Who is a prosecutor?
The definition of a prosecutor is established in the Law “On the Prosecutor's Office of the Russian Federation” dated January 17, 1992 No. 2202-1 FZ; it also stipulates the powers, duties of an authorized person, the structure of the prosecutor's office and the conditions of service of the official.
The prosecutor is an official who is authorized to prosecute the perpetrator during legal proceedings, supervise the processes of inquiry of the accused and the preliminary investigation authorities.
Until the prosecutor brings charges against the defendant, the presumption of innocence is assumed. The service in the prosecutor's office is public.
There are several divisions of the prosecutor's office:
- General Prosecutor's Office of the Russian Federation;
- Prosecutor's offices of other cities and regions of the Russian Federation;
- units of the Military Prosecutor's Office;
- organizations of science and education;
- editions of printed materials;
- Prosecutor's offices of the constituent entities of the Russian Federation.
Requirements and representations of the prosecutor in criminal cases: concept and differences
One of the participants in criminal proceedings is the prosecutor, who is entrusted with two main functions:
- supervision of compliance with laws when checking reports of crimes, investigating criminal cases, considering criminal cases by courts and during the execution of sentences and other court decisions;
- approval of the indictment (indictment, indictment, order on the application of compulsory measures of a medical or educational nature) and maintenance of the charge in court.
As part of the exercise of his powers, the prosecutor, when establishing facts of violation of the current legislation, issues and sends demands and representations to the head of the investigative body. Despite the fact that both of these forms of prosecutorial response are based on facts of violations of the law, they differ from each other in both regulatory regulation and purpose.
- The prosecutor's demand in a criminal case is a form of prosecutorial response provided for by the Code of Criminal Procedure of the Russian Federation to violations of criminal procedural legislation during the investigation of a specific criminal case, expressed in a mandatory instruction addressed to the head of the investigative body to eliminate the violations committed. The grounds and procedure for the prosecutor to make demands in the field of criminal proceedings are regulated by the Criminal Procedure Code of the Russian Federation. The Law “On the Prosecutor's Office of the Russian Federation,” although it indicates the mandatory requirements of the prosecutor, does not identify the requirement as a separate form of prosecutorial response, meaning by requirement only an instrument for the prosecutor to demand the necessary information from officials, citizens and organizations.
The prosecutor sends demands to cancel the investigator's illegal or unfounded decision and eliminate other violations of federal legislation committed during pre-trial proceedings.
According to Art. 21 of the Code of Criminal Procedure of the Russian Federation, the requirements of the prosecutor within the limits of his powers are mandatory. Meanwhile, the demands of the prosecutor addressed to the head of the investigative body may not be fulfilled.
So, according to part 4 of Art. 39 of the Code of Criminal Procedure of the Russian Federation, the prosecutor’s demands are considered by the head of the investigative body within no later than 5 days. Based on the results of consideration of the request, two scenarios are possible, which depend on whether the head of the investigative agency agrees with the received request.
If the investigator investigating the criminal case, as well as the head of the investigative body, agrees with the essence of the prosecutor’s demands, then the identified violations are eliminated, and the head of the investigative body informs the prosecutor about the cancellation of the illegal or unfounded decision of the investigator and the elimination of the violations.
If the investigator investigating a criminal case does not agree with the received demand, then he is obliged to send written objections to the head of the investigative body (Article 38 of the Code of Criminal Procedure of the Russian Federation), which are brought to the attention of the prosecutor. According to paragraph 7 of part 2 of Art. 37 of the Code of Criminal Procedure of the Russian Federation, the prosecutor has the right to consider the investigator’s information about disagreement with the prosecutor’s demands presented by the head of the investigative body and make a decision on it.
If the head of the investigative body disagrees with the request, the latter issues a reasoned resolution of disagreement with the prosecutor’s demands, which is sent to the prosecutor within 5 days.
According to Part 6 of Art. 37 of the Code of Criminal Procedure of the Russian Federation, when the prosecutor receives a resolution from the head of the investigative body about disagreement with the demands of the prosecutor, the prosecutor has the right to appeal to the head of a higher investigative body up to the Chairman of the Investigative Committee, the head of the Investigation Department of the Ministry of Internal Affairs of the Russian Federation, the head of the Investigative Department of the FSB of the Russian Federation. Also, the prosecutor can appeal in such a case to the Prosecutor General of the Russian Federation, whose decision is final.
- Prosecutor's presentation. The procedure for the prosecutor's submission is regulated by the Federal Law of the Russian Federation of January 17, 1992 N 2202-1 “On the Prosecutor's Office of the Russian Federation.”
The prosecutor's presentation in a criminal case is an act of prosecutorial response to identified violations of criminal procedural legislation that are systemic in nature, provided for by the Federal Law "On the Prosecutor's Office of the Russian Federation", addressed to the head of the investigative body and containing proposals both for eliminating violations of the law and the causes and conditions that contributed to the commission violations of the law, as well as to bring the perpetrators to justice. In a more general understanding, the prosecutor’s representation is provided for by the Federal Law “On the Prosecutor’s Office of the Russian Federation”, along with a protest, resolution and warning, one of the acts of the prosecutor’s response to identified violations of the law that occurred as a result of actions (inactions) or decisions made by government bodies and officials, which is formalized in writing. A proposal to eliminate violations of the law is submitted by the prosecutor or his deputy to the body or official who is authorized to eliminate the violations committed, and is subject to immediate consideration.
According to Art. 24 of the Federal Law “On the Prosecutor's Office of the Russian Federation”, within a month from the date of submission of the submission, specific measures must be taken to eliminate violations of the law, their causes and conditions conducive to them; the results of the measures taken must be reported to the prosecutor in writing.
The difference between the prosecutor's demand and the prosecutor's presentation in a criminal case.
Thus, within the framework of criminal proceedings, the main difference between the prosecutor’s demand and the prosecutor’s presentation is the following:
- The prosecutor's request is made when violations are established within the framework of the investigation of a specific criminal case, consideration of a specific report of a crime and is aimed at canceling an illegal and unfounded procedural decision, eliminating specific violations, and taking specific actions to eliminate violations of the law. The submission is made when violations of a systemic, general nature are identified, for example, based on the results of violations identified during the investigation of several criminal cases, and is aimed not only at eliminating the violations, but also the causes and conditions that contributed to the occurrence of violations, as well as at attracting the perpetrators to responsibility.
- The request of the prosecutor in a criminal case, the procedure for its consideration is regulated by the Code of Criminal Procedure of the Russian Federation, and the presentation is regulated by the Law “On the Prosecutor's Office of the Russian Federation”.
- The period for consideration of the request and notification to the prosecutor about the results is 5 days, and the submission is subject to immediate consideration with notification to the prosecutor about the measures taken within one month.
Some statistics: at the end of 2022, Russian prosecutors sent 294,731 demands within the framework of criminal proceedings, and in 2022 – 316,820 demands. In 2022, 85,790 submissions were made, and in 2022 – 86,160. That is, 3.5 times more demands were sent than submissions were made.
Basic functions of a lawyer
The Attorney General performs several main functions during his service:
- regulates the number of staff and the structure of the prosecutor's office units;
- issues instructions and orders regulating the activities of employees of the Prosecutor's Office;
- appoints and dismisses rectors and vice-rectors from positions that operate in special-purpose organizations;
- The prosecutor is responsible for the appropriate performance of all tasks assigned to employees.
A lawyer most often begins his professional career as an assistant prosecutor, and as a result of worthy service he can aspire to a higher rank. There are also special divisions of the prosecutor's office in the areas of natural conservation and environmental protection.
REFERENCE! Prosecutor's offices that are not part of its unified system cannot operate on the territory of the country.
Participation of the prosecutor in pre-trial proceedings
The prosecutor's office controls the entire process of prosecution and inquiry during pre-trial proceedings. The prosecutor has the right to supervise the legality of the activities of the police and inquiry bodies and control the legality of their actions.
Also, if necessary, the employee can intervene in the investigation at any time and at any stage of the investigation. If a delay in pre-trial proceedings is detected, which causes casualties or other negative consequences, the prosecutor has the right to order an inspection of the activities of law enforcement agencies. To obtain documents related to a criminal investigation, the prosecutor must send a written request to the investigators.
What are the powers of the prosecutor during pre-trial proceedings in a criminal case?
According to Article 37 of the Code of Criminal Procedure of the Russian Federation, when investigating a criminal case, the prosecutor has the following rights:
- take a break from the investigation if there are compelling reasons;
- terminate the investigation by providing serious reasons;
- the prosecutor has the right to give instructions when returning criminal cases if additional investigative measures are necessary;
- approve acts of accusation or conclusion;
- send criminal cases to the courts for further proceedings;
- control over the receipt of copies of the indictment by the defendant;
- sign on various procedural documents;
- carry out extension of the preliminary investigation;
- in case of violations or mistakes by officials, the prosecutor has the right to relieve them of their duties;
- if there are serious reasons, the prosecutor has the right to change the investigator, transferring the case to him;
- accepting or rejecting self-recusals from officials;
- make decisions on issues of challenges to law enforcement agencies;
- approval of the initiation of criminal cases by investigation or inquiry procedure;
- exercise control over compliance with legislation during the activities of law enforcement agencies.
IMPORTANT! The authorized officer does not have the right to stop the harassment, only to approve the termination order.
Grounds for initiating a criminal case
Lawyer Antonov A.P.
The Code of Criminal Procedure of the Russian Federation provides for two forms of initiating a criminal case. The first, most often encountered, is a procedural decision on the availability of sufficient data at the disposal of the investigator (interrogating officer, etc.) indicating signs of the objective side of the crime, and provided for in Art. Art. 140 - 143 of the Code of Criminal Procedure of the Russian Federation, the source of such. This decision must be formalized by a resolution to initiate criminal proceedings.
The second form of initiating a criminal case is provided for some private prosecution cases. However, it is not mentioned in Chapter 20 of the Code of Criminal Procedure of the Russian Federation, which means that it has no relation to the provisions enshrined in paragraph 1 of Part 1 of Art. 46 of the Code of Criminal Procedure of the Russian Federation. For this reason alone we cannot agree with I.L.’s statement. Petrukhin, according to which a suspect is any person against whom a criminal case of private prosecution has been initiated.
When does the moment come to initiate a criminal case in the manner established by Chapter 20 of the Code of Criminal Procedure of the Russian Federation? And, accordingly, from what point in the criminal process does the suspect appear in this case? There can be one answer to the questions posed: after the decision to initiate a criminal case is duly formalized and signed by a competent official (body), or, otherwise, from the moment the decision to initiate a criminal case is signed by the investigator (inquirer, etc.). As a general rule, from now on, if a criminal case is initiated against a specific person, the specified person is given the legal status of a suspect.
A criminal case must be initiated “on the grounds and in the manner established by Chapter 20 of this Code.” “This Code” here means the Code of Criminal Procedure of the Russian Federation.
The legal concept of the grounds for initiating a criminal case, which are discussed in paragraph 1 of Part 1 of Art. 46 of the Code of Criminal Procedure of the Russian Federation, defined in Part 2 of Art. 140 Code of Criminal Procedure of the Russian Federation. Here, in particular, it is said that “the basis for initiating a criminal case is the presence of sufficient data indicating signs of a crime.”
To get a more complete understanding of this concept, you should decide on the answers to two questions:
- what signs are we talking about here;
- What does “sufficient data” mean?
Signs of a crime are a criminal law concept used in two meanings: the concept of formative signs of a crime and signs of a crime. Is it consistent to use the term “evidence of a crime” without any additional reservations in criminal proceedings to characterize the factual grounds for initiating a criminal case? I think not, for two reasons. Firstly, speaking in general about the signs of a crime, proceduralists force the law enforcement officer to think that the initiation of a criminal case is possible only if there is one (the presence of all the signs of a crime). Secondly, the lack of specification of what elements of a crime are being discussed leads to the inherently absurd conclusion that sufficient data on any elements of a crime is the actual basis for initiating a criminal case.
Neither the signs of the subject, nor the signs of the subjective side of the crime, in isolation from the signs of the objective side of the crime, have any significance for deciding the issue of initiating a criminal case. The task of establishing the subject and the subjective side of the crime faces the next stage after the initiation of a criminal case - the stage of preliminary investigation. Only after investigative actions have been carried out is it permissible to talk about any degree of proof of a person’s guilt in committing a crime. It is unacceptable to identify the person who committed the crime by means of preliminary verification of statements and reports of a crime.
Accordingly, we can conclude that in Part 2 of Art. 140 of the Code of Criminal Procedure of the Russian Federation, the grounds for initiating a criminal case are understood as sufficient data at the disposal of the competent authority indicating procedurally significant signs of the objective side of the crime. This position, regarding the grounds for initiating a criminal case, is shared by the majority of proceduralists.
Meanwhile, it is necessary to pay special attention to the fact that we are not talking about all the signs of the objective side of the crime. Only the presence of information from the preliminary investigation authorities about the signs of a socially dangerous act and signs of socially dangerous consequences of its commission can become the reason for the emergence of one or another criminal procedural legal relationship that we are analyzing.
Now a few words about what is meant by the term “sufficient data”. The data becomes sufficient after the body competent to initiate a criminal case has such a set of materials (evidence) at its disposal that it generates reliable knowledge about the indisputable presence of a set of criminally procedurally significant signs of the objective side of the crime, which makes it possible to make a decision to initiate a criminal case. Usually, sufficient data appears as a result of a preliminary verification of the statement (report) of a crime, but sometimes they can be contained directly in the reason for starting the criminal process (the reason for initiating a criminal case).
As a general rule, the investigator (investigator, etc.) has the right to independently make a decision to initiate a criminal case. There is only one exception to this. In the absence of a statement from the victim (his legal representative) in cases of private-public prosecution in the event of a crime being committed against a person who cannot defend his rights and legitimate interests, the investigator (inquiry body, head of the inquiry unit, head of the inquiry body, leader or member of the group investigators) have the right to initiate a criminal case only with the consent of the prosecutor. Such a criminal case can also be initiated against a specific person.
Everything is clear with the general order. The decision to initiate a criminal case against a specific person is made (the resolution is drawn up) by the investigator himself (inquiry officer, etc.). As soon as such a resolution is signed by him, a suspect appears in the criminal process.
The situation when a criminal case can be initiated only with the consent of the prosecutor is not so simple. At what point in the criminal process will the suspect appear in this case: when did the investigator (head of the inquiry unit, etc.) put his signature on the resolution, or when did the prosecutor give consent (certify it with his own signature)? Or, in other words, who initiates such a criminal case: the investigator who makes a decision, or the prosecutor who gives consent to this? In order to give a correct answer to the question posed that corresponds to the letter of the law, you should do a small analysis of the content of Part 4 of Art. 147 Code of Criminal Procedure of the Russian Federation.
In Part 4 of Art. 147 of the Code of Criminal Procedure of the Russian Federation states that the investigator initiates a criminal case. It does not say here that the investigator petitions the prosecutor to make an appropriate decision, as is the case with the procedure for making some other criminal procedural decisions (for example, with the adoption of a decision to extend the period of inquiry, where a corresponding petition is filed with the prosecutor). In other words, the wording of this part of Art. 147 of the Code of Criminal Procedure of the Russian Federation allows us to conclude that the decision to initiate a criminal case is made not by the person giving consent, but by the investigator (the head of the investigation unit, etc.).
In order for a person to become a suspect according to the rules provided for in paragraph 1 of Part 1 of Art. 46 of the Code of Criminal Procedure of the Russian Federation, the procedure for initiating criminal cases established by Chapter 20 of the Code of Criminal Procedure of the Russian Federation must be observed.
This order is enshrined in Art. Art. 146 and 147 of the Code of Criminal Procedure of the Russian Federation. This understanding of this phrase is suggested by the interpretation of the concepts “order” and “established”. Order is the rules by which something happens (by which it should happen, be done). The verb “establish” means to determine, appoint, approve, put into effect. To establish means to make a mandatory rule.
Mandatory rules of procedure for initiating criminal cases of public prosecution are enshrined in Art. 146 of the Code of Criminal Procedure of the Russian Federation, and the same kind of rules concerning cases of private-public prosecution - in Art. 147 Code of Criminal Procedure of the Russian Federation.
In relation to the procedure for initiating criminal cases of public prosecution, we are talking about the following rules:
1) to initiate a criminal case, it is necessary to have the provisions provided for in Art. 140 of the Code of Criminal Procedure of the Russian Federation reasons and grounds;
2) the decision to initiate a criminal case is made by the investigator (inquiry officer, etc.);
3) it is mandatory to comply with the provisions of Parts 2 and 3 of Art. 146 of the Code of Criminal Procedure of the Russian Federation, the procedural form of the decision to initiate a criminal case.
The procedure for initiating criminal cases of private-public and private prosecution by an investigator (inquiry officer, etc.) is less regulated by the criminal procedure law. Nevertheless, it seems that all of the above basic rules for initiating criminal cases of public prosecution are also applicable to the procedure for initiating criminal cases of private-public and private prosecution by an investigator (inquiry officer, etc.). The only difference between these procedures is that cases of private-public and private prosecution, as a general rule, are initiated only at the request of the victim (the legal representative of the victim, and in the event of the death of the victim, at the request of his close relative). Without such a complaint, the investigator (the head of the investigative body, the head or a member of the investigative team) has the right to initiate a criminal case of private-public or private prosecution only if the crime of which they became aware was committed against a person who cannot defend his rights and legitimate interests (due to a dependent or helpless state or for other reasons). And the investigator (the head of the investigation unit, etc.) is allowed to initiate criminal cases of this kind, but only with the consent of the prosecutor.
Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.
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What are the powers of the prosecutor during criminal proceedings?
In criminal proceedings, the prosecutor has the right to give instructions to investigators and investigators. These instructions are binding, even if at the end of the process it is determined that they were illegal.
The employee who gave these instructions is responsible for the illegality of instructions . When considering cases involving private prosecution, the prosecutor participates in the trial process.
The participation of the employee is carried out at two stages of the criminal process:
- criminal investigation process;
- debate between the defense and prosecution.
At the end of the trial, if the prosecution is not satisfied with the verdict, the prosecutor can file an appeal if there are serious reasons for doing so.
Powers of the prosecutor during trial:
- represents the prosecution, proving the guilt of the accused;
- announces the indictment;
- carries out questioning of witnesses in the prosecution process;
- asks questions to clarify the details of the trial to the participants in the investigation;
- provides the court and the defense with evidence of the defendant’s accusation;
- submits requests for examinations, inquiries for investigations, and the inclusion of certain documents;
- during the debate between the parties, he announces the accusation and the deserved punishment for the defendant;
The prosecutor is obliged to appear at the court hearing; if the employee is absent for compelling reasons, the hearing must be postponed for the necessary period. Notice of the appointed place and time of the trial is sent in person, the summons must be signed.
If the victim does not appear in the courtroom for good reasons, including being in the clinic, the official is obliged to request a petition to postpone the case to another date that satisfies the possibility of the victim’s appearance. During the trial, it is possible to change commissioners with the filing of applications for challenge. A change of the indicting party may be decided by one of the parties, also by the judge, if there is a suspicion that the accused party is interested in a certain outcome of the trial.
An appeal through an appeal is impossible in two cases:
- when an acquittal is rendered;
- a sentence that does not provide for punishment.
Appeals by prosecutors were rare in practice in 2022, as the court imposed the same punishment if the charge was proven. There were only minor mitigations of punishment.
IMPORTANT! The prosecuting party must be present at the sentencing. Absence is considered a violation of the law.
Everything about criminal cases
Go to the text of the Code of Criminal Procedure
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Prosecutor
- Part 1 37 Code of Criminal Procedure
two tasks: criminal prosecution and investigation supervision
I). Powers of the prosecutor during the investigation stage of the case
- Part 2 37 Code of Criminal Procedure
powers of the prosecutor at the stage of investigation of the case:
— clause 1 part 2 37 Code of Criminal Procedure
checks the receipt of messages
— clause 2, part 2 37 Code of Criminal Procedure
if the prosecutor has identified it himself, he forwards the material to the investigator
— clause 3, part 2, 37 Code of Criminal Procedure
demands elimination of violations of the Code of Criminal Procedure
— clause 4 part 2 37 Code of Criminal Procedure
gives the investigator written instructions
A). Supervision of the inquiry
- clause 5 part 2 37 Code of Criminal Procedure
gives consent to the investigator to submit petitions to the court:
- clause 5 part 2 37 Code of Criminal Procedure
gives consent to the investigator on the preventive measure
- clause 5 part 2 37 Code of Criminal Procedure
gives consent to actions requiring court approval
— clause 6, part 2, 37 Code of Criminal Procedure
cancels the investigator's decisions
— clause 9, part 2, 37 Code of Criminal Procedure
considers challenges to the investigator
- clause 10 part 2 37 Code of Criminal Procedure
dismisses the investigator
- clause 11 part 2 37 Code of Criminal Procedure
removes the case from the inquiry and transfers it to the investigator (
part 4 150
)
— clause 13 part 2 37 Code of Criminal Procedure
approves the termination of the case by the investigator
- clause 14 part 2 37 Code of Criminal Procedure
approves the indictment
- clause 15 part 2 37 Code of Criminal Procedure
return of case to change charges and qualifications
- clause 15 part 2 37 Code of Criminal Procedure
return of the case to re-draft the indictment
b). Supervision of the investigation
— clause 5.1 part 2 37 Code of Criminal Procedure
The prosecutor checks the investigator's decisions:
— clause 5.1 part 2 37 Code of Criminal Procedure
checks the refusal to initiate a case
— clause 5.1 part 2 37 Code of Criminal Procedure
checks the suspension of the case
— clause 5.1 part 2 37 Code of Criminal Procedure
checks the termination of the case
- clause 14 part 2 37 Code of Criminal Procedure
approves the indictment
— clause 7, part 2, 37 Code of Criminal Procedure
considers information about the investigator’s disagreement
- clause 15 part 2 37 Code of Criminal Procedure
return of case to change charges and qualifications
- clause 15 part 2 37 Code of Criminal Procedure
return of the case to re-draft the indictment
Pre-trial agreement
(powers of the prosecutor)
- clause 5.2 part 2 37 Code of Criminal Procedure
powers of the prosecutor to enter into a pre-trial agreement
Judicial actions
under investigation
- clause 8, part 2, 37 Code of Criminal Procedure
participation of the prosecutor in court (at the pre-trial stage):
— clause 8, part 2, 37 Code of Criminal Procedure
participates in the consideration of preventive measures
— clause 8, part 2, 37 Code of Criminal Procedure
when considering actions requiring a court decision
— clause 8, part 2, 37 Code of Criminal Procedure
when considering complaints in accordance with Article
125 of the Code of Criminal Procedure
- clause 8.1, part 2 of 37 Code of Criminal Procedure
the prosecutor participates in extending the term of custody
Transfer of cases between authorities
- clause 12 part 2 37 Code of Criminal Procedure
the prosecutor transfers cases between investigative bodies
- clause 12 part 2 37 Code of Criminal Procedure
the prosecutor cannot transfer within the system of one body
- clause 12 part 2 37 Code of Criminal Procedure
seizes any case and transfers it to the Investigative Committee
— clause 16 part 2 37 Code of Criminal Procedure
other powers of the prosecutor
Dispute between the prosecutor and the investigative agency
- Part 6 37 Code of Criminal Procedure
in case of disagreement with the investigator, to a higher authority
- Part 6 37 Code of Criminal Procedure
in case of disagreement with a higher authority, contact the Chairman of the Investigative Committee
- Part 6 37 Code of Criminal Procedure
if you disagree with the Chairman of the Investigative Committee, contact the Prosecutor General
II). Powers of the prosecutor at the trial stage
- Part 3 37 Code of Criminal Procedure
the prosecutor supports the prosecution at the trial stage
- Part 4 37 Code of Criminal Procedure
the prosecutor has the right to withdraw charges
- Part 5 37 Code of Criminal Procedure
prosecutors at different levels (district and higher)
Complaint to the prosecutor
Complaint to the prosecutor
to the investigative bodies, mechanism
124 of the Code of Criminal Procedure
Article 37 of the Code of Criminal Procedure. Prosecutor
1) The prosecutor is an official authorized, within the competence provided for by the Criminal Procedure Code:
Url Additional information:
- Part 1 21 Code of Criminal Procedure
the prosecutor's duty to prosecute
- carry out criminal prosecution on behalf of the state - during criminal proceedings;
— as well as supervision over the procedural activities
of the inquiry bodies and preliminary investigation bodies.
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Complaint to the prosecutor
Complaint to the prosecutor
to the investigative bodies, mechanism
124 of the Code of Criminal Procedure
2) during pre-trial proceedings in a criminal case, the prosecutor is authorized to:
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Departmental instructions on receiving reports of crimes:
— Order of the Ministry of Internal Affairs dated August 29, 2014. № 736
— Order of the Investigative Committee dated October 11, 2012. № 72
— Order of the FSB dated May 16, 2006. № 205
1). verify compliance with the requirements of federal law when receiving, registering and resolving reports of crimes;
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— P.1.8
Order No. 212 if the prosecutor himself identified the crime
- clause 4 part 1 140 Code of Criminal Procedure
prosecutor's decision grounds for initiating a case
- Part 1.1 148 Code of Criminal Procedure
refusal to initiate a prosecutor with the consent of the head of the investigation
Reason for initiating a case
Prosecutor's resolution
as a reason to initiate a case
2). make a reasoned decision to send relevant materials to the investigative body or inquiry body to resolve the issue of criminal prosecution based on violations of criminal law identified by the prosecutor;
Url Additional information:
- Part 6 37 Code of Criminal Procedure
scheme for resolving a dispute between an investigative body and a prosecutor
3). demand from the bodies of inquiry and investigative bodies the elimination of violations of federal legislation committed when receiving, registering and resolving reports of crimes, conducting an inquiry or preliminary investigation
;
4). give the investigator written instructions about:
- direction of investigation,
— production of procedural actions;
5). give consent to the investigator to:
- filing a petition before the court to select, cancel or change a preventive measure,
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— Part 2 29 Code of Criminal Procedure
procedural actions requiring judicial sanction
- or about the performance of another procedural action that is permitted on the basis of
a court decision;
5.1). request and verify the legality and validity of the decisions of the investigator or head of the investigative body:
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- Part 4 148 Code of Criminal Procedure
a copy of the refusal is sent to the prosecutor within 24 hours
- Part 6 148 Code of Criminal Procedure
cancellation by the prosecutor of the investigator's refusal
— on
refusal to initiate criminal proceedings,
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- Part 2 208 Code of Criminal Procedure
a copy of the decision is sent to the prosecutor
— on
the suspension of a criminal case,
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- part 1 213 of the Code of Criminal Procedure
a copy of the termination order is sent to the prosecutor
— on the termination of a criminal case, and make a decision on them in accordance with the Criminal Procedure Code;
5.2).
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—
317.2 Code of Criminal Procedure
consideration of a request to conclude a pre-trial agreement
- consider a petition for concluding a pre-trial cooperation agreement and the investigator’s decision to initiate a petition before the prosecutor to conclude a pre-trial cooperation agreement with the suspect or accused,
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- clause 1 part 1 317.2 Code of Criminal Procedure
grants the request
- clause 2, part 1 317.2 of the Code of Criminal Procedure
or refuses to satisfy the application
- make a decision to satisfy such a request or to refuse it,
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—
317.3 Code of Criminal Procedure,
procedure for concluding a cooperation agreement
—
enter into a pre-trial cooperation agreement,
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- Part 5 317.4 Code of Criminal Procedure
decision to cancel the pre-trial agreement
make
a decision to amend or terminate such an agreement in the manner and on the grounds provided for by this Code,
Url Additional information:
- Part 1 317.5 Code of Criminal Procedure
prosecutor's proposal for a special procedure
— and also make a presentation on the special procedure for holding a court hearing and making a court decision in a criminal case in relation to the accused, with whom a pre-trial cooperation agreement has been concluded;
6). cancel illegal or unfounded decisions:
— interrogator,
- body of inquiry,
- head of the authority,
- head of
the investigation unit,
- subordinate prosecutor;
7). consider the investigator’s information about disagreement with the prosecutor’s demands presented by the head of the investigative body and make a decision on it;
8). participate in court hearings when considering issues during pre-trial proceedings:
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- Part 4 108 Code of Criminal Procedure
participation of the prosecutor in court during detention
- on the election, extension, cancellation, change of a preventive measure in the form of detention,
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— Part 2 29 Code of Criminal Procedure
exclusive powers of the court in the pre-trial stage
— as well as when considering requests for other procedural actions that are allowed on the basis of
a court decision,
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- Part 3 125 Code of Criminal Procedure
participation of the prosecutor, investigator in the court hearing
— clause 10
Plenum No. 1 participation of the prosecutor in the consideration of complaints under
125 of the Code of Criminal Procedure
- when considering complaints in the manner established by 125 of the Code of Criminal Procedure;
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- Part 8.1 109 Code of Criminal Procedure
extension for 30 days at the request of the prosecutor
8.1) if there are grounds to file a petition with the court to extend the period of prohibition of certain actions, the period of house arrest or the period of detention in a criminal case received or sent to the court with an indictment or a decision to send the criminal case to the court for the application of a compulsory measure of a medical nature , as well as a petition for permission to cancel the decision to terminate a criminal case or criminal prosecution in the case provided for in Part 1.1 214 of the Code of Criminal Procedure;
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- Part 1 67 Code of Criminal Procedure
the investigator is challenged by the prosecutor
9). allow challenges filed to the investigator, as well as his self-recusations;
10). remove the investigator from further investigation if he violates the requirements of the Criminal Procedure Code;
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— Part 4 150 Code of Criminal Procedure
on behalf of the prosecutor - investigation instead of inquiry
eleven). withdraw any criminal case from the investigative agency and transfer it to the investigator with the obligatory indication of the grounds for such transfer;
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- paragraph 33
IC order No. 72 transfer of material according to jurisdiction
- clause 1.8
order No. 212 if the prosecutor himself identified the crime
- Part 4 145 Code of Criminal Procedure
disputes about jurisdiction are resolved by the prosecutor
- Part 8 151 Code of Criminal Procedure
disputes about jurisdiction are resolved by the prosecutor
ERRORS when transferring cases
Transfer of the case
to another investigator - the possibility of an error, how to find it
12).
transfer a criminal case or materials for verifying a report of a crime from one preliminary investigation body to another, in accordance with the rules established by 151 of the Code of Criminal Procedure;
- with the exception of the transfer of a criminal case or materials for verifying a report of a crime in the system of one preliminary investigation body,
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SITUATIONS from practice
Transfer of the case
from the police department investigator to the investigative committee, where to apply?
- to seize any criminal case or any materials for verifying a report of a crime from the preliminary investigation body and transfer it (them) to the investigator of the Investigative Committee with the obligatory indication of the grounds for such transfer;
13). approve the decision of the investigator to terminate the criminal proceedings;
14). approve:
Url Additional information:
- Clause 1 Part 1 221 Code of Criminal Procedure
approval by the prosecutor of the indictment
- closing indictment,
Url Additional information:
— Clause 1 Part 1 226 Code of Criminal Procedure
approval by the prosecutor of the indictment
- indictment,
Url Additional information:
- clause 1 part 1 226.8 Code of Criminal Procedure
approval by the prosecutor of the indictment
- or indictment;
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— Clause 2 Part 1 221 Code of Criminal Procedure
return of the criminal case to the investigator
15). return the criminal case to the inquirer or investigator with your written instructions:
- conducting an additional investigation,
Url Additional information:
- part 1 175 of the Code of Criminal Procedure
change of charge
— on changing the scope of the charge or qualification of the actions of the accused;
- or for recomposition:
Url Additional information:
— Clause 2 Part 1 221 Code of Criminal Procedure
return for reformation of indictment
indictment,
Url Additional information:
— Clause 2 Part 1 226 Code of Criminal Procedure
return for re-drafting of the indictment
indictment
Url Additional information:
— clause 2 part 1 226.8
return to re-draft the decision
or an indictment and elimination of identified deficiencies;
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Other powers
- Part 3 44 Code of Criminal Procedure
filing a civil lawsuit by the prosecutor
- Part 8 151 Code of Criminal Procedure
disputes about jurisdiction are resolved by the prosecutor
- Part 3 153 Code of Criminal Procedure
connection of the investigator's cases by decision of the prosecutor
— Part 1.1 211 Code of Criminal Procedure
cancellation by the prosecutor of the decision to suspend the investigation
— Part 2 211 Code of Criminal Procedure
cancellation of the suspension of the investigation by the head of the Investigation Department
16). exercise other powers granted to the prosecutor by the Criminal Procedure Code.
2.1) Upon a reasoned written request of the prosecutor, he is given the opportunity to familiarize himself with the materials of the ongoing criminal case.
Url Additional information:
- Part 5 246 Code of Criminal Procedure
supporting the prosecution by the prosecutor in court
3) During
criminal proceedings, the prosecutor supports the state prosecution, ensuring its legality and validity.
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Regulatory framework (prosecutor's refusal to charge)
- Part 4 37 Code of Criminal Procedure
the prosecutor has the right to withdraw charges
- part 1 239 of the Code of Criminal Procedure
dismissal of the case at the preliminary hearing
- Part 7 246 Code of Criminal Procedure
prosecutor's refusal to charge, consequences
- clause 2 254 of the Code of Criminal Procedure
termination of the case in court
- P.
Plenum No. 1, the prosecutor’s refusal of charges is mandatory for the court
— P.
Plenum No. 51, the prosecutor’s refusal of charges is mandatory for the court
- paragraph 15
Plenum No. 55, the prosecutor’s refusal does not entail a complete acquittal
- paragraph 17
Plenum No. 29, the accused is given a break to prepare
Refusal of the private prosecutor
Denial of private
the accuser from the prosecution, a way to dismiss the case
4) The prosecutor has the right, in the manner and on the grounds established by the Criminal Procedure Code, to refuse to carry out criminal prosecution,
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- P.
Plenum No. 1, the prosecutor’s refusal to charge requires motivation
— P.
Plenum No. 51, mitigation of charges requires motivation
- with a mandatory indication of the reasons for your decision.
5) The powers of the prosecutor provided for by this article are exercised by district and city prosecutors, their deputies, equivalent prosecutors and superior prosecutors.
Url Additional information:
— Part 3 38 Code of Criminal Procedure
the investigator's disagreement with the prosecutor's demands
- Part 4 39 Code of Criminal Procedure
consideration by the head of the investigation department of the prosecutor's demands
- Part 4 221 Code of Criminal Procedure
appeal by the investigator against the return of the case by the prosecutor
6) If the investigator or the head of the investigative body disagrees with the prosecutor’s demands to eliminate violations of federal legislation committed during the preliminary investigation, the prosecutor has the right to apply to the head of the higher investigative body with a demand to eliminate these violations.
If the head of a higher investigative body disagrees with the specified requirements of the prosecutor, the prosecutor has the right to appeal to the Chairman of the Investigative Committee or the head of the investigative body of the federal executive body (under the federal executive body).
If the Chairman of the Investigative Committee or the head of the investigative body of a federal executive body (under a federal executive body) disagrees with the prosecutor’s demands to eliminate violations of federal legislation committed during the preliminary investigation, the prosecutor has the right to appeal to the Prosecutor General, whose decision is final.
Return to the text of the Code of Criminal Procedure
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What powers does a prosecutor have in criminal proceedings?
The various stages of a criminal trial include certain powers that the officer has during the trial:
- monitoring compliance with legal interests and protection of the injured party;
- control over the execution of powers of certain bodies;
- compliance with all deadlines for reviewing the investigation;
- control over all investigative actions;
- coordinating the actions of law enforcement agencies and inquiries;
- protection of the constitutional rights of participants;
- monitoring compliance with all articles and clauses of legislation;
- detection of illegal activities.
IMPORTANT! All functions of an official are prescribed by law and are indicated in the job description.
