Prosecutor as the main official of the prosecutor's office
Prosecutorial employee
A prosecutorial employee is a federal civil servant performing duties in a civil service position, taking into account the requirements of the Federal Law.
The legal status and conditions of service of prosecutors are determined by:
- Federal Law of January 17, 1992 N 2202-1 “On the Prosecutor’s Office of the Russian Federation”;
- labor legislation of the Russian Federation;
- legislation of the Russian Federation on public service (No. 58-FZ dated 27.05.2003 “On the civil service system of the Russian Federation” and No. 79-FZ dated 07.27.2004 “On the state civil service of the Russian Federation”).
A prosecutor is a prosecutorial employee who manages the system of bodies and institutions of the prosecutor's office subordinate to him, including issuing orders, instructions, instructions, regulations and instructions that are mandatory for execution by all employees subordinate to him.
Thus, the prosecutor manages the system of the prosecutor's office at the level subordinate to him.
The main official of the prosecutor's office system of the Russian Federation is the Prosecutor General of the Russian Federation, who, according to Art. 17 of the Federal Law "On the Prosecutor's Office" governs the system of the prosecutor's office of the Russian Federation. His terms of reference include:
- publication of orders, instructions, regulations, provisions and instructions, mandatory for execution by all employees of bodies and organizations of the prosecutor's office, regulating the organization of the activities of the prosecutor's office of the Russian Federation and the procedure for implementing measures of material and social security for these employees;
- within the allocated staffing levels and wage fund, establishes the staffing and structure of the General Prosecutor's Office of the Russian Federation, determines the powers of structural units, establishes the staffing levels and structure of subordinate bodies and organizations of the prosecutor's office;
- appoints and dismisses rectors (directors), vice-rectors (deputy directors) of scientific and educational organizations of the prosecutor's office of the Russian Federation;
- bears responsibility for fulfilling the tasks assigned to the prosecutor's office by Federal Law.
Prosecutors of constituent entities of the Russian Federation, prosecutors equivalent to them:
- manage the activities of prosecutor's offices of cities and districts, other prosecutor's offices equivalent to them;
- issue orders, instructions, instructions that are mandatory for execution by all subordinate employees;
- may make changes to the staffing schedules of their apparatus and subordinate prosecutor's offices within the limits of the number and wage fund established by the Prosecutor General of the Russian Federation (Article 18 of the Federal Law "On the Prosecutor's Office").
Prosecutors of cities with district divisions manage the activities of district and equivalent prosecutors' offices, make proposals to higher prosecutors to change the staffing levels of their offices and subordinate prosecutor's offices, and on personnel changes (Article 19 of the Federal Law "On the Prosecutor's Office").
Powers of the prosecutor in criminal proceedings
The prosecutor is an official authorized, within the competence provided for by the Code of Criminal Procedure of the Russian Federation, to carry out on behalf of the state
- criminal prosecution during criminal proceedings, as well as
- supervision over the procedural activities of inquiry bodies and preliminary investigation bodies (Article 37 of the Code of Criminal Procedure of the Russian Federation).
The powers of the prosecutor during pre-trial proceedings in a criminal case:
- check compliance with the requirements of the law when receiving, registering and resolving reports of crimes, check the legality and validity of decisions of investigative bodies in criminal cases;
- make a reasoned decision to send 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;
- demand from the bodies of inquiry and investigative bodies the elimination of violations of federal legislation committed during the inquiry or preliminary investigation;
- give the investigator written instructions on the direction of the investigation, the conduct of procedural actions, as well as consent to initiate a petition before the court to carry out a procedural action, which is permitted on the basis of a court decision (for example, a preventive measure);
- resolve issues of concluding a pre-trial cooperation agreement, as well as make a submission on the special procedure for holding a court hearing and making a court decision in a criminal case against the accused with whom a pre-trial cooperation agreement was concluded;
- cancel illegal or unfounded decisions of a lower-ranking prosecutor, an inquiry agency, the head of an inquiry agency, the head of an inquiry unit and an investigator;
- 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;
- participate in court hearings when considering issues regarding the selection of a preventive measure during pre-trial proceedings;
- allow challenges filed to the investigator, as well as his self-recusations; remove the investigator from further investigation if he violates the requirements of the Code of Criminal Procedure of the Russian Federation; approve the decision of the investigator to terminate the criminal proceedings;
- approve an indictment, indictment or indictment in a criminal case;
- return the criminal case to the inquirer or investigator with written instructions to conduct an additional investigation, to change the scope of the charges or qualifications of the actions of the accused, or to re-draft the indictment, indictment or indictment order and eliminate identified deficiencies;
- exercise other powers granted to the prosecutor by this Code.
More details
- verify compliance with the requirements of federal law when receiving, registering and resolving reports of crimes;
- 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;
- demand from the bodies of inquiry and investigative bodies the elimination of violations of federal legislation committed during the inquiry or preliminary investigation;
- give the investigator written instructions on the direction of the investigation and the conduct of procedural actions;
- give consent to the investigator to initiate a petition before the court to select, cancel or change a preventive measure or to perform another procedural action that is permitted on the basis of a court decision;
- request and verify the legality and validity of the decisions of the investigator or the head of the investigative body to refuse to initiate, suspend or terminate a criminal case and make a decision on them in accordance with this Code;
- consider a petition for concluding a pre-trial cooperation agreement and a resolution of the investigator to initiate a petition before the prosecutor to conclude a pre-trial cooperation agreement with the suspect or accused, make a decision to satisfy such a petition or refuse to satisfy it, conclude a pre-trial cooperation agreement, make a decision to change or on the termination of such an agreement in the manner and on the grounds provided for by this Code, as well as 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;
- cancel illegal or unfounded decisions of a lower-ranking prosecutor, as well as illegal or unfounded decisions of the inquiry body, the head of the inquiry body, the head of the inquiry unit and the interrogating officer in the manner established by this Code;
- 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;
- participate in court hearings when considering during pre-trial proceedings issues on the selection of a preventive measure in the form of detention, on extending the period of detention or on the abolition or change of this preventive measure, as well as when considering petitions for other procedural actions that are allowed in on the basis of a court decision, and when considering complaints in the manner established by Article 125 of the Code of Criminal Procedure of the Russian Federation;
- if there are grounds to file a petition with the court to extend the period of house arrest or the period of detention in a criminal case sent to the court with an indictment or indictment;
- allow challenges filed to the investigator, as well as his self-recusations;
- remove the investigator from further investigation if he violates the requirements of this Code;
- withdraw any criminal case from the investigative agency and transfer it to the investigator with the obligatory indication of the grounds for such transfer;
- transfer a criminal case or materials for checking a report of a crime from one preliminary investigation body to another (except for the transfer of a criminal case or materials for checking a report of a crime in the system of one preliminary investigation body) in accordance with the rules established by Article 151 of this Code, withdraw any criminal case or any materials for checking a crime report from the preliminary investigation body of the federal executive body (under the federal executive body) and transfer it (them) to the investigator of the Investigative Committee of the Russian Federation with the obligatory indication of the grounds for such transfer;
- approve the decision of the investigator to terminate the criminal proceedings;
- approve an indictment, indictment or indictment in a criminal case;
- return the criminal case to the inquirer or investigator with written instructions to conduct an additional investigation, to change the scope of the charges or qualifications of the actions of the accused, or to re-draft the indictment, indictment or indictment order and eliminate identified deficiencies;
- exercise other powers granted to the prosecutor by this Code.
Powers of the prosecutor during criminal proceedings
During criminal proceedings, the prosecutor:
- supports the state prosecution, ensuring its legality and validity;
- brings civil claims in criminal proceedings on behalf of the constituent entities of the Russian Federation, municipalities, state and municipal unitary enterprises (Article 44, Article 246 of the Code of Criminal Procedure of the Russian Federation).
The prosecutor has the right, in the manner and on the grounds established by the Code of Criminal Procedure of the Russian Federation, to refuse to carry out criminal prosecution with the obligatory indication of the reasons for his decision.
The specified powers of the prosecutor are exercised by district and city prosecutors, their deputies, equivalent prosecutors and superior prosecutors.
Confession
A confession is, in fact, a type of statement about a crime, in which a citizen voluntarily reports that he committed a crime. Therefore, the procedure for procedurally filing a confession statement is similar to filing a statement about a crime. The only exception is that when turning himself in, a citizen is not warned of criminal liability for a deliberate slander.
The statement of confession and personal information are submitted in writing or orally. In the latter case, they are entered into the protocol, which is signed by the person who confessed and the person who accepted the confession.
Confession is a special circumstance mitigating punishment (clause “and” of Article 61 of the Criminal Code of the Russian Federation).
