International criminal investigation is considered one of the key areas of cooperation between countries in combating crime. During its implementation, international legal norms and principles, provisions of interstate agreements and national legislation apply. Let us further consider the features of the international search for criminals and other persons.
general characteristics
An international search is a set of measures taken by authorized structures of the initiating country and requested foreign states, aimed at detecting, detaining and extraditing (surrendering) wanted persons. It is carried out in the territory of each country participating in the search.
Cooperation between states is based on the following principles:
- Sovereign equality of countries.
- Non-interference in the affairs of other states.
- Conscientious fulfillment of undertaken obligations.
- Respect for freedoms and human rights.
- The inevitability of punishment for committed illegal actions.
How to survive while on the federal wanted list
Editor's note: The following text reproduces a blog post by our friend and author of Russian Journal. We decided to re-publish it because the Yandex administration, which is responsible for the public rating of LiveJournal, did not allow this entry to reach the top, thereby blocking the possibility of wide acquaintance of readers with this point of view.
The editors of the Russian Journal, like the author of the unpublished post, in no way call for violation of the laws of the Russian Federation and do not incite citizens to illegal actions.
ICPO value
The structure of the International Tracing Service includes the General Secretariat. This body is permanent.
The General Secretariat coordinates activities on an international scale and ensures that the database of wanted criminals is updated. This body is also authorized to cancel actions to search for persons due to a violation of the Interpol Charter or insufficient information.
Grounds for putting on the international wanted list
Through the NCB it is possible to initiate a search for persons only in the territory of Interpol member countries.
There are a number of nuances that need to be paid attention to. An Interpol search is initiated only if information is received about:
- Departure of the subject outside Russia.
- The presence of friendly, family or other connections with a person abroad of the Russian Federation.
- The citizen’s intention to leave Russia for business or other purposes.
If there is confirmed information that a person has left the Russian Federation, a search is announced immediately. At the same time, measures are being taken to promptly place the citizen on the federal wanted list.
Another point that should be noted is that the Interpol search is not provided for subjects involved in crimes in the military, political sphere, or those of a racial or religious nature.
Search for suspects and accused in the Russian Federation, what it is and how it works. Part 2
Let's continue our conversation.
Formally, the procedure for putting a suspect or accused on the wanted list consists of the investigator issuing a decision to put the person on the wanted list and forwarding this decision for execution to the operational unit of the relevant law enforcement agency (Ministry of Internal Affairs of the Russian Federation, FSB of the Russian Federation).
The investigator issues and sends a search warrant to the operational unit within three days from the date of the decision to charge the person as an accused. A search may be announced both during the investigation and simultaneously with the suspension of the investigation. If the investigator puts the accused or suspect on the wanted list simultaneously with the suspension of the preliminary investigation, then he has the right not to draw up a separate resolution on the wanted list: in this case, a single resolution on the suspension of the preliminary investigation and the declaration on the wanted list is issued.
To carry out the investigator’s orders to search for accused and suspects, special search units have been created in the system of operational units of the Ministry of Internal Affairs of the Russian Federation and the FSB of the Russian Federation, the employees of which, after receiving the order to put on the wanted list, open a search case on the wanted person and take measures to establish the whereabouts of the latter. As a rule, a search case is opened after 10 days from the date of receipt of the investigator’s decision to place the accused or suspect on the wanted list.
During the specified 10 days, operational officers carry out initial actions to establish the whereabouts of the wanted person, and if these actions do not produce results, a search case is opened.
However, in urgent cases, when there is information that the accused cannot be found without carrying out the full range of investigative measures, for example, there is information that the accused has left Russia, a search case is opened immediately after the person is put on the wanted list. A separate resolution is issued on the establishment of a search case, and at the same time a plan of search activities is developed, which is approved by the head of the search unit.
After opening a search case, the operational officer immediately fills out a wanted card in duplicate for the wanted person, a watch list, a statistical card of the established form, which is sent to register the wanted person in federal and regional information centers (GIC of the Ministry of Internal Affairs of the Russian Federation, ZIC of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation and all subjects of the federation, also, if necessary, in the information centers of the FSB and other law enforcement agencies).
Also, identification cards are filled out for the wanted person, which are stored in the materials of the search case, and after the goal is sent to information centers for checking against the files of unidentified corpses (identification cards are sent to missing persons no later than one month).
The department of the Ministry of Internal Affairs of the Russian Federation at the place of issue of the passport, as well as the civil registry office at the place of receipt of the birth certificate, marriage certificate, are informed about the search (this is done in case the wanted person applies for a new passport, a change of surname, obtaining a passport, etc.).
During the search, neighbors, relatives and acquaintances of the wanted person are interviewed, handwriting samples, photographs and samples are confiscated for comparative research, search tasks and orientations are prepared and sent to higher and other departments of the internal affairs bodies, the FSB of the Russian Federation, in particular at the place of possible location of the wanted person. , information for placing information about the wanted person in operational reports and orientations.
An analysis of modern investigative practice shows that in the overwhelming majority of cases, on the same day the investigation issues a decision to charge a person as an accused, a decision to select a preventive measure, a decision to suspend the investigation and put the person on the wanted list. This practice of filing charges in absentia for the purpose of putting a person on the wanted list has its roots in the Soviet era, but in modern conditions its legality when considered in conjunction with existing procedural norms is questionable, since, for example, it does not allow the person to be notified of the upcoming procedure for filing charges.
So, putting a person on the wanted list in connection with unlawful behavior is possible only in relation to a suspect or accused. From a formal point of view, in order to put a citizen on the wanted list, in addition to the fact that a criminal case has been initiated, there must be at least one of the following circumstances:
- a criminal case must be initiated against the wanted person;
- a decision must be made against the wanted person to charge him as an accused;
- the wanted person should have been previously questioned in this criminal case as a suspect;
- the wanted person was previously detained in this criminal case as a suspect;
- a preventive measure was applied against the wanted person before charges were filed;
- the wanted person was notified of suspicion of committing a crime during a criminal investigation in the form of an inquiry.
It is the presence of one of the listed circumstances that confirms the status of a person in the case as a suspect or accused, respectively.
With respect to you, lawyer of the KSCA "Paritet" V.N. Vagin
Instructions from the Prosecutor General's Office
It is sent to the NCB to initiate an international search for subjects for further arrest and extradition. For this purpose, an order is being issued from the Prosecutor General's Office to contact the competent authorities of foreign countries through Interpol channels with a request to detain the wanted citizen until an official request for his extradition is received.
The order must contain confirmation that if a person is detected and detained in the territory of any Interpol member country, extradition will be requested in the prescribed manner.
Preparatory stage
Before sending a request to the NCB to put a criminal or missing citizen on the wanted list, authorized structures must:
Establish the fact of issuing a foreign passport to the wanted subject. If the answer is positive, the relevant department of the Federal Migration Service will request copies of the materials that served as the basis for obtaining the document, and the details of the latter.
Take measures to collect data on the identity of the wanted citizen, including those necessary to identify the subject.
Collect other information, materials, documents that are used when creating an international search request.
How do the police find them?
Every day, crime stories from five or even ten years ago emerge from oblivion. “A murderer who has been hiding from the investigation for 20 years has been detained.”
“A child support evader who fled from justice while his son was a minor was caught.”
. It turns out that we catch criminals not only in hot pursuit.
And employees of the Directorate for Organization of Operational-Investigative Activities of the Main Directorate of Criminal Investigation of the Ministry of Internal Affairs of Russia are responsible for searching for criminals.
Actions of the National Central Bank
After receiving a request, the National Bureau checks it for compliance with established requirements. After studying, one of the decisions is made:
- Take measures to fulfill the request.
- Request additional information if the data received is insufficient.
- Refuse to place a citizen on the international wanted list.
The structure that sent the request is notified of the decision made by the Bureau. The response indicates the measures taken to organize the search and the results obtained during the search.
How to hide from unwanted people
As you know, very often unforeseen situations arise when you need to disappear for a while. And although they don’t talk about it loudly, sometimes you have to hide from your ex-wife, creditors, police, and criminal elements. There may be many reasons, but they all require a quick solution, otherwise things will be bad later.
The most common reasons include gambling debts, taking out a loan from a bank or, even worse, from a shady money lender, a random fight that ended in the death or severe injuries of one of the opponents.
Main events
After putting a citizen on the wanted list, the NCB carries out:
- Sending a request to foreign member countries of Interpol (one or more).
- Preparation and submission of applications (YELLOW, BLUE or RED NOTICE) to the General Secretariat of the ICPO.
A request is sent to all Interpol member countries if:
- Operational search work carried out on the territory of states in which the wanted person had connections and he himself could be located did not produce results.
- There is confirmed information about the subject's travel outside Russia, but there is no information about the location or possible connections abroad.
A request for the formation of an international wanted notice is sent to the Secretariat one year after sending a request to put a citizen on the wanted list to all Interpol member countries, if previously taken measures were ineffective.
Search for Russia
Acts provided for in parts one or two of this article, committed during martial law, war or in a combat situation -
They can ban you only if the bailiff has issued a ruling restricting travel from the Russian Federation.
is punishable by a fine in the amount of three hundred to five hundred times the minimum wage, or arrest for a term of not more than two months, or imprisonment for a term of not more than two years.
▪ Evasion of the next conscription for compulsory military service, training camps or mobilization in the absence of legal grounds for exemption from this service -
Article 327 of the Criminal Code of Armenia. Avoidance of compulsory military service, training camps or mobilization
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Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!
RED NOTICE
This petition is sent to draw up a notice of the search for a person for his subsequent arrest and extradition. It is sent to the Secretariat if the NCB has received confirmation from the Prosecutor General’s Office that if a subject is detected and detained on the territory of a foreign state, the arrest and extradition of this person will be requested according to the established rules.
RED NOTICE can be transmitted up to a year from the date of sending the request to all INTERPOL member countries if:
- The wanted citizen committed a particularly serious act.
- The crime caused major damage.
- The citizen is a repeat offender.
What to do if you are detained due to being on the international wanted list?
If you are put on the international wanted list, the police are obliged to hand you over to the city prosecutor's office, where initial extradition checks will be carried out on you. It is important to remember that from the moment of your actual detention by police officers, regardless of the time of day, 3 hours are counted, after which you must either be officially detained in accordance with Art. 91 – 92 of the Code of Criminal Procedure of the Russian Federation, or released on an obligation to appear.
Who is subject to extradition to a foreign state?
According to Art. 13 of the Criminal Code, citizens of the Russian Federation who have committed a crime on the territory of a foreign state are not subject to extradition to that state.
Foreign citizens and stateless persons who have committed a crime outside the Russian Federation and are located on the territory of the Russian Federation may be extradited to a foreign state for prosecution or serving a sentence in accordance with an international treaty of the Russian Federation.
Thus, citizens of the Russian Federation, even if they have dual citizenship, are not subject to extradition to a foreign state.
In addition, there is a fairly wide list of grounds provided for by the Code of Criminal Procedure of the Russian Federation on which the extradition of a person is not allowed, in particular, the statute of limitations for committing a crime has expired, the person has been granted political asylum in Russia, and others.
The inspection period at the city prosecutor's office is 3 days from the date of actual detention of the person. After being delivered to the prosecutor's office, the employee questions you in detail and establishes your identity and the authenticity of the documents you submit.
During the survey, the presence or absence of grounds for extradition to a foreign state will be established: citizenship, whether the statute of limitations has expired for a crime committed on the territory of a foreign state, whether a crime committed on the territory of a foreign state is criminally punishable on the territory of Russia, whether the criminal prosecution of a detained person is actually persecution for political, religious, racial, national reasons. In addition, there are often situations when the wanted criminal is the exact namesake of the detained person. In this regard, in all cases, an analogue of the domestic certificate in Form No. 1 is requested from the state initiating the search.
After receiving primary documents from the state initiating the search, the prosecutor’s office employee decides whether there are formal grounds for extraditing the person to a foreign state. If such grounds are established, the prosecutor detains the person in accordance with Art. 91-92 of the Code of Criminal Procedure of the Russian Federation for 48 hours before receiving copies of certain documents of the criminal case (decision to charge as an accused, decision of the investigator to put on the international wanted list, court decision to select a preventive measure in the form of detention).
After analyzing all the documents and explanations of the detained person, the prosecutor writes a conclusion on the possibility or impossibility of his extradition to a foreign state. If a person is not subject to extradition to a foreign state, he is released from custody before the expiration of 48 hours.
If a person is subject to extradition to a foreign state, the prosecutor petitions the city (district) court to select a preventive measure for the detained person in the form of detention for a period of 30 or 40 days, depending on the specific state initiating the search. Subsequently, the period of detention may be repeatedly extended by the court in accordance with the norms of the Code of Criminal Procedure of the Russian Federation.
Within 3 days from the moment the wanted person is identified, the district prosecutor's office sends the materials of the extradition check to the prosecutor's office of the constituent entity of the Russian Federation.
What actions do you need to take if you are put on the international wanted list?
Firstly, you have the right to request a telephone call to your close relatives so that they know about your detention.
Secondly, it is recommended at the initial stage to use the help of a professional defense attorney, since it is he who will help you establish the grounds on which extradition to a foreign state is impossible, as well as competently appeal against possible illegal decisions of Russian law enforcement agencies. In addition, the lawyer will help in obtaining visits from close relatives if you are placed in a pre-trial detention center.
And finally, thirdly, without the presence of your lawyer, do not give any testimony or sign procedural documents in order to avoid negative consequences due to possible legal illiteracy in matters of extradition.
Termination of the search
It is allowed after the period allotted for the implementation of all necessary measures to locate the citizen. The international search period is limited to 1 year. However, it is possible to extend it. To continue operational-search activities, a notification must be sent annually to the NCB.
The international search ends if:
- The location of the wanted citizen has been established on the territory of the Russian Federation or a foreign state.
- The corpse of a person has been discovered or documentary evidence of his death has been received.
- Criminal proceedings have been terminated.
- The subject was extradited to the law enforcement agencies that initiated the search.
- The citizen was detained on Russian territory.
- The preventive measure has been changed.
- An amnesty act was issued.
If one of the specified grounds is present, a decision is made to complete the international search.
I'm on the Federal Wanted List
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Transfer of a citizen
Through the NCB, issues related to the implementation of the procedure for extradition of a wanted person must be agreed upon with the competent structures of a country that is not a member of the CIS. In particular, the date, time, place of transfer, list of required documents, number and composition of the convoy are determined. In addition, issues related to the citizen’s stay in a foreign country must be resolved.
The initiator of the search notifies the NCB about the delivery of the person. The National Bureau, in particular, is notified of the date of arrival and place of accommodation of the citizen.
After delivery, the initiator of the search, within three days after the transfer, is obliged to issue a resolution on the completion of search activities. The document must be transferred to the NCB or branch within 2 days. The latter is also obliged to inform the National Bureaus of foreign countries on whose territory the search was carried out about its termination within two days.
A note for the paranoid: How to survive while on the Federal Wanted List
They fabricated a couple of criminal cases against me, such that I could have been imprisoned for more than 5 years, they put me on the Federal Wanted List and offered me VOLUNTARY
