and his defense attorney.

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.

The indictment drawn up by the inquiry officer is approved by the head of the inquiry body. The materials of the criminal case, together with the indictment, are sent to the prosecutor.

The prosecutor considers the criminal case received with an indictment, and within 2 days makes one of the following decisions on it:

1) on approval of the indictment and on sending the criminal case to court;

2) on the return of the criminal case for additional inquiry or re-drafting of the indictment with its written instructions. In this case, the prosecutor may set a period of no more than 10 days for conducting an additional inquiry, and no more than 3 days for re-drafting the indictment. Further extension of the inquiry period is carried out on a general basis.

3) on termination of the criminal case

4) on sending a criminal case for preliminary investigation.

A copy of the indictment with attachments is handed over to the accused, his defense attorney and the victim.

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:

1) 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 Article 150 of this Code;

2) 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;

3) there are no circumstances precluding the conduct of an inquiry in an abbreviated form.

The inquiry cannot be carried out in an abbreviated form in the following cases:

1) the suspect is a minor;

2) there are grounds for proceedings to apply compulsory medical measures in the manner established by Chapter 51 of this Code;

3) the suspect belongs to the category of persons in respect of whom a special procedure for criminal proceedings is applied, established by Chapter 52 of this Code;

4) a person is suspected of committing two or more crimes, if at least one of them does not relate to the crimes specified in paragraph 1 of part three of Article 150 of this Code;

5) the suspect does not speak the language in which criminal proceedings are conducted;

6) the victim objects to the conduct of the inquiry in an abbreviated form.

The inquiry in an abbreviated form must be completed within a period not exceeding 15 days from the date of the decision to conduct an inquiry in an abbreviated form. This period includes the time from the day the decision to conduct an inquiry in an abbreviated form is issued until the day the criminal case is sent to the prosecutor with an indictment.

Having recognized that the necessary investigative actions have been carried out and the volume of evidence collected is sufficient for a reasonable conclusion that the suspect has committed a crime, the investigator draws up an indictment. The indictment indicates the circumstances listed for the indictment act, as well as links to the sheets of the criminal case.

The indictment is signed by the investigator and approved by the head of the inquiry body.

The indictment must be drawn up no later than 10 days from the date of the decision to conduct an inquiry in an abbreviated form. If it is not possible to draw up an indictment within this period due to the large volume of investigative and other procedural actions, the production of which, taking into account the peculiarities of evidence, is mandatory, the inquiry after this period continues in the general manner, about which the investigator makes an appropriate decision.

No later than 3 days from the date of drawing up the indictment, the accused and his defense attorney must be familiarized with the indictment and the materials of the criminal case, about which a corresponding note is made in the protocol of familiarization with the materials of the criminal case. If there is a petition from the victim and (or) his representative, these persons become familiar with the indictment and the materials of the criminal case within the same period, which is also noted in the review protocol.

If it is impossible to complete the acquaintance of the accused, his defense attorney, the victim and (or) his representative with the indictment and the materials of the criminal case within the time limit, the investigation on the basis of the decision of the interrogating officer continues in the general manner.

67 Features of preliminary investigation in cases involving minors.

Proceedings under the Criminal Code regarding a crime committed by the NSL are carried out in accordance with the general procedure.

When conducting a preliminary investigation and judicial proceedings on a crime committed by the NSL, the following are established:

1) the age of the minor, day, month and year of birth;

2) living conditions and upbringing of the NSL, level of mental development and other personality characteristics;

3) the influence of older persons on the minor.

If there is evidence indicating a delay in mental development not associated with a mental disorder, it is also established whether the NSL could be fully aware of the actual nature and social danger of his actions (inaction) or direct them.

When conducting a preliminary investigation and trial in a criminal case of a crime of medium gravity or a serious crime committed by a minor, with the exception of crimes specified in part five of Article 92 of the Criminal Code of the Russian Federation (parts one and two of Article 111), the presence or absence of a minor illness that prevents his maintenance and training in a special closed educational institution, for the court to consider the issue of the possibility of releasing the minor from punishment and sending him to the specified institution.

A medical examination of the NSL is carried out during the preliminary investigation on the basis of a resolution of the investigator or inquiry officer in the manner established by the Government of the Russian Federation. The conclusion on the results of the medical examination of the NSL is presented to the court with the materials of the UD.

The case against an individual who participated in the commission of a crime together with an adult is separated into a separate proceeding.

When deciding on the choice of a preventive measure against the NSL suspect or accused, in each case the possibility of placing him under supervision should be discussed. His legal representatives are immediately notified of the arrest, detention or extension of the period of detention by the NSL of a suspect or accused.

The summons of the NSL of a suspect, accused, who is not in custody, to the investigator, interrogating officer or to the court is carried out through his legal representatives, and if the NSL is kept in a specialized institution - through the administration of this institution.

The interrogation of the suspect or accused by the NSL cannot last more than 2 hours without a break, and in total more than 4 hours a day. A defense attorney participates in the interrogation of the suspect or accused by the NSL. In the interrogation of the NSL of a suspect, accused, under the age of 16, or who has reached this age, but suffering from a mental disorder or lagging behind in mental development, the participation of a teacher or psychologist is mandatory.

Legal representatives of the NSL of a suspect or accused are allowed to participate in the criminal investigation based on the decision of the investigator, interrogating officer from the moment of the first interrogation of the NSL as a suspect or accused.

The investigator or interrogating officer has the right, at the end of the preliminary investigation, to make a decision not to present the NSL to the accused for review of those UD materials that may have a negative impact on him. Familiarization with these materials by the legal representative of the NSL of the accused is mandatory.

The legal representative may be removed from participation in the criminal investigation if there are grounds to believe that his actions are detrimental to the interests of the NSL of the suspect or accused. The investigator and interrogating officer make a decision on this. In this case, another legal representative is allowed to participate in the management process.

If during the preliminary investigation of a criminal investigation into a crime of minor or medium gravity it is established that the correction of a minor accused can be achieved without the use of punishment, then the investigator, with the consent of the head of the investigative body, as well as the investigator with the consent of the prosecutor, have the right to make a decision to terminate the criminal prosecution and initiate the court petition to apply a compulsory educational measure to the accused minor, which, together with the UD, is sent by the head of the investigative body or the prosecutor to the court.

If a minor systematically fails to comply with these requirements, the court, at the request of a specialized institution for minors, cancels the decision to terminate criminal prosecution and apply a compulsory educational measure and forwards the materials of the criminal case to the head of the investigative body or the head of the inquiry body.

Termination of criminal prosecution on these grounds is not allowed if the minor suspect, accused or his legal representative objects to this.

68 Features of the preliminary investigation in cases of application of compulsory medical measures.

Proceedings for the application of PMMH are carried out in relation to a person who has committed an act prohibited by criminal law in a state of insanity, or a person who, after committing a crime, has developed a mental disorder that makes it impossible to impose a punishment or carry it out.

PMMH are prescribed in cases where a person’s mental disorder is associated with danger to him or others or the possibility of causing him or her other significant harm.

The requirements of this chapter do not apply to persons in need of treatment for mental disorders that do not exclude sanity. In this case, compulsory medical measures are applied when sentencing.

During the preliminary investigation, the following must be proven:

1) time, place, method and other circumstances of the act committed;

2) whether an act prohibited by criminal law was committed by this person;

3) the nature and extent of the harm caused by the act;

4) the presence of mental disorders in the past, the degree and nature of mental illness at the time of committing an act prohibited by criminal law, or during criminal proceedings;

5) whether the person’s mental disorder is associated with a danger to him or other persons or the possibility of causing him other significant harm.

When establishing the fact of mental illness in a person to whom detention has been applied as a preventive measure, at the request of the investigator with the consent of the head of the investigative body, as well as the inquiring officer with the consent of the prosecutor, the court makes a decision to transfer this person to a medical organization providing psychiatric care in inpatient settings. conditions. The placement of a person who is not in custody in a medical organization is carried out by the court.

If, during a preliminary investigation into a crime committed with complicity, it is established that one of the accomplices committed the act in a state of insanity or that one of the accomplices developed a mental disorder after committing the crime, then a criminal case in respect of him may be allocated into a separate production.

A person in respect of whom proceedings are being conducted to apply the PMMH must be given the right to personally exercise his procedural rights if his mental state allows him to exercise such rights. In this case, the opinion of experts participating in the forensic psychiatric examination and, if necessary, the medical opinion of a medical organization providing psychiatric care in an inpatient setting are taken into account. The legal representative of the person is invited to participate in the criminal investigation based on the decision of the investigator or the court. In the absence of a close relative, the guardianship and trusteeship authority may be recognized as the legal representative.

In the proceedings on the application of PMMH, the participation of a defense attorney is mandatory from the moment a decision is made to appoint a forensic psychiatric examination in relation to a person, if the defense attorney has not previously participated in this criminal case.

At the end of the preliminary investigation, the investigator makes a decision:

1) about the termination of the UD;

2) on sending the UD to the court for the application of PMMH.

The investigator notifies the person against whom the proceedings are being conducted, his legal representative and defense attorney, as well as the victim, about the termination of the criminal investigation or sending it to the court and explains to them the right to get acquainted with the materials of the criminal investigation.

The resolution to send the UD to the court for the application of PMMH must set out:

1) the circumstances established in this criminal case;

2) the basis for the use of PMMC;

3) the arguments of the defense attorney and other persons challenging the basis for the application of PMMH, if they were expressed.

The investigator passes the document with a decision to send it to court to the prosecutor, who makes one of the following decisions:

1) on approval of the investigator’s resolution and on sending the criminal case to court;

2) on the return of the UD to the investigator for additional investigation;

3) on termination of the criminal case.

A copy of the decision to send the criminal case to the court for the application of PMMH is handed over to the person against whom the proceedings are being conducted, his defense attorney and legal representative.

69 Pre-trial agreement on cooperation during the preliminary investigation

A request to conclude a pre-trial cooperation agreement is submitted by the suspect or accused in writing to the prosecutor. This petition is also signed by the defense attorney. If the defense attorney is not invited by the suspect or accused himself, his legal representative, or on behalf of the suspect or accused by other persons, then the participation of the defense attorney is ensured by the investigator.

A suspect or accused has the right to file a petition to conclude a pre-trial cooperation agreement from the moment the criminal prosecution begins until the announcement of the end of the preliminary investigation. In this petition, the suspect or accused indicates what actions he undertakes to perform in order to assist the investigation in solving and investigating the crime, exposing and prosecuting other accomplices in the crime, and searching for property obtained as a result of the crime.

A request to conclude a pre-trial cooperation agreement is submitted to the prosecutor by the suspect or accused, his defense attorney through the investigator. The investigator, having received the said petition, within three days from the moment of its receipt, either forwards it to the prosecutor along with a reasoned resolution agreed upon with the head of the investigative body to initiate a petition to the prosecutor to conclude a pre-trial cooperation agreement with the suspect or accused, or issues a resolution to refuse satisfaction petitions for concluding a pre-trial cooperation agreement.

The investigator's decision to refuse to satisfy a request to conclude a pre-trial agreement on cooperation can be appealed by the suspect or accused, his defense attorney to the head of the investigative body.

The prosecutor considers the petition to conclude a pre-trial cooperation agreement and the investigator's decision to initiate a petition to the prosecutor to conclude a pre-trial cooperation agreement with the suspect or accused within three days from the moment of its receipt. Based on the results of the consideration, the prosecutor makes one of the following decisions:

1) to satisfy the request to conclude a pre-trial cooperation agreement;

2) to refuse to satisfy the request to conclude a pre-trial cooperation agreement.

The prosecutor, having made a decision to satisfy the request to conclude a pre-trial cooperation agreement, invites the investigator, the suspect or accused and his defense attorney. With their participation, the prosecutor draws up a pre-trial cooperation agreement.

A pre-trial cooperation agreement is signed by the prosecutor, the suspect or accused, and his defense attorney.

A petition to conclude a pre-trial cooperation agreement, an investigator’s resolution to initiate a petition to the prosecutor to conclude a pre-trial cooperation agreement with a suspect or accused, a prosecutor’s resolution to satisfy a request to conclude a pre-trial cooperation agreement, a pre-trial cooperation agreement are attached to the criminal case.

In the event of a threat to the safety of a suspect or accused with whom a pre-trial agreement on cooperation has been concluded, his close relatives, relatives and close persons, the investigator makes a decision to store documents in a sealed envelope.

After the completion of the preliminary investigation, the criminal case is sent to the prosecutor to approve the indictment and issue a statement on the defendant’s compliance with the conditions and fulfillment of the obligations stipulated by the pre-trial cooperation agreement concluded with him.

The prosecutor, in the manner and within the time frame established by Article 221 of this Code, considers the criminal case received from the investigator against the accused with whom a pre-trial cooperation agreement has been concluded, as well as materials confirming the accused’s compliance with the conditions and fulfillment of the obligations provided for in this agreement, and in the event approval of the indictment makes a proposal on the special procedure for holding a court hearing and making a court decision in this criminal case.

In the submission, the prosecutor also certifies the completeness and truthfulness of the information provided by the accused in fulfilling his obligations under the pre-trial cooperation agreement concluded with him.

A copy of the presentation made by the prosecutor is handed over to the accused and his defense attorney, who have the right to present their comments, which are taken into account by the prosecutor if there are grounds for doing so.

No later than three days from the moment the accused and his defense attorney familiarize themselves with the presentation, the prosecutor sends the criminal case and presentation to the court.

A special procedure for holding a court hearing and making a court decision in a criminal case against an accused with whom a pre-trial cooperation agreement has been concluded is applied if the court is satisfied that:

1) the state prosecutor confirmed the active assistance of the accused to the investigation in solving and investigating the crime, exposing and prosecuting other accomplices in the crime, and searching for property obtained as a result of the crime;

2) the pre-trial cooperation agreement was concluded voluntarily and with the participation of a defense lawyer.

If the court determines that the conditions are not met, it decides to schedule a trial in the general manner.

The court hearing is held with the mandatory participation of the defendant and his defense attorney.

The court hearing begins with the state prosecutor stating the charges brought against the defendant, after which the state prosecutor confirms the defendant’s assistance in the investigation, and also explains to the court what exactly it was.

In this case, the following should be investigated:

1) the nature and extent of the defendant’s assistance to the investigation in solving and investigating the crime, exposing and prosecuting other accomplices in the crime, and searching for property obtained as a result of the crime;

2) the importance of cooperation with the defendant for solving and investigating the crime, exposing and prosecuting other accomplices in the crime, and searching for property obtained as a result of the crime;

3) crimes or criminal cases discovered or initiated as a result of cooperation with the defendant;

4) the degree of threat to personal safety to which the defendant, his close relatives, relatives and close associates were exposed as a result of cooperation with the prosecution;

5) circumstances characterizing the personality of the defendant, and circumstances mitigating and aggravating the punishment.

The judge, having made sure that the defendant has met all the conditions and fulfilled all the obligations stipulated by the pre-trial agreement on cooperation concluded with him, makes a guilty verdict and taking into account the provisions of parts two and four of Article 62 of the Criminal Code of the Russian Federation (In the case of concluding a pre-trial agreement on cooperation in the presence mitigating circumstances - confession, active assistance in solving and investigating a crime, exposing and prosecuting other accomplices in a crime, searching for property obtained as a result of a crime and in the absence of aggravating circumstances, the term or amount of punishment cannot exceed half the maximum term or amount of the most severe type of punishment, provided for by the relevant article of the Special Part of this Code, as well as the term or amount of punishment imposed on a person in respect of whom the criminal case is considered in the manner prescribed by Chapter 40 of the Criminal Procedure Code of the Russian Federation (without a trial, when the accused agrees with the accusation, cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for the crime committed, and in the case specified in Article 226.9 of the Criminal Procedure Code of the Russian Federation - Peculiarities of judicial proceedings in a criminal case, the inquiry on which was carried out in an abbreviated form - one-half of the maximum term or the amount of the most severe type of punishment provided for the crime committed.) assigns punishment to the defendant. At the discretion of the court, the defendant may be given a more lenient sentence than provided for the crime, a suspended sentence, or he may be released from serving the sentence.

The descriptive and motivational part of the conviction must contain a description of the criminal act of which the defendant is accused, as well as the court’s conclusions about the defendant’s compliance with the conditions and fulfillment of the obligations stipulated by the pre-trial cooperation agreement concluded with him.

Concept and types of jurisdiction.

Jurisdiction is the distribution between courts of cases to be considered at first instance, i.e., the establishment of a specific court that should resolve a given case.

Jurisdiction is recognized as a set of legal properties of a criminal case, which are determined by the court that has the right to consider and resolve a specific criminal case (Article 47 of the Constitution of the Russian Federation).

In criminal proceedings, there are three types of jurisdiction:

1. generic jurisdiction means the assignment of a case to the jurisdiction of one or another level of the judicial system - depending on the type of crime and the nature of the criminal case. Such jurisdiction directly depends on the content (subject) of a particular case. The content is determined, first of all, by the qualification of the act by the person brought to criminal liability. The general rule for determining subject matter jurisdiction can be formulated as follows: district courts must consider all criminal cases, except those that, by law, are within the jurisdiction of higher courts of general jurisdiction, all military courts and magistrates;

2.territorial jurisdiction delimits competence between homogeneous courts, that is, different courts of the same level of the judicial system (for example, district courts of general competence).

A criminal case is subject to trial in the court at the place where the crime was committed.

If a crime was started in a place subject to the jurisdiction of one court, and ended in a place subject to the jurisdiction of another court, then the criminal case is subject to the jurisdiction of the court at the place where the crime was completed.

If the crimes were committed in different places, then the criminal case is considered by the court, whose jurisdiction extends to the place where the majority of the crimes investigated in this criminal case were committed or the most serious of them were committed.

If the crime was committed outside the Russian Federation and the preliminary investigation of the criminal case was carried out on the territory of the Russian Federation, the criminal case is considered by a court whose jurisdiction extends to the place of residence or place of stay of the victim in the Russian Federation or to the place of residence or place of stay of the accused in the Russian Federation, if the victim lives or resides outside the Russian Federation.

A criminal case of private prosecution or a statement by a victim about a crime committed by a citizen of the Russian Federation against a citizen of the Russian Federation outside the Russian Federation is subject to consideration by a magistrate whose jurisdiction extends to the territory in which the victim or accused resides.

3. personal jurisdiction is determined by the properties (signs, characteristics) of the personality of the accused (defendant). In essence, the assignment of some criminal cases to the jurisdiction of specific courts, depending on such properties, is an exception to the general rules of subject and territorial jurisdiction, as well as, to a certain extent, a deviation from the constitutional principle of equality of all before the law and the court. Most often, such personal characteristics of the person brought to criminal liability are taken into account as his belonging to military personnel or those who are equivalent to them (citizens undergoing military training or discharged from military service).

For example, the Garrison Military Court considers criminal cases of all crimes committed by military personnel and citizens undergoing military training, with the exception of criminal cases within the jurisdiction of higher military courts;

The Supreme Court of a republic, a regional or regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, a district (naval) military court has jurisdiction over: criminal cases against a member of the Federation Council, a deputy of the State Duma, a judge of the Constitutional Court of the Russian Federation, a federal judge a court of general jurisdiction or a federal arbitration court, a magistrate, a judge of a constitutional (statutory) court of a constituent entity of the Russian Federation at their request submitted before the start of the trial.

The jurisdiction (jurisdiction) of military courts is established by Art. 7 of the Federal Constitutional Law of June 23, 1999 No. 1-FKZ “On Military Courts of the Russian Federation”. These courts have jurisdiction over criminal cases involving crimes committed, as a rule, by military personnel.

Issues to be clarified and resolved in a case brought to court

Based on the UD received by the court, the judge must find out in relation to each of the accused:

1) whether the criminal case is within the jurisdiction of this court;

2) whether copies of the indictment or indictment were served;

3) whether the preventive measure is subject to election, cancellation or change, and whether the period of house arrest or period of detention is subject to extension;

4) whether the submitted requests and complaints are subject to satisfaction;

4.1) have measures been taken to ensure the execution of the penalty in the form of a fine?

5) whether measures have been taken to ensure compensation for damage caused by the crime and possible confiscation of property, and whether the period of seizure imposed on the property is subject to extension.

6) whether there are grounds for holding a preliminary hearing.

The issue of choosing a preventive measure in the form of bail, house arrest or detention, or of extending the period of house arrest or the period of detention is considered in a court session by a judge at the request of the prosecutor or on his own initiative with the participation of the accused, his defense attorney, if he is participating in the criminal investigation , the legal representative of the minor accused and the prosecutor, or at the preliminary hearing. The parties must be notified of the place, date and time of the court hearing at least 3 days before its start.

The issue of extending the period of arrest imposed on property is considered in a court session by a judge at the request of the prosecutor or on his own initiative or at a preliminary hearing held if there are grounds.

The preliminary hearing is held:

1) if there is a party’s request to exclude evidence;

2) if there are grounds for returning the criminal case to the prosecutor;

3) if there are grounds for suspension or termination of the criminal case;

4) if there is a request from a party to conduct a trial without the participation of the defendant (according to the Criminal Code for grave and especially grave crimes; the defendant is outside the territory of the Russian Federation and (or) avoids appearing in court if this person has not been brought to justice in the territory of a foreign state in this criminal case);

5) to resolve the issue of consideration of the criminal record by a court with the participation of a jury;

6) in the presence of a sentence that has not entered into legal force, providing for the conditional condemnation of a person against whom a criminal case has been filed in court for a crime previously committed by him;

7) if there are grounds for separating a criminal case.

A request for a preliminary hearing may be submitted by a party after familiarization with the materials of the criminal case or after sending the criminal case with an indictment or indictment to the court within 3 days from the date the accused receives a copy of the indictment or indictment.

The resolution on scheduling a court hearing also resolves the following issues:

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What are the differences and similarities between an act and a resolution?

A lot of people confuse the indictment and the indictment; this is not at all strange, because the documents are similar in purpose, but there are still differences in the content of each of them.

Unlike the conclusion, the act has a dual purpose. The indictment not only represents the end of the inquiry procedure, but also gives the subject of criminal proceedings the procedural status of the accused. According to Art. 225 of the Code of Criminal Procedure of the Russian Federation, the act contains a conclusion about the need to forward the criminal case to the prosecutor for its subsequent transfer to court. The indictment contains only information about the results of the pre-trial investigation.

In their content and form, the indictment and the indictment practically repeat each other. The resolution, according to Article 225 of the Code of Criminal Procedure of the Russian Federation, must be drawn up no later than 10 days from the date of the decision to conduct an inquiry in an abbreviated form.

Everything about criminal cases

Go to the text of the Code of Criminal Procedure

Url Additional information:

Indictment

- Part 1 226.7 Code of Criminal Procedure

compiled when all actions are completed

- Part 1 226.7 Code of Criminal Procedure

contents of the indictment

- Part 2 226.7 Code of Criminal Procedure

approved by the head of the inquiry body

- Part 3 226.7 Code of Criminal Procedure

The deadline for drawing up a resolution is 10 days

- Part 3 226.7 Code of Criminal Procedure

if it is impossible to meet the deadline, switch to the general procedure

Familiarization with the case materials

- Part 4 226.7 Code of Criminal Procedure

the accused, the defense lawyer familiarizes himself with the case within 3 days

- Part 4 226.7 Code of Criminal Procedure

the victim is familiarized with the petition

- Part 5 226.7 Code of Criminal Procedure

if it is impossible to meet the deadline, switch to the general procedure

Petitions

- Part 6 226.7 Code of Criminal Procedure

The suspect has the right to file a petition:

— clause 1 part 6 226.7

on declaring evidence inadmissible

- clause 2 part 6 226.7

about collecting evidence

— clause 3, part 6 226.7

on verification of evidence

- clause 4 part 6 226.7

on restatement of the indictment

- Part 7 226.7 Code of Criminal Procedure

after the petitions are resolved, the case is sent to the prosecutor

Resolution of petitions

- Part 8 226.7 Code of Criminal Procedure

in 2 days the indictment is re-drafted

- Part 9 226.7 Code of Criminal Procedure

actions are carried out in 2 days

- Part 9 226.7 Code of Criminal Procedure

if impossible, the period is extended by 20 days

- Part 9 226.7 Code of Criminal Procedure

if it is impossible to meet the deadline, switch to the general procedure

Reference to the indictment