What is a pre-investigation check in a criminal case?
A pre-investigation check in a criminal case means a comprehensive study of information on a received message about an impending or committed crime.
During a pre-investigation check, law enforcement agencies have the right to:
- request information;
- seize documentation;
- send materials for examination;
- inspect the scene of the incident;
- study documents relevant to the case.
The suspect’s right to familiarize himself with the protocols of investigative actions
Lawyer Antonov A.P.
The suspect has the right to “get acquainted with the protocols of investigative actions carried out with his participation and submit comments on them.” In this case, the form and procedure for familiarization with the necessary materials are chosen by the investigator (interrogating officer, etc.) within the limits that preclude the disclosure of investigative secrets. Despite the fact that any participant in an investigative action has this right, the legislator considered it necessary to devote a separate paragraph of Art. to it. 46 of the Code of Criminal Procedure of the Russian Federation. Let's try to explain its content.
The suspect has the right to familiarize himself with the protocols of investigative actions. To get acquainted means to receive, collect information about something, examine, read, observe in order to get an idea, information about something.
In other words, the right of a suspect to get acquainted with a certain kind of protocol of an investigative action presupposes the obligation of the investigator (interrogating officer, etc.), after drawing up such a protocol of investigative action, to provide the suspect with the opportunity to at least inspect and read both the entire protocol as a whole and all the elements of it components. The suspect has the right to familiarize himself not only with the written part of the investigative protocol, but also with all the appendices to it. Therefore, if the photo table attached to the investigative action protocol was compiled some time after the suspect familiarized himself with the written part of the investigative action protocol, the suspect has the right to demand that the investigator (interrogating officer, etc.) subsequently familiarize him with the contents of this photo table.
In this regard, it is important to clarify what it is - a protocol of investigative action? The protocol of an investigative action here refers to the type of source of evidence of the same name. A protocol of an investigative action is a written procedural act and its annexes duly drawn up at the stage of preliminary investigation, which contain information about the fact of production, the progress and results of the investigative action, the facts and circumstances sensibly perceived by the investigator (inquirer, etc.) during the execution of this action .
The criteria for investigative protocols are as follows:
1) the contents of the protocol of investigative action - information related to the criminal case always appears (obtained) within the framework of the criminal process;
2) only the subjects carrying out the criminal process can record this information: the investigator (inquiry officer, etc.).
Part of the protocol (an appendix to it) may be phonograms, photo tables, films, video tapes, drawings, plans, diagrams, electronic storage media, etc., recorded or produced during its production. The suspect becomes familiar with the investigative protocol as a whole. If he took part in the investigative action, then his comments, first of all, should be reflected not in the appendices to the written part of the protocol, but on the written medium itself. When, during the production of a procedural action, technical means were used that are capable of recording oral statements and (or) comments, and such took place, it is recommended that these statements also be reflected on the corresponding applications (media of audio, video information, etc.) and/or comments.
Now a few words about what was used twice in Part 4 of Art. 46 of the Code of Criminal Procedure of the Russian Federation for the concept of “investigative action”. An investigative action in this article refers to a criminal procedural action (body movement) of a preliminary investigation body, which is one of the main means of establishing circumstances that are relevant to the case and characterized by a detailed independent production procedure.
The system of these basic means of establishing circumstances relevant to the investigation, consideration and (or) resolution of a criminal case (investigative actions) includes:
1) inspection (Articles 176 - 178, 180 of the Code of Criminal Procedure of the Russian Federation);
2) exhumation (Articles 178, 180 of the Code of Criminal Procedure of the Russian Federation);
3) examination (Articles 179, 180 of the Code of Criminal Procedure of the Russian Federation);
4) investigative experiment (Article 181 of the Code of Criminal Procedure of the Russian Federation);
5) search (Articles 182, 184 of the Code of Criminal Procedure of the Russian Federation);
6) seizure (Article 183 of the Code of Criminal Procedure of the Russian Federation);
7) seizure of postal and telegraph items, their inspection and seizure (Article 185 of the Code of Criminal Procedure of the Russian Federation);
control and recording of negotiations (Article 186 of the Code of Criminal Procedure of the Russian Federation);
9) obtaining information about connections between subscribers and (or) subscriber devices (Article 186.1 of the Code of Criminal Procedure of the Russian Federation);
10) interrogation of a witness, victim (Articles 187 - 191 of the Code of Criminal Procedure of the Russian Federation), suspect (Part 4 of Article 92 of the Code of Criminal Procedure of the Russian Federation), accused (Articles 173, 174 of the Code of Criminal Procedure of the Russian Federation), expert (Article 205 of the Code of Criminal Procedure of the Russian Federation ) and (or) a specialist (part 4 of article 80 of the Code of Criminal Procedure of the Russian Federation);
11) confrontation (Article 192 of the Code of Criminal Procedure of the Russian Federation);
12) presentation for identification (Article 193 of the Code of Criminal Procedure of the Russian Federation);
13) checking the testimony on the spot (Article 194 of the Code of Criminal Procedure of the Russian Federation);
14) conducting a forensic examination (Articles 195 - 201, 203, 204, 207 of the Code of Criminal Procedure of the Russian Federation);
15) obtaining samples for comparative research (Article 202 of the Code of Criminal Procedure of the Russian Federation);
16) seizure of property (Article 115 of the Code of Criminal Procedure of the Russian Federation).
The suspect has the right to familiarize himself with the protocol of any of the listed investigative actions if he took part in it. The only exception to this rule is the conduct of a forensic examination, as a result of which a protocol of investigative action is not drawn up. Therefore, the suspect is not able to get acquainted with such a person, although he is quite capable of participating in the forensic examination with the permission of the investigator (interrogating officer, etc.).
In clause 8, part 4, art. 46 of the Code of Criminal Procedure of the Russian Federation refers to the performance of investigative actions “with his” participation. “With his participation” means with the participation of the suspect. Accordingly, this right cannot be extended to cases where it was not the suspect himself who took part in the investigative action, but, for example, his legal representative and (or) defense attorney.
In the legal literature, an opinion has been expressed that the suspect also gets acquainted with the materials of the preliminary investigation bodies “when the court verifies the legality and validity of the suspect’s detention.” The decision on detention is made by the court. It is in accordance with Part 11 of Art. 108 of the Code of Criminal Procedure of the Russian Federation can be verified in the appellate instance. In this case, the suspect, if he has such a right, should have the opportunity to familiarize himself with all the materials available to the appellate court, and not just those presented by the preliminary investigation authorities.
Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.
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Timing of pre-investigation check
The inspection period is 3 days from the date of official registration of the crime report. This period can be increased initially to 10 days, and then to 30 days. The reason for this increase is the fact that during a pre-investigation check it is necessary to request additional documentation, consult archives, and order additional examinations.
Note!
The increase in terms is agreed with higher authorities and cannot be applied unreasonably.
Reporting a crime
Each of us has the right to contact the police with a statement in which we describe in detail the troubles of a legal nature: a bicycle was stolen, they were beaten, their phone was taken away, a car window was broken, etc. Such a statement usually reflects the events that happened to the applicant, the negative consequences, as well as a request to bring the perpetrators to justice:
To the duty station of the Leninsky District Ministry of Internal Affairs in Krasnoyarsk
from Lyudmila Petrovna Matveeva, living in Krasnoyarsk, st. Letnyaya, 30 tel. 89333333
STATEMENT
I ask that persons unknown to me, who illegally entered my garage on the street on November 20, 2019, be brought to criminal responsibility. Letnyaya, 49A, and stole 4 car tires for a total amount of 20,000 rubles (I am attaching a purchase receipt).
On criminal liability for knowingly false denunciation under Art. 306 of the Criminal Code of the Russian Federation warned.
Matveeva L.P., November 21, 2019, signature.
In fact, this message contains information that in relation to Matveeva L.P. a crime has been committed - probably theft (secret theft with illegal entry into a storage facility and causing significant damage). But immediately after receiving such a statement, a criminal case will not be initiated, since the circumstances need to be checked: interview the applicant, make sure she has a garage and tires, compare the cost and dates, etc.
Checking is also necessary in order to exclude a mistake - for example, suddenly the ex-husband took his own tires from the garage, and Matveeva thought that they had been stolen and considered this property to be common.
The reason for initiating a case is a citizen’s statement, which is properly verified. Only after a thorough preliminary check, if there are sufficient grounds to believe that a crime has been committed, is a criminal case initiated. Such a check is called “procedural” or “pre-investigation”, since it is carried out before the initiation of a case.
The application can be submitted in person to the police duty station of the city or district .
We recommend stocking up on a copy of the application, on which the duty officer will put a stamp of acceptance and a registration identification number - it is from this that you will subsequently be able to find out what decision has been made. The mark will also indicate the time and date of acceptance - this information is also important, since the application is reviewed within a certain time frame.
A confession, information by telephone, contact through the Internet reception or through other sources can be accepted as a report of a crime. Each message must be registered in a special crime reporting journal, with an individual number assigned.
Registration and receipt of crime reports is carried out in accordance with strict reporting. The duty department does not have the right to refuse to accept an application for a crime on the grounds that the information is incomplete (for example, the name of the attacker is missing or the location of the attack is not indicated), that the applicant lives in another area, or that there has already been an appeal of the same nature.
Law enforcement agencies are responsible for receiving and recording crime reports around the clock. And if a person is denied acceptance of his application, this is a gross violation of the constitutional right to legal protection . The activities of the police in receiving and recording messages are always under the strict control of supervisory authorities, including the prosecutor's office. A refusal to accept an application (report) about a crime can be appealed to the prosecutor in accordance with Art. 124 of the Code of Criminal Procedure of the Russian Federation or to court in accordance with Art. 125 Code of Criminal Procedure of the Russian Federation.
Question: Is it possible to report a crime not to the police, but to another body - for example, the Investigative Committee or the FSB?
Yes, the law allows you to file a crime report with any legal authority, and it will always be the basis for a pre-investigation check. At the same time, you should know at least the general provisions on exclusive jurisdiction - for example, FSB officers, by virtue of their competence, conduct checks on reports of terrorist acts, and employees of the Investigative Committee carry out checks on the involvement of minors in crimes, as well as sexual crimes. If a citizen’s application reaches an authority that does not have the right to conduct an inspection on a specific situation, the application will be forwarded to the competent authority, and time will be wasted on forwarding. Therefore, it is better to immediately address your information about the crime correctly - you can find out about the powers of the authorities by calling the multi-channel telephone of any department in the region.
Most of the messages reach the control room of the district police department. After the message is registered, the next stage begins - its verification.
Protection during pre-investigation checks
Citizens of the Russian Federation at the time of the pre-investigation check have the right to use all legally established opportunities provided for by current legislation. This implies:
- the opportunity to use the services of a lawyer;
- do not testify against yourself or your relatives;
- request the necessary documents related to the pre-investigation check.
Note!
There is a possibility that the investigator will not provide the specified documents if operational search activities are carried out.
What is included in the materials of an administrative offense case?
What documents does an administrative offense case consist of in 2022? Let's find out!
So, the administrative case materials should include the following materials:
Protocol on administrative violation;
A written explanation from the person against whom proceedings are being conducted for an administrative offense;
Written statements from victims and witnesses;
Expert opinions (if examinations were carried out in the case);
Petitions of the parties (if any were filed);
Other documents that may be important for the correct and objective resolution of an administrative offense case.
