Application to initiate a criminal case: assistance from a lawyer

Sometimes individuals have to write a statement to initiate a criminal case, but not everyone knows how to do this correctly. A few months ago I became a victim of scammers. In order to punish criminals as they deserved, it was necessary to write a corresponding complaint against them and submit it to the head of the police department for consideration.

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I did so, but the document was considered to have no legal force. In this regard, I had to contact a lawyer and find out what should be indicated in statements of this kind and in what order, as well as what details are necessary in the document. This is exactly what I will talk about in this article.

Filing an application to initiate a criminal case

It should be noted that such a procedural document has certain rules for drafting. Despite the fact that the form of its compilation is free, they should be taken into account.

So, for example, before you write a statement against your neighbor to the district police officer, you should understand that it differs from applications in civil law proceedings. Those. it is necessary to make sure once again that this is really the only way out and the right solution in the current situation. After all, the consequences of filing this document can be radical.

Firstly , before writing a statement about criminal prosecution, it is worth fully studying the issue from the legal side. Without the appropriate education, it is better to entrust this to an experienced specialist, after consulting with a lawyer.
Secondly , only after you make a final decision, file a statement with the police to initiate a criminal case. If the application does not have an effect, then do not forget about appealing the refusal to initiate a criminal case, which will resume the inspection.

Refusal to accept a complaint to the Investigative Committee

Acceptance of an application may be refused:

in the absence of corpus delicti in the reflected facts;
the application cannot be considered by the Investigative Committee, since this is not within the competence of the body - in such cases, an explanation is made about which department has the right to consider such documents;
rude and aggressive behavior of the applicant or being intoxicated.

Even if the document is accepted for consideration, the result for the applicant can be either positive or negative. If a citizen is not satisfied with the decision of the Investigative Committee, he has the right to appeal to higher authorities or send a statement of claim to the court.

Where to file a crime report?

All cases are initiated and investigated in accordance with the criminal procedural law at the place where the event occurred, so if the theft occurred in the Oktyabrsky district of Yekaterinburg, then you should not waste time and try to file a statement about the incident to the Leninsky police department. Even if the application is accepted, it will still go to the October department, and, therefore, time will be lost on sending materials to the KUSP.

As for determining the body that should investigate each specific case, everything is much more complicated. It is difficult for an unprepared applicant to understand when his case belongs to the investigative committee and when it should be dealt with by the police department. But by clarifying the information with the competent authorities, you will receive a prompt answer to your question.

See also VIDEO with advice from a lawyer on protecting victims:

How to file a complaint

The legislation establishes the following methods for filing applications:

Personal visit to the local branch of the IC.
Personal appeal to the reception office of the central office of the Investigative Committee at the address: Moscow, st. 1st Frunzenskaya, 3-a.
Sending a written appeal to the address: 105005, Moscow, lane. Technical, no. 2.
By hotline telephone number: 8-800-100-12-60 or 8-800-100-12-70 – telephone number to contact the Chairman of the Committee. The direct line is available every 1st and 3rd Wednesday of the month from 14:00 to 19:00. All phone calls are recorded.
Through the Internet reception on the website: sledcom.ru/reception.

Department Order No. 17 establishes a single deadline for considering citizens' complaints - 30 days from the date of registration. The period for responding to a parliamentary request is 15 days from the date of registration.

How to file a statement to initiate a criminal case?

They write it in free form, but at the same time it must be compiled in an official, but respectful and demanding form. This document must contain:

“header”, where you indicate the full details of the addressee and addressee;
an indication that this is a statement;
a clearly, competently and essentially stated text, while it should not be a “memoir” with arguments, briefly state everything about the incident, be sure to indicate, if there are witnesses, your requirements;
information that you know about the consequences if the denunciation turns out to be false;
evidence base, if any (it is better to prepare it in a separate list and attach it to the document);
then the date and signature are required.

It is better to ask our lawyer if you have a question about how to correctly write a statement to the police, who will help you understand the nuances and fill out the document correctly. In addition, he will explain the procedure for what will happen after, and will tell you how to recover compensation for moral damage that is due to the victim.

Submission methods

A completed complaint can be submitted in one of the following ways:

During personal appearance at the selected government agency. In this case, the application itself is submitted to the office of the authority, where it is then registered and sent for consideration to its authorized employee;
By post. Having chosen this method, you should send the application by registered mail with a list of attachments and notification of acceptance;
Online. Today, you can file a complaint online when contacting almost any government agency. To do this, you need to go to the official website of the selected authority, and then leave your appeal using the Internet reception.

Verification of an application to initiate a criminal case

In accordance with Part 2 of Art. 21 of the Criminal Procedure Code of the Russian Federation, in each case of detection of signs of a crime, an official (head of the investigation or inquiry department, investigator, inquiry officer or prosecutor) is obliged to take measures to establish the event of the crime that occurred and expose persons involved in the commission of the crime.

In this case, the official conducting the inspection is obliged to accept a message about any crime committed or being prepared, after which, within the limits of his competence established by the Criminal Procedure Code of the Russian Federation, make the following decisions on it:

initiate a criminal case and begin an investigation;
refuse to initiate a criminal case, notifying the applicant about this.

Consideration of a crime report is understood as the procedural activity of an authorized official, which is aimed at solving immediate problems at the stage of “initiating a criminal case.”

It is worth especially noting that the protection of the rights and legitimate interests of individuals and organizations that have suffered from crimes (victims), as well as the protection of individuals from illegal and unfounded accusations, convictions, restrictions on rights and freedoms must be implemented from the very beginning of the criminal process, starting from the moment of adoption crime reports.

A professional, complete and prompt verification of a crime report directly contributes to making the right decision at the stage of “initiating a criminal case.” In addition, effective investigation of crimes has a positive impact on the protection of the rights and freedoms of victims.

But, unfortunately, victims are increasingly faced with unprofessionalism of officials, red tape and incomplete investigation of criminal cases. But with a low level of legal awareness, they become victims of such incompetence, thereby not being able to fully protect their rights and freedoms. It is in order to avoid such situations that a lawyer is needed.

How to write a complaint against an investigator

Statements against investigators are written in case of gross violations of the norms of the Code of Criminal Procedure of the Russian Federation during the pre-trial investigation, fraudulent actions, official forgery, negligent attitude towards fulfilling one’s duties, etc.

In the process of writing an appeal, you must be guided by the following rules:

The essence is presented clearly and concisely.
The information reflected in the document is supported by references to legislative acts confirming the fact of unlawful actions.
For electronic requests, the number of characters in the text should not exceed 5000, and the maximum file memory size should not exceed 5 MB.

The document consists of the following blocks:

Introductory part - the full details of the recipient represented by the investigative body and the applicant are indicated.
Description – a detailed statement of the facts that gave rise to the appeal, indicating references to the article of the Code of Criminal Procedure of the Russian Federation.
A petition is a request to consider an appeal and take action in accordance with the law.
List of attached documents - all facts specified in the application must be supported by documents. Otherwise, the Investigative Committee may refuse consideration.

If circumstances are identified that are not addressed by the investigative authorities, the document is forwarded to the relevant department.

Time limit for initiating criminal proceedings upon application

Article 144 of the Criminal Procedure Code of the Russian Federation provides for specific terms for conducting a pre-investigation check, after which the official makes a decision to initiate a criminal case or refuse to initiate:

3 days is the general minimum period. As a rule, for crimes classified as grave and especially grave, a decision is made within the first day.
10 days – upon a reasoned request, the official has the right to extend the period for conducting the inspection. During this period, persons are interviewed, documents are studied that officials did not have time to interview and study in 3 days.
30 days is the deadline for conducting an inspection.

It can also be extended upon a reasoned request, but the grounds for extension are an exhaustive list of actions:

The need to conduct documentary checks;
The need for audits;
The need to conduct forensic examinations;
The need to study documents;
The need to research objects;
The need to examine corpses;
Conducting operational search activities.

It is not necessary to make a decision on the last day of the deadline. If the official believes that all the circumstances have been established, and the actions of individuals or a specific person contain or do not constitute a crime, he has the right to make an appropriate decision.

The criminal procedure legislation of the Russian Federation does not establish any other deadlines for checking the message and making a decision on the case.

Reasons for contacting

The investigator is a key figure in the pre-trial investigation. The future fate of all participants in the process directly depends on his professionalism and objectivity. The investigator acts as a link between the prosecutor's office and the judicial authority. In most cases, the nature of the verdict depends on the objectivity of the investigative actions carried out. According to statistics, citizens turn to the investigative committee with the following complaints:

The conviction contains unreliable or incorrect facts, the evidence of which was not provided.
During the preliminary investigation, the requirements for non-disclosure of personal data of the participants in the investigation were violated.
Investigative measures were carried out with real violations of the current Code of Criminal Procedure.
Obtaining an official refusal to initiate an investigation into the incident and initiate a criminal case.
Identifying signs of fraud.
Unlawful actions of the employer. If a complaint is filed regarding delayed wages, it is necessary to provide reliable information about the non-receipt of earned money for at least three months in a row.
Abuse of authority by police officers.
Failure to fulfill one's direct duties or deliberate inaction on the part of the bailiff.

Is it possible to withdraw a statement after a criminal case has been initiated?

Depending on the nature and severity of the crime committed, criminal prosecution, including charges in court, is carried out:

Privately.

Criminal cases for crimes provided for in the following articles of the Criminal Code of the Russian Federation are initiated only at the request of the victim or his legal representative.

Part 1 Art. 115 of the Criminal Code of the Russian Federation – Intentional infliction of minor harm to health;
Art. 116.1 of the Criminal Code of the Russian Federation - Battery by a person subject to administrative punishment;
Part 1 Art. 128 of the Criminal Code of the Russian Federation – Libel.

However, there are still exceptions when a criminal case under these articles is initiated by an official without a statement from the victim. Namely, if a crime is committed against a person who, due to his dependent or helpless state or for other reasons, cannot protect his rights and legitimate interests.

Such cases have one more feature - they are considered by magistrates, provided that the details of the person in respect of whom such an application is filed are known. Otherwise, the magistrate refuses to accept the application and sends it to the investigative or inquiry authorities to decide on the initiation of a case, of which he notifies the applicant.

And, perhaps, the most important feature of such cases is the possibility of reconciliation! That is, before the court retires to the deliberation room, the applicant has the right to ask the court to discontinue the proceedings. Thus, the applicant actually withdraws the previously submitted application.

In a private-public manner.

Criminal cases provided for in the following articles are also initiated at the request of the victim or his legal representative:

Art. 116 of the Criminal Code of the Russian Federation – Battery;
Part 1 Art. 131 of the Criminal Code of the Russian Federation – Rape;
Part 1 Art. 132 of the Criminal Code of the Russian Federation - Violent acts of a sexual nature;
Part 1 Art. 137 of the Criminal Code of the Russian Federation – Violation of privacy;
Part 1 Art. 138 of the Criminal Code of the Russian Federation - Violation of the confidentiality of correspondence, telephone conversations, postal, telegraph or other messages;
Part 1 Art. 139 of the Criminal Code of the Russian Federation - Violation of the inviolability of the home;
Art. 145 of the Criminal Code of the Russian Federation - Unreasonable refusal to hire or unjustified dismissal of a pregnant woman or a woman with children under three years of age
Part 1 Art. 146 of the Criminal Code of the Russian Federation - Violation of copyright and related rights;
Part 1 Art. 147 of the Criminal Code of the Russian Federation - Violation of inventive and patent rights.
If committed by an individual entrepreneur:
Art. 159-159.3 of the Criminal Code of the Russian Federation - Fraud;
Art. 159.5 of the Criminal Code of the Russian Federation - Fraud in the insurance industry;
Art. 159.6 of the Criminal Code of the Russian Federation – Fraud in the field of computer information;
Art. 160 of the Criminal Code of the Russian Federation – Misappropriation and embezzlement;
Art. 165 of the Criminal Code of the Russian Federation – Causing property damage by deception or abuse of trust.

Some citizens, due to ignorance of the consequences and responsibility, file a criminal complaint in order to “scare” the offender. Most often this happens under Art. 116 of the Criminal Code of the Russian Federation and Art. 131 of the Criminal Code of the Russian Federation. However, they do not take into account that after filing such an application and initiating a criminal case, it can no longer be taken away.

Taking into account the fact that the courts of the Russian Federation, unfortunately, have an accusatory orientation, if it comes to trial, the lawyer must make titanic efforts to minimize the punishment of the accused or achieve an acquittal.

It is worth remembering that if you find yourself a participant in the above cases, especially if you did not commit a crime, you should never agree to “reconciliation” so that the punishment is minimal, since reconciliation itself in such cases is not provided for by the criminal procedural legislation of the Russian Federation . Therefore, you should not fall for the “I’ll take the application back later” conversation.

In public.

All other criminal cases, except those indicated in this article, are cases of public prosecution, in which reconciliation of the parties is impossible, and therefore you will not be able to withdraw the submitted application to initiate a criminal case!!!

Terms and procedure for consideration

After the received application is registered, an authorized employee of the supervisory authority will subject it to a thorough analysis. According to the law, the standard period for considering a complaint should not exceed 3 days; in some cases, if there is a large list of additional materials, this period can last up to 5 days.

In exceptional cases, the period for consideration of the application may be delayed even further, but in this case the applicant will receive a corresponding notification.

The result of consideration of the application will be one of the following decisions:

Satisfaction of the complaint and requirements thereunder;
Refusal to satisfy the application and return of the application to the citizen who submitted it.

Drawing up an application to initiate a case in Yekaterinburg

In modern life, people are often faced with various circumstances that require them to take very balanced and rather difficult actions. And this mainly concerns the exercise of one’s civic duty, which is to report a crime that was committed by a group of people or one person.

If you become a witness to illegal acts or as part of protecting the rights of a victim after a crime, you need to file a criminal complaint. But before you take this action, you should think about the current situation, since reporting a crime can have a considerable number of pitfalls.

Our lawyer at the Law Office “Katsailidi and Partners” in Yekaterinburg can take on all the hassle of drafting it: professionally, on favorable terms and on time. Call today!

How to write a complaint against the police

In case of excess of authority and established restrictions during the performance of official duties, citizens can write a complaint against the actions of the police, including to the Investigative Committee.

The general writing requirements are identical to statements that are written in response to unlawful actions of the investigator. The document also describes in detail the circumstances that preceded the unlawful act on the part of the police.

When drawing up a claim, the emphasis is on Article 3-FZ “On the Police”, which provides for service instructions for the work of police officers.