Inquiry in abbreviated form: what it is, timing

Inquiry: what is it

In order to understand what an inquiry is in an abbreviated form, it is necessary to understand what a standard inquiry is.

So, this term refers to activities of a criminal procedural nature, which are carried out by government agencies that have the authority to do so, and by the officials working in them.

An inquiry in an abbreviated form is not much different from a traditional one, but there are significant nuances that must be taken into account

Table 1. Purposes of the inquiry

The current norms under inquiry mean only this type of investigation carried out:

• before legal proceedings in a criminal case for which there are no requirements for a mandatory preliminary investigation;
• as a comprehensive way to conduct an investigation into a specific criminal case.

Inquiry is a procedure of a pre-trial nature

Suspect's consent

The shortened form of inquiry is used if a number of conditions are met. One of them is the consent of the suspect with the factual and legal assessment of his act. This presupposes his admission of guilt. This point is considered positive by many experts. This is due to the following. If the suspect agrees to a simplified procedure, the legislator guarantees him a benefit. It is expressed in establishing 1/2 of the maximum prescribed punishment. This suggests that the abbreviated form of inquiry has the characteristics of a contractual institution. However, in this case there is a possibility of abuse by the prosecution. In this regard, experts point out the advisability of establishing an additional rule. In particular, it assumes that an abbreviated form of inquiry is permitted when the official has sufficient materials to give reason to suspect a particular citizen. Such a provision would direct employees to collect other evidence, and not just to obtain a confession from the subject.

Inquiry in abridged form: application

The application of the abbreviated inquiry procedure we are considering can only be applied in a situation where:

• a criminal case has been opened;
• the person accused of committing a crime admits his guilt, and also confirms the imputed nature of the harm and its final amount;
• the offender refused to challenge the legal assessment of his actions, which was given in the resolution issued in connection with the initiation of criminal proceedings.

The basis for conducting such an inquiry may be a petition filed by the suspect within two days after he was informed of the right to submit a document.

An abbreviated inquiry is carried out if a corresponding petition has been received

Rules for considering an application

It is impossible to submit an application orally; it is accepted only in the form of a handwritten application on paper, which must be endorsed upon completion:

• a person suspected of committing a crime;
• representative of the legal defense of the person.

After the paper is submitted to the investigator, he undertakes to do the following within 24 hours:

• reviewing the information contained therein;
• making a decision regarding the satisfaction of the requests specified in the petition, or, conversely, refusal to do so.

Most often, the decision is positive, however, provided that there are objective obstacles that make it impossible to carry out the inquiry procedure in an abbreviated form, you will be denied.

Code of Criminal Procedure of the Russian Federation Article 226.4. Petition for conducting an inquiry in an abbreviated form

Is it possible to refuse an inquiry in an abbreviated form?

All of the following entities may refuse to conduct an abbreviated inquiry process at any stage of consideration of a committed criminal offense:

• a person suspected of committing an unlawful act;
• accused citizen;
• a person who is a victim of a crime.

The refusal will also need to be formalized in writing by submitting a statement of appropriate content to the investigator for consideration.

Time frame for conducting an inquiry in a shortened form

If a person who is an inquirer has issued a resolution to conduct an inquiry in an abbreviated form, then the investigation conducted in relation to the criminal case under consideration must be completed within the period established by law, which is 15 days from the date of commencement.

However, provided that the prosecutor sees special circumstances in the case, this period may be increased by the prosecutor by 5 additional days.

Code of Criminal Procedure of the Russian Federation Article 226.6. The inquiry period in a shortened form

Concept

Whether a citizen is guilty is determined by the court during the judicial investigation. His decision is based on the conclusions and facts obtained by the competent authorities in the process of studying the circumstances of the case.

The study is carried out within the framework of:

• pre-trial investigation;
• inquiries.

There is no precise definition of these types in the legislation. There are only their characteristics, a description of the procedure. The range of offenses (crimes) for which it is established is also determined (Code of Criminal Procedure, Art. 150, Part 3). In the case when the crime is not included in this list, but has all the signs that allow an investigation, the latter is appointed by the prosecutor (necessarily in writing).

Now about the procedure itself.

When choosing such a type as an abbreviated form of inquiry, the Code of Criminal Procedure of the Russian Federation requires that the following conditions be met:

1. There is a citizen who has committed an offense.
2. There are signs of a criminal act.
3. The man admitted to committing the crime.
4. Knows the essence of his actions.
5. Aware of the consequences.
6. Knows the damage he caused.
7. He does not dispute the legal assessment.
8. Requests a simplified procedure for him.

Today, inquiry is defined only as a short form of investigation, simplified and shortened in time (Code of Criminal Procedure, Chapter 32). Initiated against citizens if they commit an act, the severity of which is defined as medium or small.

In what cases is the abbreviated form of inquiry not applicable?

There is a list of circumstances in the presence of which the form of the inquiry process that interests us cannot be applied in practice.

So, for example, its initiation is completely excluded if the suspect:

• has not yet reached the age of 18, that is, is not considered fully capable;
• does not know how to speak the language in which the criminal proceedings are conducted;
• the victim expressed disagreement with this form of inquiry;
• There are grounds for compulsory treatment in medical institutions.

Code of Criminal Procedure of the Russian Federation Article 226.2. Circumstances excluding the conduct of an inquiry in an abbreviated form

How to file an application

The citizen himself, who became the culprit of the crime, can submit a petition for the inquiry to take place in this form. To do this, a number of conditions must be met:

• the case was initiated against this person based on the characteristics of the offenses listed in paragraph 1 of Part 3 of Art. 150 Code of Criminal Procedure of the Russian Federation;
• the citizen admitted his guilt in committing the crime and does not challenge the legal assessment of his actions;
• he agrees with both the extent of the damage caused and its nature.

This document is drawn up in the name of the investigator, who must make a decision on it within 24 hours. It should only be in written form. It must provide an argument as to why the person wants the inquiry to be in this particular form and provide the circumstances of the case. At the end there must be the signatures of the citizen himself and his lawyer.

How is an inquiry conducted?

According to the letter of the law, the investigator must carry out only those procedures, the refusal of which may subsequently lead to complete and irrevocable loss:

• traces of a malicious unlawful act;
• evidence of guilt of the suspect and accused;
• similar kinds of objects.

The designated official also has the right to refuse to interrogate citizens who provided explanations during the inspection regarding the crime.

If, during the verification stage that took place before the start of the investigation, various studies took place, and experts gave conclusions on them, then the investigator may refuse to order a forensic examination.

In the presence of certain circumstances, the investigator may refuse to carry out standard pre-trial procedures

Please note an important nuance: at the end of such a production procedure as an inquiry in an abbreviated form, an indictment is issued to one or another person. In the case where the abbreviated form of this process is applied, the preventive measure assigned to the defendant cannot be more than one half of:

• the maximum term provided for this punishment;
• the most severe punishment of other types provided for this crime.

If the inquiry had been carried out in full, this requirement would not have been raised.

During the abbreviated inquest, the mystery turns into reality

Existing contradictions

The essence of the simplified procedure is to reduce the number of procedural actions, including investigative ones. The process of proof during an abbreviated inquiry is devoted to Art. 226.5. This norm first of all establishes the reduction of its subject. In particular, it should be limited to establishing the event, the guilt of the subject, the size and nature of the damage caused. Part 2 of the above article provides for the obligation of an official to perform only those procedural actions, the failure of which may lead to irreparable loss of traces of a crime or other essential information. According to some experts, the presence of this provision makes no sense. This is explained by the fact that, according to Art. 226.3 part 2, the victim, suspect or their representatives may refuse to carry out the simplified procedure at any time before the judges retire to the deliberation room.

The subject of proof will be protected in case the investigation proceeds according to the general rules. Within the framework of the simplified procedure, an official may not carry out procedural and investigative actions, as a result of which factual circumstances are established, data about which are present in the materials of the preliminary verification of the statement of crime, if they meet the requirements for evidence. Separately, the right is provided not to order an examination if a specialist’s research has been carried out, and also not to interrogate citizens from whom explanations were taken. The presence of these reservations is unclear, since according to Part 1.2 of Art. 144 establishes that information obtained during the verification of reports of a crime can be used as evidence if the provisions of Articles 75 and 89 of the Code are met.