How to make a request to familiarize yourself with the materials of a criminal case: example sb writing samples

Consideration of proposals for the conduct of any legal proceedings is carried out within the legal framework.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual.

Therefore, every citizen needs to understand how a request to familiarize himself with the materials of a criminal case in the Russian Federation in 2019 is drawn up.

Within the framework of this document, there are many nuances, taking into account which leads to the correct preparation of all stages of the procedure.

Necessary information

A criminal case cannot proceed without the use of protection for a citizen. And in the course of building protective or accusatory provisions, it is imperative to take into account everything known about the investigative aspects.

Familiarization with the case materials is the right of every person. It is based on the ability to protect one’s own rights and interests.

In the case when a citizen wants to use all the tools, he needs to draw up more than one petition. But at the initial stage, it is the document on consideration of the case materials that should be used.

Main concepts

A request to familiarize yourself with the materials of a criminal case in court includes several filling factors.

It is important to understand all the terms in this area in order to correctly compose the document:

In what cases is this document necessary?

The need to become familiar with the case materials arises along with participation and the opening of the proceedings itself.

A criminal case requires accurate knowledge of all facts and documents. In this regard, there is also a need to document access to such data. The petition is a mandatory part of familiarization with the documents.

Since in this way the grounds for access to information are checked and control over the presence of all documents in the main case is carried out.

Anyone who wants to obtain information from a criminal case must file a petition. Such information is considered confidential and it is not always possible for all participants in the case to have access to it.

Illegal restriction of access is also possible. In this case, the drafted petition is evidence of an unlawful restriction of the rights of a civilian.

Legal basis

In this procedural case, one should rely on the Criminal Procedure Code of the Russian Federation.

It contains information that regulates the application for case materials and the procedure for their provision to the parties to the proceedings.

Within the framework of the Code of Criminal Procedure of the Russian Federation, it is necessary to consider the following articles:

The provisions regarding the petition itself can be found in Articles 119-122. They tell you who can submit a document, what it should look like, what the deadline for reviewing the paper is, and how permission is issued on the application.

Article 159 contains clauses that make it mandatory to consider a petition filed by any citizen. Within the framework of these points, it is worth relying on the possibility of gaining access to classified information.

Rights of the accused

Almost always they are infringed upon by law enforcement officers. This happens especially often in cases where the accused does not have the financial ability to enter into an agreement with a good defense lawyer and is forced to be content only with the help of a government lawyer. The latter, as a rule, is not interested in the outcome of the case, and therefore does not particularly support his client.

Familiarization with the criminal case always ends with the investigator explaining to the latter his rights to submit requests for consideration of the hearing:

• with the participation of a jury;
• three professional judges when required by law;
• in a special order.

In this case, the help of a professional and strong defense lawyer is very necessary for the suspect. This is especially true in cases where the accused is not guilty of committing a crime.

In addition, the investigator must declare which of the defense witnesses needs to be called to the court hearing. If there is illegality in the actions of an official, you can file a complaint in the manner prescribed by the Code of Criminal Procedure. This is especially necessary to do if the accused was familiarized with the materials of the criminal case in violation of the law.

Victim

He, just like the accused, has his own certain procedural rights. The materials of the criminal case are provided to him for review only if he or his defense attorney submits a corresponding petition to the investigator. The same applies to the civil plaintiff and his representative. Most often, the victim himself makes a claim for compensation for harm within the framework of criminal proceedings, because this is his right.

The victim has the right to familiarize himself with the materials of the criminal case in whole or in part. This is already decided by the investigator after receiving a corresponding statement from the latter or his lawyer. These persons can make copies, make extracts, and in some cases they are even allowed to inspect material evidence.

In addition, the victim has the right to ask the investigator to watch the video and listen to audio recordings, if there are any in the case.

What to do if your application is rejected

Response actions depend on the procedural status of the participant whose application was denied and the stage of the criminal case.

For example, the victim approached the investigator with a request to familiarize himself with the case materials during his investigation. A law enforcement agency representative refused him. And this is legal, since a person in the status of a victim will be able to familiarize himself with the materials after a preliminary investigation. And during the process, he has access to procedural documents that were obtained only with the participation of the victim.

The defense attorney submits a petition to the investigator during the investigation, which is nearing completion. A representative of a government agency refuses him. This is illegal, but this often happens because management requires investigators to investigate criminal cases as quickly as possible (for example, for positive statistics). But the lawyer’s application to reclassify his client’s offense to another article will be illegal.

Important: the validity of the reasons for refusal depends on the specific situation of filing an application to familiarize yourself with the materials.

Main aspects of the issue

Familiarization with the case materials is carried out on the basis of the request of the party. The legislation allows both the accused and the victim and their representatives to apply for documents.

They can simultaneously work with papers and have full access to them - each for their part. There are no restrictions in this field.

Also read: Inaction in criminal law: how it is determined. its types and responsibilities

The main point in the procedure is drawing up a request for access to information. Such a document can be drawn up under the supervision of a lawyer, or you can use other resources to familiarize yourself with free paper samples.

It is important to understand that the law establishes an immediate response to a request. And in this case, the citizen cannot be hindered. He should be given an unlimited amount of time to work with documents. But there are also options for rejecting the request. Here you need to take into account the correct writing of the petition. Lack of structure and completeness of the document will be grounds for prohibiting access to the papers in the case.

Structure of a request to familiarize yourself with the materials of a criminal case

In order to correctly compose a document, you need to understand its structure. The main points in the application should be:

This is a standard document form that is used in a criminal case.

Writing samples

Depending on who submits the application, its information content will change. A citizen who wants to gain access to information needs to understand the difference between these papers and correctly draw up his application.

You need to rely on standardized samples. Depending on the individual case, you can add or remove any points based on the materials provided. But the basic set of structural features will be preserved. It is adhered to in any case and is carried out using standard legal formulations.

For a lawyer

A specialist in a case has the right to use a petition only if there is permission from his client - an agreement for representation, protection of rights and interests. Otherwise, access will not be allowed.

The structure of the petition itself includes the following basic points:

• information about the place of submission of the document;
• who is the applicant, the position of the lawyer in the case;
• access to what materials is necessary - with or without the inclusion of a verdict;
• information about the lawyer's order;
• On the basis of what legislative norms the application is submitted.

Without specifying such specific data, a refusal to review the documents is guaranteed.

For the accused

This side of the case has an equal right to get acquainted with the materials collected against him. In this case, the header of the paper is filled out according to the standard template, but the main text will include some changes.

Typically, documents are requested in the following format:

In this case, the citizen points to his testimony and protocols and interrogation documents. The use of this set of formulations makes it possible to obtain the maximum number of papers.

Regardless of whether the accused knows about their existence or not. At the end, you should definitely place an indication of your position in the case - the suspect.

For the victim

The victim may be given access to all case materials. You can use this opportunity even if there is a defender and he has already reported that he has received all the papers. The law does not prohibit personal processing of information.

In a document of this type, basic information is indicated in the header and filled out according to the general template. Already in the main part of the application it is necessary to use data on permission to access information, based on the law - Article 216.

The victim himself has the right to choose which list of documents he wants to receive for review. Therefore, he must include these points in the petition.

Protocol of familiarization with the case

In the process of reviewing the case materials, the investigator draws up a document that records all the actions of the student studying the paper. According to general rules, the investigator must draw up a document from the beginning of the review until the completion of the procedure, but modern law enforcement officials violate the procedure by drawing up a protocol at the end. At the same time, they miss many points and twist the actions of the participants in the procedure.

The familiarization protocol looks like this:

1. Document's name.
2. Date of compilation, city and place.
3. The main text of the paper, which contains information by whom, to whom, and on what basis the investigative materials were provided. Describe the time of review and the applications received during the study. They also indicate whether the participants in the production photographed, copied and made extracts from the submitted papers or not.
4. The final part is based on the signing of the protocol by the accused who became familiar with the case, his defense attorney, and the investigator who provided the materials.
5. At the end of the form, the procedural rules on the basis of which the protocol was drawn up must be indicated.

An incorrectly drawn up familiarization document can lead to a lot of adverse consequences. For example, if during the review process one of the documents is damaged, and the investigator does not indicate this in the protocol, he will be responsible, because the official conducting the investigation is responsible for the integrity and safety of the materials.

Preparing an application

If a specific participant wants to make a request to release the case for review, this must be done in writing, indicating in detail and clearly what actions will be performed by him (reading, making copies, photographing). The application uses current references to the Civil Procedure Code; if a person is not legally savvy, it is worth double-checking in free legal databases (Garant, Consultant Plus) whether the articles referenced in the document are valid, and also pay attention to the year it is dated sample application - it is better to choose recent ones.

If you cannot prepare the document yourself, then it is better to seek help from a specialist. A lawyer will prepare a document and submit it to the court himself, or you can draw up a power of attorney to represent your interests. A lawyer can also be admitted upon oral request, but then the principal himself must be present at the familiarization.

Case materials that are not subject to disclosure

The accused and his defense attorney have the right to familiarize themselves with all the materials of the case, including material evidence, except for that information that is not subject to disclosure on the basis of Part 9 of Article 166 of the Code of Criminal Procedure. This happens if there is a certain risk to the life of the victim, as well as witnesses and their relatives.

Therefore, in order to classify the data of these participants in the process, the investigator makes an appropriate resolution with the permission of the commanding officer or independently if he is not present, after which he seals the resolution on non-disclosure of the data of the victim, witness and their relatives in an envelope that is kept in the file. The information in it is not subject to disclosure or familiarization.

In this case, fictitious data about the identity of the victim and witnesses are entered into the protocol of the investigative action, after which the participants in the process get acquainted with it and also put fictitious signatures for their own safety. At the first opportunity, the investigator must report this procedural action to his superiors.

Also read: Lawyer under Art. 158 of the Criminal Code of the Russian Federation: can he help and what is his work?

Procedure for issuing a paper copy of the protocol

To obtain copies of the protocol or other documents from the criminal case materials, it is also necessary to write a petition addressed to the judge. An authorization resolution is affixed to the application. The court employee makes the necessary copies.

They must be signed by the presiding judge in the criminal trial and the secretary, certified with the stamp “true copy” and the official seal of the judge. Copies are usually issued on the day of application. If this is not possible for technical or other reasons, then no later than five days from the date of application.

Schedule of familiarization with the materials of the criminal case

According to paragraph 6 of Art. 217 of the Code of Criminal Procedure of the Russian Federation, after the investigator has established the procedure for presenting certain materials in a criminal case, a schedule is drawn up. Subsequently, in case of prolonged familiarization with these parties and preparation in accordance with Art. 216-217 of the Code of Criminal Procedure of the Russian Federation of the Protocol, additional data may be entered into this schedule that the familiarization was interrupted on such and such a date, and then resumed again.

The schedule contains the protocol of the court session of the Code of Criminal Procedure, filled out in the prescribed form in accordance with the current Appendices to the Code of Criminal Procedure under numbers 77 and 78.

How to find out information on UD

• FULL NAME. the person against whom a criminal case has been opened, his procedural position - “accused”, information about the person’s lawyer, the injured party, the prosecutor, as well as other legal representatives;
• directly - a schedule, which is a table with columns: date and time limits for familiarization (for example, from 8 to 9:00), links to materials on the case - the volume number, number of sheets and their numbering are indicated (for example, from 10 to 50 pages. ). Each line of data is endorsed by the signature of the accused and the investigator;
• Full name is recorded under the table with the schedule. and the procedural position of the person, his signature confirming that the person has familiarized himself with all the details of the proceedings;
• Below, according to the same scheme - an investigator’s visa;
• date of preparation of the official document.

The procedure for familiarizing with the case materials of participants in criminal proceedings

Lawyer Antonov A.P.

Participants in criminal proceedings, in accordance with the norms of the Code of Criminal Procedure of the Russian Federation, have the right to familiarize themselves with the materials of the criminal case (clause 10, part 2, article 42, clause 12, part 4, article 47 of the Code of Criminal Procedure of the Russian Federation).

According to Part 1 of Art. 216 of the Code of Criminal Procedure of the Russian Federation, at the request of the victim, civil plaintiff, civil defendant and their representatives, the investigator familiarizes these persons with the materials of the criminal case in whole or in part, with the exception of the documents specified in Part 2 of Art. 317.4 Code of Criminal Procedure of the Russian Federation. The civil plaintiff, civil defendant or their representatives familiarize themselves with the materials of the criminal case in the part that relates to the civil claim.

By virtue of Art. 217 of the Code of Criminal Procedure of the Russian Federation after fulfilling the requirements of Art. 216 of the Code of Criminal Procedure of the Russian Federation, the investigator presents the accused and his defense attorney with filed and numbered materials of the criminal case.

Material evidence is also presented for review and, at the request of the accused or his defense attorney, photographs, audio and (or) video recordings, filming and other attachments to the protocols of investigative actions. If it is impossible to present material evidence, the investigator makes a decision to this effect. At the request of the accused and his defense attorney, the investigator provides them with the opportunity to familiarize themselves with the materials of the criminal case separately. If several defendants are involved in a criminal case, the sequence of providing them and their defense attorneys with the materials of the criminal case is established by the investigator.

In the process of familiarizing themselves with the materials of a criminal case, consisting of several volumes, the accused and his defense attorney have the right to repeatedly refer to any of the volumes of the criminal case, as well as write out any information in any volume, make copies of documents, including using technical means. Copies of documents and extracts from the criminal case, which contains information constituting state or other secrets protected by federal law, are stored in the criminal case and are provided to the accused and his defense attorney during the trial (Part 2 of Article 217 of the Code of Criminal Procedure of the Russian Federation).

The accused and his defense attorney cannot be limited in the time they need to familiarize themselves with the materials of the criminal case. If the accused and his defense attorney, who have begun to familiarize themselves with the materials of the criminal case, clearly delay the time of familiarization with these materials, then on the basis of a court decision made in the manner established by Art. 125 of the Code of Criminal Procedure of the Russian Federation, a certain period is established for familiarization with the materials of the criminal case.

If the accused and his defense attorney, without good reason, have not familiarized themselves with the materials of the criminal case within the time period established by the court, the investigator has the right to make a decision to end the production of this procedural action, about which he will issue an appropriate resolution and make a note in the protocol of familiarization of the accused and his defense attorney with the materials of the criminal case. case (part 3 of article 217 of the Code of Criminal Procedure of the Russian Federation).

Also at the pre-trial stage, by virtue of Part 1 of Art. 218 of the Code of Criminal Procedure of the Russian Federation, upon completion of familiarization of the accused and his defense attorney with the materials of the criminal case, the investigator draws up a protocol in accordance with Art. 166 and art. 167 Code of Criminal Procedure of the Russian Federation. The protocol indicates the start and end dates of familiarization with the materials of the criminal case, submitted petitions and other statements.

A record is made in the protocol of explaining to the accused his rights under Part 5 of Art. 217 of the Code of Criminal Procedure of the Russian Federation, and reflects his desire to exercise this right or renounce it.

At the stage of consideration of a criminal case by the court, the procedure and regulations for the issuance of court cases are provided for:

— Instruction dated April 29, 2003 N 36;

— Instruction dated December 15, 2004 N 161;

— Instruction dated October 1, 2019 N 225.

Accordingly, the procedure for familiarization with the materials of a criminal case in court is similar to the procedure for familiarization in civil proceedings (section 14 of the Instruction dated April 29, 2003 N 36).

According to clause 14.1 of Instruction No. 36 dated April 29, 2003, court cases (other materials) are issued for review in the court premises on the basis of a written application and upon presentation of the following documents:

a) accused, defendants, convicted, acquitted, persons against whom proceedings are being conducted for an administrative offense, victims, parties to the case, third parties, legal representatives in criminal, civil, administrative cases and cases of administrative offenses, applicants and others interested persons in cases of special proceedings and administrative cases, civil plaintiffs, defendants in criminal cases - an identification document in accordance with Appendix No. 1, and their representatives, defenders - also a power of attorney issued in accordance with the requirements of the law;

b) lawyers acting in criminal, civil, administrative cases and cases of administrative offenses - warrants of the appropriate legal education and identity cards and (or) lawyer certificates;

c) other interested parties acting in criminal, civil, administrative cases, cases of administrative offenses - identification documents and powers;

d) prosecutors - official identification;

e) other officials in the presence of a legal basis - a reasoned written request;

f) rehabilitated persons, and with their consent or in the event of their death - heirs, close relatives, relatives, dependents in accordance with Art. Art. 133, art. 134 Code of Criminal Procedure of the Russian Federation, Art. 11 of the Law of the Russian Federation of October 18, 1991 N 1761-1 “On the rehabilitation of victims of political repression” - a document proving identity and (or) authority, as well as confirming the corresponding relationship (the fact of being a dependent).

In order to familiarize yourself with the materials of the court case, the participant in the criminal process (his representative) must write a statement in which he indicates the name of the court, the case number, his procedural position and states a request for the provision of materials for review.

If a participant in the case plans to make copies of the case materials using their own technical means (including photography), this must be indicated in the application.

If the application for familiarization is signed by a representative, then a certified copy of the power of attorney is attached to it.

To simplify communication with a representative or participant in the case, the application must indicate available telephone numbers and other contacts.

As practice shows, if a court employee is unable to reach a representative or directly to a participant in the case, or otherwise inform about the time and place of familiarization, then a corresponding note is made on the application. A similar situation provides for cases of failure to appear without notifying a court employee: if a person does not appear for review on the appointed date and time, the response to the application is considered received and the application is filed in the case file.

The method of submitting an application for familiarization with the case materials is chosen by the participant in the criminal process:

- in person through the court office;

- via postal service;

- by fax, email (if such a communication channel is provided by the court for filing procedural documents);

- by filling out an application form on the official website of the court on the Internet (if such a communication channel is provided by the court for filing procedural documents).

The same provisions are applicable for familiarization with case materials in the supreme courts of republics, regional and regional courts, courts of federal cities, courts of the autonomous region and autonomous districts and in appellate courts of general jurisdiction, including in relation to cases placed in archival storage.

It is necessary to take into account that the direct familiarization of the convicted person with the materials of the criminal case (including by delivery to the court) after the sentence has entered into legal force by the current legislation (Code of Criminal Procedure of the Russian Federation and Penal Code of the Russian Federation) is not provided for (Determination of the Fourth Cassation Court of General Jurisdiction dated October 13, 2020 in case No. 88-18704/2020; Cassation ruling of the Perm Regional Court dated December 13, 2011 in case No. 22-10005-2011).

Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.

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Constitutional right to become familiar with documents affecting rights

Familiarization with the case materials in civil proceedingsAccording to paragraph 2 of Art. Chapter 24 2 of the Constitution of the Russian Federation, every citizen of Russia has the right to receive detailed information about the materials of the case: familiarization with all the necessary documentation and materials if his rights as a citizen, as well as freedoms, were affected.

Constitution of the Russian Federation

Based on the requirements of the provisions of the Constitution, officials who participate in the investigation of a criminal case are obliged to provide the accused with access to the materials of a special type of case and all related documents.

In this case, the following principles are taken into account:

• freedom of information for a civilian (according to Part 4 of Article 29 of the Code of the Russian Federation);
• protecting personal civil liberties and rights by any means that do not directly contradict the letter of the law. This principle applies both to the investigation period and to the immediate trial in accordance with Art. 45 and 46 CRF.

It is necessary to know that the Information Law is divided into:

• freely available information;
• classified information, access to which is regulated by various laws.

Closed data is considered to be data that relates to state secrets and other classified information.

You cannot restrict a person’s access to the following data:

• regulatory legal acts that affect the legitimate interests of a person and personality;
• to acts that regulate the legal status of companies of various forms of ownership, the competence of government bodies and local government structures;
• information about the state of the environment;
• information from any sources that are aimed at providing citizens and organizations with information;
• other information to which free access is permitted on the basis of legislative acts.

Note! According to Art. 140 of the Criminal Code of the Russian Federation provides for criminal liability if persons holding certain positions refuse to provide access to data at the request of a person whose legal rights are affected.

Unlawful refusal to provide data or knowingly false information, as well as incomplete information in case of harm to the legitimate interests of citizens is unacceptable. In addition, according to Art. 237 provides for criminal liability for failure to provide data if this may entail a danger to human life.

Time to get to know the case

When reviewing the materials of a criminal case, participants in the process cannot be limited in any way by time, especially if the case is quite large and consists of several volumes. The accused and his defense attorney, as well as the victim and his lawyer, the civil plaintiff get acquainted with the case on the basis of Art. 217 of the Code of Criminal Procedure of the Russian Federation, which states that the defense lawyer and the accused cannot be limited in time when studying the case.

If a situation occurs when a lawyer and his client deliberately delay studying all the materials of the case, then the investigator can apply to the court with a request to establish a time limit for these participants in the process to familiarize themselves with the case. After which the deadlines for familiarization with the materials of the criminal case will be established in court.

In the event that the accused and his defense attorney have not familiarized themselves with the case within the time period established by the court, the investigator has the right to complete this procedural action and make an entry about this in the protocol, but only if the participants in the process did not have good reasons for this. If the lawyer and his client have not familiarized themselves with the case due to extenuating circumstances (health reasons, business trip of the defense attorney), then the time for familiarizing themselves with the materials of the criminal case should be increased.

Structure of the protocol for familiarization with the case

The protocol confirms that familiarization with the materials of the criminal case has been completed. According to Art. 166, 167 of the Code of Criminal Procedure, it is drawn up if the accused refuses to familiarize himself with the case materials, or does so incompletely. The accused has the right to state the reasons for the refusal. If he gets acquainted partially, then the document indicates the start and end dates of the acquaintance for each day.

The protocol consists of two main parts:

1. A record is made that the accused was explained his rights under Art. 31, part 3, clause 1.
2. The volume of criminal case materials that were presented for review is specified: the number of volumes, numbered sheets, audio and video materials.

In addition to the information specified in the two parts of the document, the investigator must record the facts of the defense’s repeated appeal to any of the volumes of the criminal case and the making of copies from them. In addition, the fact that persons who take part in the hearing on the defense side have been summoned to court for questioning. For example, experts, witnesses. A list of these persons is attached to the protocol.

The document is signed:

• the accused;
• defender;
• translator;
• investigator.

The number of signatories depends on those taking part in the criminal case. If the accused refuses to sign this document, then a special note is made in it. The defender also has the right not to ratify the protocol; his disagreement with it is reflected in this document, as well as comments made on the content.

When can the victim get acquainted with the data of the case?

Request for familiarization with the materials of the administrative case At the same time, the victim has the right to familiarize himself with the data at any time: both during the investigation itself and after a decision has been made on the merits of the claims and the end of investigative operations. This also includes:

• preliminary hearings and investigations;
• preparatory stage;
• trial;
• announcement of the verdict;
• all stages of the review of the case, as well as after its termination.

In accordance with clause 10, part 2, art. 42 of the Code of Criminal Procedure of the Russian Federation, you can also familiarize yourself with the protocol.

Important! The victim can not only familiarize himself with the materials and follow the progress of the investigation, but also demand repeated hearings and the recusal of officials involved in the process, incl. investigators, judges and prosecutors.

In addition to the identity of the victim himself, this status implies the possibility of access to the data of his family members.

Victim

During the familiarization process, a citizen has the right:

• make extracts on your media based on the data provided;
• spend as much time on familiarization as required;
• copy materials.

Everything about criminal cases

Petition

on familiarization with the materials of the criminal case (pre-investigation check)

I ask you to:

1) Provide me with the opportunity to familiarize myself with the materials of the criminal case (pre-investigation check), including:

a)
a decision to initiate
a criminal case.

b)
protocols of explanations
given by my client during the pre-investigation check,
protocols of interrogations
of my client, documents on
the selection of preventive measures
.

V)

All other documents that were presented or should have been presented to my client.

2) Allow me to make copies using technical means during the review process. (technical means used to make copies: digital camera).

Application:

— lawyer's order

Advocate______________

— clause 6, part 1 53 Code of Criminal Procedure

“
From the moment of admission to participate in a criminal case, the defense lawyer has the right to: get acquainted with the arrest report, the decision on the application of a preventive measure, protocols of investigative actions carried out with the participation of the suspect, accused, other documents that were presented or should have been presented to the suspect, accused.
— clause 6, part 3, article 6

N 63-FZ “
A lawyer has the right to record (including using technical means) information contained in the materials of the case in which the lawyer provides legal assistance
.”

— Resolution of the Constitutional Court of the Russian Federation dated June 27, 2000 N 11-P, Determination dated May 12, 2003 N 173-O oblige the investigation to present to the suspect’s lawyer both the materials of the investigative actions with the participation of the suspect and the documents that were presented to the suspect or should be presented to him.” Refusal to the defense attorney to familiarize himself with the investigation materials that were obtained with the participation of the suspect or otherwise became known to him before he was recognized as a suspect, as well as the restriction of the defense attorney’s right to extract from the materials with which he was familiarized before the end of the investigation, any information and in any volume is not have a reasonable basis, cannot be justified by the interests of the investigation or other constitutionally significant goals that allow proportionate restrictions on rights and freedoms (Article 55, part 3, of the Constitution of the Russian Federation

)».

Familiarization of the lawyer with the decision to initiate a criminal case

According to the position set forth in the Ruling of the Constitutional Court of the Russian Federation dated December 27, 2002 N 300-O, and the Ruling of the Supreme Court of the Russian Federation dated November 18, 2002 N 48-Dp02-14, it is not permitted to refuse to familiarize a lawyer with the decision to initiate a criminal case because this does not allow the suspect and (or) accused to exercise the procedural rights granted to him, in particular the right to appeal the decision to initiate a criminal case that violates his constitutional rights.

According to the position set forth in Resolution No. 11-P of the Constitutional Court of the Russian Federation dated June 27, 2000, the initiation of a criminal case against an unidentified person also cannot be a basis for refusing to issue a resolution to initiate a criminal case.

— Resolution of the Constitutional Court of the Russian Federation of June 27, 2000 N 11-P “ the right to receive legal assistance from a lawyer is guaranteed to every person, regardless of his formal procedural status, including recognition as a detainee and suspect.”

Only for lawyers

Url Additional information:

Under investigation

case defender without status is not allowed

- note: this petition can only be used by lawyers

, a person who does not have the status of a lawyer (for example,
public defender
,
a relative
representing the interests of the defendant) cannot gain access to the case materials at the investigation stage (
clause 10
of Plenum No. 29).

Protection

Every suspect and accused in a criminal case has the right to receive qualified legal assistance from a lawyer. If a given participant in the process cannot afford to hire and pay for such a specialist on his own, then he should be provided with a public defender who will provide services to his client free of charge.

In modern times, the services of a criminal lawyer are quite expensive, and not all defense lawyers meet their client’s expectations. It also happens that a government lawyer performs his functions much better than a defense attorney who has been paid a lot of money.

Also read: What is an indictment in a criminal case, sample document

Before contacting any lawyer, you need to study his practice very well, if he has one, ask your friends about him and read reviews about him on the Internet. In addition, the principal and his lawyer simply need to find a common language, otherwise joint work aimed at protecting and representing the interests of the accused will not yield any results.

Before concluding an agreement with a lawyer, you need to carefully study each clause of the contract and, if necessary, change it. The services of a lawyer in criminal cases must not only be described on paper, but also clearly deciphered point by point, so that in the event of a losing case, it is possible to return part of the amount paid to the defender.

Time limits for reviewing the minutes of the court hearing

Article 259 of the Code of Criminal Procedure of the Russian Federation is devoted to the protocol of a court hearing in a criminal case. All essential aspects of the process are included in the text of the document. Subsequent higher authorities - appeal and cassation - will be guided precisely by this text, reflecting the criminal proceedings.

On its basis, decisions will be made regarding the legality and validity of the decision made by the judge. Therefore, it is so important to receive the document in hand in a timely manner and make comments if any are found.

By law, the protocol must be ready within three days after the court hearing. Within the same period, it is necessary to submit a request to the court office to familiarize yourself with the text of the document, as well as to make a copy of it.

If you missed the deadline for filing a petition for a good reason, it may be reinstated upon your application addressed to the chairman of the meeting.

The judge has the right to prepare a protocol within a period longer than 3 days. In this case, the parties to the criminal case are notified of the date when they will be able to familiarize themselves with the finished text.

Carefully check the text part of the protocol, compare it with Article 259 of the Criminal Procedure Code of the Russian Federation. The law lists the formal points that a transcript of a trial must contain. If at least one of them is missing, the document may be considered inadmissible evidence.

The minutes of the meeting are certified by the signatures of the presiding judge and the court secretary. If at least one of the signatures is missing, this is grounds for challenging the protocol.

You can study the document for up to five days. If inaccuracies in the case are found in the protocol, you have three days to submit comments.

Proof

When familiarizing yourself with the case, the accused and his defense lawyer need to be very attentive to the study of the evidence that testifies against the alleged culprit. This is especially true for physical evidence that you can touch and see how it is packaged and stored, whether the sealed package has been opened, and whether this item has been used by anyone else.

Physical evidence in a criminal case must be presented by the investigator for familiarization with it by the defense attorney and the accused. In the event that the investigator does not have the opportunity to provide this evidence to the participants in the process for review, he must make an appropriate decision.

Sample application

The document must be drawn up in the name of the presiding judge. The text can be handwritten, typed on a computer or typewriter.

The petition consists of several parts:

• The first introductory part indicates the name of the court, full name or full name of the organization of the plaintiff, defendant, third parties, residential address or location. For the convenience of both the participant who wants to familiarize himself and the court staff, it is better to also indicate mobile phone numbers and email addresses. Having these contacts, the court will be able to inform you as soon as possible when you can come and get acquainted with the case, or agree on a date and time.
• In the second part, descriptive, you need to indicate the details of the case: number, details of the plaintiff, defendant, the essence of the claims, as well as the rationale for the petition with reference to Art. 35 Code of Civil Procedure of the Russian Federation.
• In the final, operative part, the text of the request itself is formulated: to provide the civil case in full. If there are several volumes in the file, then in the text of the petition it is recommended to indicate the approximate period of time that will be required to study the materials.

You can download a sample application here:

Possible objections

After studying and becoming familiar with all available materials of the criminal case, the lawyer and his client have the right to express their objections and other comments regarding the conduct of the entire preliminary investigation.

The investigator must ask these participants in the process about filing a petition or other statement after they have fully familiarized themselves with the case. If there are such statements, they are communicated to the investigator orally or in writing, after which they are entered into the protocol of the investigative action.

How to prepare a petition

The petition is prepared in writing, written to the name of the investigator (inquiry officer) conducting the investigation, or to the name of the chairman of the court, depending on where the case materials are located. There are no strict requirements or procedural form for it. You can write freely, the main thing is to indicate your procedural status and desire to familiarize yourself with the case. To avoid problems, it is advisable to indicate in the petition whether or not you plan to make copies of the case materials (this is permitted) and in what way. This will allow you to create and provide the necessary conditions for familiarization with the case in advance.

When resolving the petition, the investigator (inquiry officer) or the court determines the place and time of familiarization with the case. It will be necessary to fulfill such conditions, and if it is impossible to appear, notify in a timely manner.

Download an application to the court for familiarization with the materials of the criminal case (sample)

Taking the case to court

After all investigative actions are completed, the investigator transfers the case to the court, which will subsequently decide the fate of the accused. The time frame for consideration of a case after it is referred to the court is quite different and is set by the court independently.

At the moment when the case is already in court, it is allowed for the defense attorney to familiarize himself with the materials of the criminal case again, since sometimes it happens that the lawyer who represented the interests of his client during the preliminary investigation did not live up to his hopes, and therefore he has to be replaced by another defender.

At the same time, repeated familiarization of the accused with the materials of the criminal case after its transfer to court is no longer allowed. That is why studying the case before the court hearing is the direct responsibility of the new lawyer.

Familiarization procedure

On the application for familiarization with the minutes of the court hearing in a criminal hearing, the judge must make a permitting note.

The statement itself is filed with the case. The applicant is given materials from the criminal proceedings to read. Familiarization takes place in the premises of the court district. To prevent damage to the document and changes to it, an authorized court employee is present.

After reading the materials of the criminal case, they are checked and a corresponding record of familiarization is made. A note is made on the petition that the documents have been returned to the court.

Arbitrage practice

Currently, judicial practice is structured in such a way that all criminal cases that reach the stage of judicial review and have a sufficient amount of evidence collected by the prosecution always end in a guilty verdict. The percentage of acquittals is very low and is practically not allowed by the prosecution.

Judicial practice in criminal cases relating to road traffic accidents, only in one out of ten verdicts completely acquits the innocent driver; in other cases, unlucky drivers are sentenced to real terms and serve their sentences in prison, thereby receiving a criminal record and a debt as compensation for moral harm to victims, which is usually paid only after the convicted person is released.

While for intentional crimes, the courts give suspended sentences to the perpetrators and the opportunity to reform outside of isolation from society.

An example of one court verdict

A citizen committed a burglary, after which he sold all the stolen property through a friend and made money from it. This citizen spent the illegally obtained funds to pay off a loan debt that he had not paid for a long time, which was confirmed by bank employees and video camera recordings.

As a result of search activities, the man was detained, after which he realized his guilt and repented of his actions. The court found him guilty of the crime and sentenced him to 1 year of suspended imprisonment with a fine of 60 thousand rubles.

From the above example it is clear that judicial practice in criminal cases is almost always the following: the court imposes a punishment on offenders that has nothing to do with isolation from society, because they are aware of their guilt and can correct themselves outside the colony.

An example from court practice in a traffic accident case

The citizen was driving her car along the street at night and, having violated the driving rules, allowed a collision with a pedestrian, who received a head injury and subsequently died, which is confirmed by the examination. As a result of the investigative measures carried out and the evidence collected, the court found the woman guilty and ordered her to serve her sentence in prison with compensation for harm to the victims in the amount of several million rubles, which is fair at the discretion of the court.

From the above examples it is clear: it often happens that the punishment for a deliberate crime is not as severe as for a careless one. Unfortunately, paradoxes are eternal companions of judicial practice in our country.

What to do if the application is rejected by the investigator

The authorities have the right to refuse a request to familiarize themselves with the case materials. But in this case they must indicate the reason for this action.

Based on it, a decision can be made on the legality of the investigator’s actions. Thus, if there are no grounds for access to information, appeals will not help. This is a completely legitimate reason for refusal.

In the event that the investigator did not indicate the reason or it does not fall within the framework of the law, a complaint must be filed. If violations are detected, penalties will be used, and case materials will be opened for the citizen.

Legal support in drawing up petitions may be needed in any proceeding. And to get acquainted with the papers in a criminal case, everyone can protect their rights. It is important to draw up the primary document correctly.

After this, other papers will be submitted - to include evidence or to exclude it from the case file.

It all depends on the work of the defense or prosecution. But all participants in the case can have access to the papers, and in the event of an illegal refusal, a simple appeal of such a decision is carried out.

How to submit comments on the protocol

You received the protocol of the criminal hearing and saw that what was written there was not exactly what actually happened during the hearing. Or maybe not at all. Take a piece of paper and describe your version of the trial in your own words. It can be done in the form of a comparative table - what is written in the text of the protocol and what actually happened.

At the end you write: “Please make changes to the protocol.” The application is written to the judge presiding over the criminal proceedings and submitted to the court office. That's it - you did everything you could.

The most offensive thing begins later - you will not be able to prove that you are right, and not the secretary and his version of the text. The judge has every right to consider, but not accept, your comments.

After September 1, 2022, the situation with unlawful actions of judges is resolved. In Art. 259 of the Code of Criminal Procedure of the Russian Federation, an important addition has been made - in criminal courts of the first and appellate instances, recording must be carried out using audio means.

From this day forward, references to technical impossibility are unlawful. Such recording is limited only when considering closed hearings. For example it could be:

• legal proceedings related to state secrets;
• juvenile defendants;
• disclosure of information that degrades the honor and dignity of participants in the proceedings.

During the court hearing, you can make an audio recording yourself. In order to subsequently include it in the materials, it is necessary to apply for information about the recording to be included in the court transcript. However, the court is not obliged to do this, and inclusion may be refused at the discretion of the judge.