Chapter 32 of the Criminal Procedure Code of the Russian Federation

Article 223 of the Code of Criminal Procedure of the Russian Federation. Procedure and terms of inquiry

A preliminary investigation in the form of an inquiry is carried out in the manner established by Chapters 21, 22 and 24 - 29 of this Code, with the exceptions provided for by this chapter.
The inquiry is carried out in criminal cases specified in part three of Article 150 of this Code.
The inquiry is carried out within 30 days from the date of initiation of the criminal case. If necessary, this period can be extended by the prosecutor to 30 days. 3.1. A suspended inquiry may be resumed on the basis of a decision of the prosecutor or the head of the inquiry unit in the cases provided for in Article 211 of this Code.
In necessary cases, including those related to the conduct of a forensic examination, the period of inquiry provided for in part three of this article may be extended by district and city prosecutors, a military prosecutor equivalent to them and their deputies up to 6 months.
In exceptional cases related to the execution of a request for legal assistance sent in the manner prescribed by Article 453 of this Code, the period of inquiry may be extended by the prosecutor of a constituent entity of the Russian Federation and an equivalent military prosecutor to 12 months.
The resumption of a suspended inquiry or extension of the period of inquiry in criminal cases being processed by an investigator of the Investigative Committee of the Russian Federation is carried out by the appropriate head of the investigative body of the Investigative Committee of the Russian Federation in the manner established by parts three to five of this article.

What are the time limits for criminal proceedings in the form of an inquiry?

Hello, they want to convict me under Article 264.1, the case was opened in July of this year and everything is ongoing until now, why did they take so long to order some kind of examination?

Lawyer Antonov A.P.

Good afternoon

According to Article 264.1 of the Criminal Code, driving a car, tram or other mechanical vehicle by a person in a state of intoxication, subject to administrative punishment for driving a vehicle while intoxicated or for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication or having conviction for committing a crime provided for in parts two, four or six of Article 264 of this Code or this article is punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to two years from deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or compulsory labor for a term of up to four hundred eighty hours with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or forced labor for a term of up to two years with deprivation the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to two years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years. According to Article 150 of the Criminal Procedure Code, a preliminary investigation is carried out in the form of a preliminary investigation or in the form of an inquiry. The inquiry is carried out in a general manner or in an abbreviated form.

A preliminary investigation is mandatory in all criminal cases, with the exception of criminal cases of crimes specified in part three of this article. The inquiry is carried out: 1) in criminal cases of crimes provided for in articles 112, 115, 116, 116.1, 117, part one, 118, 119, 121, 122 parts one and two, 123 part one, 125, 127 part one, 128.1, 150 part one, 151 part one, 151.1, 153 - 157, 158 part one, 158.1, 159 part one, 159.1 part one, 159.2 part one, 159.3 part one, 159.5 part one, 159.6 part one, 160 part one, 161 part one , 163 part one, 165 part one, 166 part one, 167 part one, 168, 170, 170.2, 171 part one, 171.1 parts one, three and five, 171.4, 175 parts one and two, 177, 180 parts one and two , 181 part one, 191.1 part one and two, 194 part one and two, 200.1 part one, 200.3 part one, 203, 204.2, 207 part one, 213 part one, 214, 215.3 part one, 215.4 part one, 218, 219 part one, 220 part one, 221 part one, 222 parts one and four, 222.1 part one, 223 part one and four, 224, 228 part one, 228.2, 228.3, 230 part one, 230.1 part one and two, 230.2 part one , 231 part one, 232 part one, 233, 234 parts one and four, 234.1 part one, 240 part one, 241 part one, 242, 243 part one, 243.1, 243.2 parts one and two, 243.3 part one, 244, 245 part one, 250 part one, 251 part one, 252 part one, 253, 254 part one, 256 - 258, 258.1 part one and one.1, 260 part one, 261 part one and two, 262, 264.1, 266 part one , 268 part one, 291.2, 294 part one, 297, 311 part one, 312, 313 part one, 314, 314.1, 315, 319, 322 part one and two, 322.1 part one, 322.2, 322.3, 323 part one, 324 , 325, 325.1 part one, 326, 327 parts one and three, 327.1 part one, 329 and 330 part one of the Criminal Code of the Russian Federation; 2) in criminal cases of other crimes of minor and medium gravity - on the written instructions of the prosecutor. By written order of the prosecutor, the criminal cases specified in paragraph 1 of part three of this article may be transferred for preliminary investigation. According to Article 223 of the Criminal Procedure Code, a preliminary investigation in the form of an inquiry is carried out in the manner established by Chapters 21, 22 and 24 - 29 of this Code, with the exceptions provided for by this chapter. The inquiry is carried out in criminal cases specified in part three of Article 150 of this Code. The inquiry is carried out within 30 days from the date of initiation of the criminal case. If necessary, this period can be extended by the prosecutor to 30 days. A suspended inquiry may be resumed on the basis of a decision of the prosecutor or the head of the inquiry unit in the cases provided for in Article 211 of this Code. Having recognized the decision to suspend the investigation of a criminal case as illegal or unfounded, the prosecutor, no later than 5 days from the moment of receiving the materials of the criminal case, cancels it, about which he issues a reasoned resolution outlining the specific circumstances to be investigated, which, together with the materials of the criminal case, immediately sends head of the investigation agency. In this case, if the inquiry period expires, the prosecutor sets a period for additional inquiry of no more than 10 days. Further extension of the period of inquiry is carried out on a general basis in the manner established by parts three, four and five of this article. Having recognized the decision to suspend the investigation in a criminal case as unfounded, the head of the inquiry unit issues a reasoned resolution to cancel it and resume the investigation, and if the grounds specified in paragraphs 1 and 2 of part one of Article 211 of this Code arise, to resume it. If necessary, the period for additional inquiry is set by the prosecutor up to 10 days based on a petition from the head of the inquiry unit. Further extension of the period of inquiry is carried out on a general basis in the manner established by parts three, four and five of this article. In necessary cases, including those related to the conduct of a forensic examination, the period of inquiry provided for in part three of this article may be extended by district and city prosecutors, a military prosecutor equivalent to them and their deputies up to 6 months. In exceptional cases related to the execution of a request for legal assistance sent in the manner prescribed by Article 453 of this Code, the period of inquiry may be extended by the prosecutor of a constituent entity of the Russian Federation and an equivalent military prosecutor to 12 months. The resumption of a suspended inquiry or extension of the period of inquiry in criminal cases being processed by an investigator of the Investigative Committee of the Russian Federation is carried out by the appropriate head of the investigative body of the Investigative Committee of the Russian Federation in the manner established by parts three to five of this article. According to Articles 123-125 of the Criminal Procedure Code, actions (inaction) and decisions of the investigator, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the head of the investigative body, the prosecutor and the court can be appealed in the manner established by this Code by participants criminal proceedings, as well as other persons to the extent that the procedural actions performed and procedural decisions made affect their interests. If reasonable time limits for criminal proceedings are violated during pre-trial proceedings in a criminal case, participants in criminal proceedings, as well as other persons whose interests are affected, may contact the prosecutor or the head of the investigative body with a complaint, which must be considered in the manner and within the time limits established by Article 124 of this Code. The prosecutor or head of the investigative body considers the complaint within 3 days from the date of its receipt. In exceptional cases, when in order to verify a complaint it is necessary to request additional materials or take other measures, the complaint may be considered within 10 days, of which the applicant is notified. Based on the results of consideration of the complaint, the prosecutor or the head of the investigative body makes a decision to fully or partially satisfy the complaint or to refuse to satisfy it. If a complaint filed in accordance with part two of Article 123 of this Code is satisfied, the resolution must indicate the procedural actions taken to speed up the consideration of the case and the deadlines for their implementation. The applicant must be immediately notified of the decision made on the complaint and the further procedure for appealing it. In cases provided for by this Code, the inquiry officer or investigator has the right to appeal the actions (inaction) and decisions of the prosecutor or the head of the investigative body, respectively, to a higher prosecutor or the head of a higher investigative body. Resolutions of the inquiry body, the inquirer, the investigator, the head of the investigative body on the refusal to initiate a criminal case, on the termination of the criminal case, as well as other actions (inaction) and decisions of the inquirer, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the head of the investigative body and the prosecutor, who are capable of causing damage to the constitutional rights and freedoms of participants in criminal proceedings or complicate citizens' access to justice, can be appealed to the district court at the place where the act containing elements of a crime was committed. If the place of conduct of the preliminary investigation is determined in accordance with parts two to six of Article 152 of this Code, complaints about the actions (inaction) and decisions of these persons are considered by the district court at the location of the body in charge of the criminal case. The complaint may be filed with the court by the applicant, his defense attorney, legal representative or representative directly or through the investigator, head of the inquiry unit, head of the inquiry agency, inquiry agency, investigator, head of the investigative agency or prosecutor. The judge checks the legality and validity of the actions (inaction) and decisions of the investigator, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the head of the investigative body, the prosecutor no later than 5 days from the date of receipt of the complaint in a court hearing with the participation of the applicant and his defense attorney , legal representative or representative, if they are involved in a criminal case, other persons whose interests are directly affected by the appealed action (inaction) or decision, as well as with the participation of the prosecutor, investigator, head of the investigative body. The failure to appear of persons who were timely notified of the time for consideration of the complaint and who do not insist on its consideration with their participation is not an obstacle to the consideration of the complaint by the court. Complaints subject to consideration by the court are considered in open court, with the exception of cases provided for in part two of Article 241 of this Code. Based on the results of consideration of the complaint, the judge makes one of the following decisions: 1) recognizing the action (inaction) or decision of the relevant official as illegal or unfounded and on his obligation to eliminate the violation; 2) about leaving the complaint without satisfaction. Copies of the judge's decision are sent to the applicant, the prosecutor and the head of the investigative body. The filing of a complaint does not suspend the production of the appealed action and the execution of the appealed decision, unless the inquiry officer, the head of the inquiry unit, the head of the inquiry body, the inquiry body, the investigator, the head of the investigative body, the prosecutor or the judge find it necessary to do so. Thus, criminal proceedings under Article 264.1 of the Criminal Code are carried out in the form of an inquiry. The period of inquiry may be extended to 6 months related to the conduct of a forensic examination; the period of inquiry provided for in part three of this article may be extended in necessary cases, including those related to the conduct of a forensic examination.

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

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Article 223.1 of the Code of Criminal Procedure of the Russian Federation. Notification of suspected crime

If a criminal case has been initiated based on the commission of a crime and during the investigation sufficient data has been obtained giving grounds to suspect a person of having committed a crime, the investigator draws up a written notification of suspicion of committing a crime, a copy of which is handed to the suspect and explains to him the rights of the suspect provided for in Article 46 of this Code, about which a protocol is drawn up with a note indicating the delivery of a copy of the notification. Within 3 days from the date of delivery to a person of a notification of suspicion of committing a crime, the investigator must interrogate the suspect on the merits of the suspicion.
The notification of suspicion of committing a crime must indicate: 1) the date and place of its preparation; 2) surname, initials of the person who compiled it; 3) last name, first name and patronymic of the suspect, date, month, year and place of his birth; 4) a description of the crime indicating the place, time of its commission, as well as other circumstances to be proven in accordance with paragraphs 1 and 4 of part one of Article 73 of this Code; 5) paragraph, part, article of the Criminal Code of the Russian Federation, providing for liability for this crime.
If there is data giving grounds to suspect a person of committing several crimes provided for in different paragraphs, parts, articles of the Criminal Code of the Russian Federation, the notification of suspicion of committing a crime must indicate what acts the person is suspected of committing under each of these provisions of the criminal law .
If several suspects are identified in one criminal case, a notice of suspicion of committing a crime is given to each of them.
A copy of the notification of suspicion of a person having committed a crime is sent to the prosecutor.

Initiation of criminal cases by investigative bodies: procedure, terms, features

A preliminary investigation in the form of an inquiry is carried out in the manner established by Chapters 21, 22 and 24-29 of the Code of Criminal Procedure, with exceptions provided by law. The inquiry is carried out on the criminal grounds specified in Part 3 of Art. 150 Code of Criminal Procedure. This list includes 93 crimes provided for by the Special Part of the Criminal Code. In addition, the inquiry is carried out on the written instructions of the prosecutor in criminal cases of other crimes of minor and medium gravity. Thus, inquiries are carried out on a significant number of crimes.

The activities of investigators in criminal cases are carried out in two groups of cases:

in cases in which a preliminary investigation is mandatory (Article 38 of the Code of Criminal Procedure), urgent investigative actions are carried out;
in criminal cases that do not require a preliminary investigation, the investigation is carried out in full in the form of an inquiry.

Inquiries are carried out in the following criminal cases:

in criminal cases of crimes provided for in Art. 112, 115, 116, 117 part 1, 118, 119, 121, 122 part 1 and 2, 123 part 1, 125, 127 part 1, 129, 130, 150 part 1, 151 part 1, 153-157, 158 part 1, 159 part 1, 160 part 1, 161 part 1, 163 part 1, 165 parts 1 and 2, 166 part 1, 167 part 1, 168, 170, 171 part 1, 171.1 part 1, 175 part 1 and 2, 177, 180 part 1 and 2, 181 part 1, 188 part 1, 194, 203, 207, 213 part 1, 214, 218 , 219 part 1, 220 part 1, 221 part 1, 222 part 1 and 4, 223 part 1 and 4, 224, 228 part 1, 228.2, 230 part 1, 231 part 1, 232 Part 1, 233, 234 Part 1 and 4, 240 Part 1, 241 Part 1, 242, 243 -245, 250 Part 1, 251 Part 1, 252 Part 1, 253, 254 Part 1 256-258, 260 part 1, 261 part 1, 262, 266 part 1, 268 part 1, 294 part 1, 297, 311 part 1, 312, 313 part 1, 314, 315, 319, 322 part 1, 322.1 part 1, 323 part 1, 324-326, 327 part 1 and 3, 327.1 part 1, 329 and 330 part 1 of the Criminal Code of the Russian Federation;
about other crimes of minor and medium gravity - on the written instructions of the prosecutor.

When conducting a preliminary investigation in cases falling under the jurisdiction of the inquiry bodies, the investigator is authorized to independently carry out investigative and other procedural actions and make procedural decisions, with the exception of those that require the consent of the head of the inquiry agency, a decision of the prosecutor and (or) a court decision. The investigator has the right to exercise other powers granted to him by the Code of Criminal Procedure.

In this case, the instructions of the prosecutor and the head of the investigation unit are mandatory. An inquiry is an “accelerated” form of investigation; it is carried out within 30 days from the date of initiation of a criminal case until the day a decision is made to send it to the prosecutor for approval of the indictment. This period may be extended by a decision of the prosecutor for 30 days.

In necessary cases, including those related to the conduct of a forensic examination, the period of inquiry provided for in Part 3 of Art. 223 of the Code of Criminal Procedure of the Russian Federation, can be extended by district and city prosecutors, equivalent military prosecutors and their deputies for up to 6 months. In exceptional cases related to the execution of a request for legal assistance sent in the manner provided for in Art. 453 Code of Criminal Procedure of the Russian Federation. the period of inquiry may be extended by the prosecutor of a constituent entity of the Russian Federation and a military prosecutor equivalent to him up to 12 months.

In the case when it was not possible to complete the investigation within the time limit (15 days) due to the fact that the suspect or accused fled from the investigation, or his location was not established for other reasons, or the location of the suspect or accused is known, but there is a real possibility of his participation in there is no criminal case, or the suspect or accused is temporarily seriously ill and this prevents his participation in investigative and other procedural actions, the inquiry is suspended in the manner prescribed by Chapter 28 of the Code of Criminal Procedure.

Moreover, for the reasons specified in i. 2 hours 1 tbsp. 208 of the Code of Criminal Procedure, the inquiry is suspended only after the expiration of its term, and on the grounds provided for by and. 3 and 4 hours 1 tbsp. 208 of the Code of Criminal Procedure, the inquiry may be suspended before the end of its term. The inquiry is resumed on the basis of a decision of the prosecutor or the head of the inquiry unit in the manner prescribed by Art. 211 Code of Criminal Procedure.

The investigation begins with the initiation of a criminal case. After a decision is made to initiate a criminal case based on a crime for which a preliminary investigation is required (Article 157 of the Code of Criminal Procedure), the investigative body carries out urgent investigative actions and forwards the criminal case to the head of the investigative body, and for the elements specified in Part 3 of Art. 150 Code of Criminal Procedure, i.e. not requiring a preliminary investigation, conducts an inquiry in full. A copy of the resolution is sent to the prosecutor (Part 4 of Article 146 of the Code of Criminal Procedure).

If a criminal case has been initiated based on the commission of a crime and during the investigation sufficient data has been obtained giving grounds to suspect a person of having committed a crime, the investigator draws up a written notification of suspicion of committing a crime, a copy of which is handed to the suspect and explains to him the rights of the suspect provided for in Art. 40 of the Code of Criminal Procedure, about which a protocol is drawn up with a note indicating the delivery of a copy of the notification.

Within 3 days from the date of delivery to a person of a notification of suspicion of committing a crime, the investigator must interrogate the suspect on the merits of the suspicion. A notice of suspicion of committing a crime must indicate:

date and place of its preparation;
surname, initials of the person who compiled it;
last name, first name and patronymic of the suspect, date, month, year and place of his birth;
description of the crime indicating the place and time of its commission, as well as other circumstances to be proven in accordance with paragraphs 1 and 4 of Part 1 of Art. 73 Code of Criminal Procedure;
clause, part, article of the Criminal Code of the Russian Federation, providing for liability for this crime.

If there is data giving grounds to suspect a person of committing several crimes provided for in different paragraphs, parts, articles of the Criminal Code of the Russian Federation, the notification of suspicion of committing a crime must indicate what acts the person is suspected of committing under each of these provisions of the criminal law . If several suspects are identified in one criminal case, a notice of suspicion of committing a crime is given to each of them. A copy of the notification of suspicion of a person having committed a crime is sent to the prosecutor (Article 223.1).

In relation to a person suspected of committing a crime, the investigator has the right to file a petition with the court, with the consent of the prosecutor, to select a preventive measure in the form of detention.

The investigator must submit the decision to initiate a petition to take the suspect into custody and materials confirming the validity of the petition to the appropriate judge for consideration. If a preventive measure in the form of detention was chosen against the suspect, then the indictment is drawn up no later than 10 days. from the day he was taken into custody, and if the suspect was detained and then taken into custody, then within the same period from the moment of detention.

If it is impossible to draw up an indictment within the time period provided for in Part 2 of Art. 224. The suspect is charged in the manner established by Chapter 23 of the Code of Criminal Procedure, after which the inquiry continues in the manner established by this chapter, or this preventive measure is cancelled. If it is impossible to complete the inquiry within 30 days and there are no grounds for changing or canceling the preventive measure in the form of detention, this period may be extended by a judge of the district court and the military court of the appropriate level in the manner established by Part 3 of Art. 108 of the Code of Criminal Procedure, at the request of the investigator with the consent of the district, city prosecutor or equivalent military prosecutor for a period of up to 6 months.

Article 223.2 of the Code of Criminal Procedure of the Russian Federation. Conducting an inquiry by a group of investigators

The conduct of an inquiry in a criminal case, if it is complex or large in volume, may be entrusted to a group of investigators, which is issued a separate resolution or indicated in the resolution to initiate a criminal case.
The decision to conduct an inquiry by a group of investigators and to change its composition is made by the head of the inquiry body. The resolution must list all the investigators who are entrusted with conducting the investigation, including indicating which investigator is appointed as the head of the group of investigators. Officials of bodies carrying out operational investigative activities may be involved in the work of the group of investigators. The composition of the group of investigators is announced to the suspect or accused.
The head of the group of investigators accepts the criminal case for his proceedings, organizes the work of the group of investigators, directs the actions of other investigators, and draws up an indictment.
The head of the group of investigators makes decisions on: 1) separating criminal cases into separate proceedings in the manner established by Articles 153 - 155 of this Code; 2) termination of the criminal case in whole or in part; 3) suspension or resumption of criminal proceedings; 4) written notification of suspicion of committing a crime; 5) bringing a person as an accused and the scope of the charges brought against him; 6) sending the accused to a medical or psychiatric hospital for a forensic medical or forensic psychiatric examination, respectively, except for the cases provided for in paragraph 3 of part two of Article 29 of this Code; 7) filing a petition with the prosecutor to extend the period of inquiry; initiating, with the consent of the prosecutor, a petition to the court to select a preventive measure, as well as to carry out investigative and other procedural actions provided for in part two of Article 29 of this Code.
The leader and members of the group of investigators have the right to participate in investigative actions carried out by other investigators, personally carry out investigative actions and make decisions on a criminal case in the manner established by this Code.

Forms of inquiry

Currently, there are two forms of inquiry in criminal cases - full inquiry (Chapter 32 of the Code of Criminal Procedure of the Russian Federation) and abbreviated inquiry (inquiry in an abbreviated form - Chapter 32. 1 of the Code of Criminal Procedure of the Russian Federation).
A preliminary investigation in the form of an inquiry is carried out in full in criminal cases specified in Part 3 of Art. 150 Code of Criminal Procedure of the Russian Federation.

Inquiries in criminal cases are carried out in accordance with the general procedure established by the Code of Criminal Procedure of the Russian Federation for preliminary investigations. However, there are also features that we will consider below.

Article 225 of the Code of Criminal Procedure of the Russian Federation. Indictment

At the end of the inquiry, the investigator draws up an indictment, which indicates: 1) the date and place of its preparation; 2) position, surname, initials of the person who compiled it; 3) information about the person brought to criminal liability; 4) the place and time of the commission of the crime, its methods, motives, goals, consequences and other circumstances relevant to the given criminal case; 5) the wording of the charge indicating the paragraph, part, article of the Criminal Code of the Russian Federation; 6) a list of evidence supporting the accusation and a summary of its content, as well as a list of evidence referred to by the defense and a summary of its content; 7) circumstances mitigating and aggravating punishment; information about the victim, the nature and extent of the harm caused to him; 9) list of persons subject to summons to court.
The accused and his defense attorney must be familiarized with the indictment and the materials of the criminal case, which is noted in the protocol of familiarization with the materials of the criminal case.
The victim or his representative, at his request, may be provided with the indictment and materials of the criminal case for review in the same manner as established by part two of this article for the accused and his defense attorney. 3.1. The indictment is accompanied by a certificate about the timing of the investigation, about the chosen preventive measures indicating the time of detention and house arrest, about material evidence, a civil claim, measures taken to secure a civil claim and possible confiscation of property, procedural costs, and if the accused has, injured dependents - about the measures taken to ensure their rights. The certificate must indicate the relevant pages of the criminal case.
The indictment drawn up by the inquiry officer is approved by the head of the inquiry body. The materials of the criminal case, together with the indictment, are sent to the prosecutor.

General inquiry

Inquiry is understood as a form of preliminary investigation carried out by an inquiry officer (in exceptional cases - by an investigator) in a criminal case in which a preliminary investigation is not necessary. In case of complexity or large volume of the criminal case, the inquiry may be entrusted to a group of investigators in accordance with Art. 223.2 Code of Criminal Procedure.

The inquiry is carried out in cases of minor and moderate gravity, listed in Part 3 of Art. 150 of the Code of Criminal Procedure, taking into account the relatively low social significance and insignificant degree of complexity of their disclosure. A preliminary investigation to establish the circumstances of their commission may not be carried out unless the prosecutor considers it necessary (Part 4 of Article 150 of the Code of Criminal Procedure). In accordance with Part 1 of Art. 223 of the Code of Criminal Procedure, the inquiry is carried out according to the same rules as the preliminary investigation, with the exception of some procedural features regulated by Ch. 32 Code of Criminal Procedure.

The features of this form of preliminary investigation include: the timing of the inquiry, the procedure for sending a notification of suspicion of committing a crime, the features of applying a preventive measure in the form of detention to the suspect (accused), and specific forms of completing the inquiry.

Terms of inquiry . For carrying out an inquiry, the legislator, just as for the investigation, establishes certain procedural deadlines. Taking into account the nature of criminal cases subject to investigation in this form and the simplified procedure, the time frame for the inquiry is less long than the time period for the preliminary investigation. According to Part 3 of Art. 223 of the Code of Criminal Procedure, the initially established period of inquiry is 30 days. If it is impossible to complete the inquiry within this period, it may be extended by the prosecutor for another 30 days.

In necessary cases, including those related to the conduct of a forensic examination, the period of inquiry may be extended by the district-level prosecutor or his deputy to six months. And finally, in exceptional cases related to the execution of a request for international legal assistance sent in accordance with Art. 453 of the Code of Criminal Procedure, the period of inquiry can be extended by the prosecutor of a constituent entity of the Russian Federation or a military prosecutor equivalent to him up to 12 months.

The conditions for observing the terms of the inquiry and the procedure for their extension are similar to the corresponding provisions of the preliminary investigation and are regulated by Art. 162 Code of Criminal Procedure. The differences lie only in the following two aspects: firstly, the decision to extend the period of inquiry is under the jurisdiction of the prosecutor; secondly, the period of inquiry has a limit established by law (6 or 12 months). Therefore, if the period of inquiry has completely expired, and the investigator was unable to complete all the necessary investigative actions and complete the pre-trial proceedings, then in this situation it seems logical to change the form of the preliminary investigation - transfer of the criminal case to the investigator.

Sending a notification of suspicion of committing a crime. For inquiry, in addition to three general procedures (clauses 1-3, part 1, article 46 of the Code of Criminal Procedure), another specific procedure is provided for assigning a person the status of a suspect - sending a notification of suspicion of committing a crime (Article 2231 of the Code of Criminal Procedure). This mechanism serves as a procedural alternative to bringing charges. It is used if a criminal case has not been initiated against a specific person, if this person has not previously been detained on suspicion of committing a crime and if a measure of criminal procedural restraint has not been chosen for him.

Thus, if a criminal case has been initiated upon the commission of a crime and during the investigation sufficient data has been obtained giving grounds to suspect a person of having committed a crime, the investigator draws up a written notification of suspicion of committing a crime, a copy of which is handed to the suspect and explains to him the relevant rights provided for in Art. . 46 Code of Criminal Procedure. A protocol is drawn up on the delivery of the notice and clarification of rights. Within three days from the moment a person is served with a notification of suspicion of committing a crime, the investigator must interrogate him on the merits of the suspicion. The notification of suspicion of committing a crime must indicate: 1) the date and place of its preparation; 2) surname and initials of the investigator; 3) last name, first name and patronymic of the suspect, date, month, year and place of his birth; 4) a description of the crime indicating the place, time of its commission, as well as other circumstances to be proven; 5) paragraph, part, article of the Criminal Code, providing for liability for this crime. If there is data giving grounds to suspect a person of committing several crimes provided for by different norms of the criminal law, the notification of suspicion of committing a crime must indicate what acts the person is suspected of committing under each of the norms of the criminal law. If several suspects are identified in one criminal case, a notice of suspicion of committing a crime is given to each of them. A copy of the notice is sent to the prosecutor.

Peculiarities of applying a preventive measure in the form of detention to a suspect (accused). During the investigation, if there are sufficient grounds for this, a preventive measure in the form of detention may be chosen against the suspect. The procedure for resolving this issue, and in particular the judicial procedure for its consideration, is regulated by the general rules established by Art. 108 of the Code of Criminal Procedure, with the exception of one feature, which involves sending to the court the corresponding petition of the investigator only with the consent of the prosecutor (Part 1 of Article 224 of the Code of Criminal Procedure).

If a suspect is taken into custody, the investigation into a criminal case must be completed no later than 10 days from the moment the court makes such a decision (Part 2 of Article 224 of the Code of Criminal Procedure). This procedural provision is determined by the general requirements of the case. In connection with the abolition of this provision, an additional legal procedure was required to make it possible to recognize a person as a suspect already in the process of carrying out an inquiry.

In this regard, it appears that if a person was previously detained on suspicion of committing a crime, and then a preventive measure in the form of detention was applied to him, then in this case the 10-day period for completing the inquiry should be calculated from the moment of actual detention.

If it is impossible to draw up an indictment within the specified 10-day period, the detention is canceled or the suspect is charged in the manner prescribed for the preliminary investigation, and the inquiry continues. However, such presentation of charges to a person does not at all determine the extension of the established Art. 109 of the Code of Criminal Procedure for the general terms of detention of the accused. According to Part 4 of Art. 224 of the Code of Criminal Procedure for inquiry there are specific terms for keeping the accused in custody. So, the initially established period is 30 days. If it is impossible to complete the investigation and there are no grounds for canceling or changing the chosen preventive measure, this period, at the request of the interrogating officer, agreed with the district level prosecutor, can be extended by a judge of the district (equivalent to it military) court to six months. The issue of extending the period of detention is considered in accordance with the general procedure established by Part 3 of Art. 108 Code of Criminal Procedure.

Forms for completing the inquiry . The inquiry may end: 1) termination of the criminal case in accordance with Ch. 29 Code of Criminal Procedure; 2) sending the criminal case to court with an indictment in accordance with Art. 225, 226 Code of Criminal Procedure.

The end of the inquiry with an indictment is a form of completion of pre-trial proceedings, which is determined by the investigator’s conclusion that the suspect has been incriminated of a crime and the need to bring charges against him and send the materials of the criminal case for further consideration to the court.

The procedure for completing an inquiry with drawing up an indictment is regulated to a much weaker extent than the similar procedure for completing a preliminary investigation. In particular, the legislator does not directly indicate at what point in the criminal proceedings the investigator should proceed to its implementation. However, according to the meaning of the law, it is obvious that the inquiry should be considered completed at the moment when all investigative actions have been completed and the collected evidence is sufficient to bring the suspect to criminal responsibility by drawing up an indictment.

An indictment is the final criminal procedural document of a preliminary investigation carried out in the form of an inquiry, which, based on an analysis of the evidence collected in the case, assigns the status of an accused to a person and stipulates the submission of the criminal case materials to the court. Thus, the indictment has a dual legal nature. Firstly, it indicates that the person in respect of whom the inquiry was conducted has been brought to criminal responsibility. It is from the moment the indictment is issued that a person passes into a fundamentally new procedural status - the accused (clause 2, part 1, article 47 of the Code of Criminal Procedure). Therefore, in this aspect, the indictment is essentially close to such a document as a decision to bring a person as an accused. Secondly, the indictment is the final procedural document of the inquiry. It legally completes the preliminary investigation conducted in this form and determines the transition of the criminal case to the next stage of the process - the stage of preparation for the trial.

The form and content of the indictment are regulated by Art. 225 Code of Criminal Procedure. So, in this procedural document the investigator indicates: 1) the date and place of its preparation; 2) your position, surname and initials; 3) information about the person brought to criminal liability; 4) information about the place and time of the crime, its methods, motives, goals, consequences and other circumstances relevant to the criminal case; 5) the wording of the charge indicating a specific provision of the criminal law (clause, part, article of the Criminal Code); 6) a list of evidence supporting the accusation and a summary of its content, as well as a list of evidence referred to by the defense and a summary of its content; 7) circumstances mitigating and aggravating punishment; information about the victim, information about the nature and extent of the harm caused; 9) list of persons subject to summons to court.

The indictment is accompanied by a certificate about the timing of the investigation, about the chosen preventive measures indicating the time of detention and house arrest, about material evidence, a civil claim, measures taken to secure a civil claim and possible confiscation of property, procedural costs, and if the accused has, injured dependents - about the measures taken to ensure their rights. The certificate must indicate the relevant pages of the criminal case.

In accordance with Part 2 of Art. 225 of the Code of Criminal Procedure, the accused and his defense attorney must be familiarized with the indictment and the materials of the criminal case, about which the investigator draws up a corresponding protocol. The legislator does not directly provide for the procedural form of such familiarization. However, it seems that it should be carried out in a manner similar to familiarization of the accused with the materials of the criminal case at the end of the preliminary investigation (Article 217 of the Code of Criminal Procedure). The victim and his representative have the right to familiarize themselves with these materials in the same manner if they file a corresponding petition (Part 3 of Article 225 of the Code of Criminal Procedure). The indictment is subject to approval by the head of the inquiry agency, after which, together with all the materials of the criminal case, it is sent to the prosecutor.

The procedure for the prosecutor to consider the materials of the criminal case received by him with the indictment is very similar to the similar procedure at the end of the preliminary investigation. The differences lie only in the timing of the prosecutor’s review of the case materials and the types of decisions made. According to Part 1 of Art. 226 of the Code of Criminal Procedure, materials of a criminal case received with an indictment are considered within two days. Based on the results of the review, the prosecutor must make one of the following decisions: 1) approve the indictment and send the criminal case to court; 2) return the criminal case with his written instructions to the investigator for conducting an additional inquiry or for re-drawing the indictment if it does not comply with the requirements of the law; in this case, the prosecutor may extend the investigation period, but no more than 10 days to conduct an additional inquiry and no more than three days to re-draft the indictment; 3) terminate the criminal case; 4) send the criminal case for preliminary investigation. When approving the indictment, the prosecutor has the right, by his decision, to partially terminate the criminal prosecution or reclassify the charge to a less serious one.

A copy of the indictment is handed over to the accused, his defense attorney and the victim in the manner prescribed for the indictment.

There is another specific form of ending before knowledge - sending the criminal case to the investigator. In fact, this procedure does not determine the end of all pre-trial proceedings, but is only associated with a change in the form of the investigation. Nevertheless, in this situation, procedural legal relations that make up the content of the inquiry cease to exist, and instead new ones appear that make up the content of the preliminary investigation.

Unfortunately, the legislator does not pay sufficient attention to the legal regulation of this form of completion of the inquiry. Therefore, the corresponding procedural rules seem to indirectly follow from the meaning of a number of provisions of the Code of Criminal Procedure. Thus, it seems that the transfer of a criminal case from an inquiry officer to an investigator can take place in cases where the inquiry has exhausted the legal means allocated by law, but has not resolved the tasks of the preliminary investigation. Such cases, in particular, include the expiration of the maximum permissible period of inquiry or a large amount of work that requires the creation of an investigative team in the case. A change in the form of the preliminary investigation is also necessary in cases where, during the investigation, evidence was obtained that incriminates the suspect of committing a more serious crime than provided for in Part 3 of Art. 150 Code of Criminal Procedure. And finally, a change in the form of the preliminary investigation may be due to a written order from the prosecutor (Part 4 of Article 150 of the Code of Criminal Procedure). If it is necessary to change the form of the preliminary investigation, the investigator sends the materials of the criminal case to the prosecutor, who, in turn, transfers them to the preliminary investigation body.

Article 226 of the Code of Criminal Procedure of the Russian Federation. The decision of the prosecutor in a criminal case received with an indictment

The prosecutor considers the criminal case received with an indictment, and within 2 days makes one of the following decisions on it: 1) to approve the indictment and to send the criminal case to court; 2) on the return of the criminal case for additional inquiry or re-drafting of the indictment if it does not comply with the requirements of Article 225 of this Code with its written instructions. In this case, the prosecutor may set a period of no more than 10 days for conducting an additional inquiry, and no more than 3 days for re-drafting the indictment. Further extension of the period of inquiry is carried out on a general basis and in the manner established by parts three to five of Article 223 of this Code; 3) on the termination of a criminal case on the grounds provided for in Articles 24 - 28 of this Code; 4) on sending a criminal case for preliminary investigation.
When approving the indictment, the prosecutor has the right, by his decision, to exclude from it certain counts of the charge or to reclassify the charge to a less serious one.
A copy of the indictment with attachments is handed over to the accused, his defense attorney and the victim in the manner prescribed by Article 222 of this Code.

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Grounds for conducting an inquiry

Inquiry is understood as a form of preliminary investigation carried out by an inquiry officer (investigator) in a criminal case in which a preliminary investigation is not necessary (clause 8 of Article 5 of the Code of Criminal Procedure).

The investigative jurisdiction of the investigative bodies is determined by Part 3 of Art. 150 Code of Criminal Procedure. These are crimes of minor and medium gravity. An investigation in the form of an inquiry in such cases is that the body of inquiry, having opened a criminal case and, guided by the rules for conducting a preliminary investigation, itself, without transferring the case to the investigator, fully establishes all the circumstances of the subject of proof and completes the criminal case independently. The materials of such an inquiry are the basis for consideration of the case in court on a general basis.

Required terms

investigations in the form of inquiry are, firstly, a limited range of crimes - about 100 offenses provided for by criminal law. Secondly, an inquiry is allowed if by the time the criminal case is initiated, the person who committed the crime has been identified - these are the so-called “obvious” criminal cases.

The characteristic features of the inquiry, which distinguish it from another form of preliminary investigation - the investigation, are: a) a shortened investigation period; b) simplified inquiry procedure; c) absence of the figure of the accused; d) use of arrest in exceptional situations; e) completion of the inquiry by drawing up an indictment.

In accordance with Art. 150 of the Code of Criminal Procedure for crimes of minor and moderate gravity, specified in Part 3 of the said article (for example, intentional infliction of moderate harm to health (Article 112 of the Criminal Code), intentional infliction of minor harm to health (Article 115 of the Criminal Code), beatings (Article 116 of the Criminal Code) , torture (Article 117 of the Criminal Code), etc.), are investigated in the form of an inquiry. Other crimes of minor and medium gravity, not specified in Part 3 of Art. 150 of the Code of Criminal Procedure are investigated in the form of an inquiry on the direct instructions of the prosecutor in writing. Grave and especially grave crimes cannot be investigated in the form of an inquiry; if a criminal case is erroneously accepted for investigation according to the above categories of gravity, the investigator is obliged to inform the prosecutor about this and send the case materials to determine jurisdiction.

From the contents of Part 3 of Art. 151 of the Code of Criminal Procedure of the Russian Federation it follows that the bulk of the work on the inquiry falls on the investigators of the internal affairs bodies. In addition, the inquiry is carried out:

1) in criminal cases of violation of the legislation on the continental shelf and on the exclusive economic zone (Article 253 of the Criminal Code), illegal extraction of aquatic animals and plants (Article 256 of the Criminal Code), illegal crossing of the State Border of the Russian Federation (Article 322 of the Criminal Code), about illegal changes in the State Border of the Russian Federation (Article 323 of the Criminal Code) and about smuggling (Part 1 of Article 188 of the Criminal Code) - by investigators of the border authorities of the Federal Security Service of the Russian Federation;

2) in cases of certain crimes against justice (for example, obstruction of justice and preliminary investigation (Article 294 of the Criminal Code), contempt of court (Article 297 of the Criminal Code), etc. - by investigators of the bailiff service;

3) in cases of smuggling (Part 1 of Article 188 of the Criminal Code) and evasion of customs duties (Article 194 of the Criminal Code) - by customs investigators;

4) in cases of careless destruction or damage to property through careless handling of fire or other source of increased danger or resulting in grave consequences (Part 2 of Article 168 of the Criminal Code), violation of fire safety rules (Part 1 of Article 219 of the Criminal Code) and destruction or Damage to forests as a result of careless handling of fire or other sources of increased danger (Part 1 of Article 261 of the Criminal Code) is carried out by investigators of the State Fire Service;

5) in cases of crimes against public health and public morality related to the illicit trafficking of narcotic drugs and psychotropic substances (parts 1 and 5 of Article 228, part 1 of Article 230, part 1 of Article 231, part 1 of Art. 232, Article 233 and Part 1 and Part 4 of Article 234 of the Criminal Code) the inquiry is carried out by investigators of the authorities for control over the circulation of narcotic drugs and psychotropic substances (clause 8 of Part 3 of Article 151 of the Code of Criminal Procedure of the Russian Federation).

Let's consider the production procedure and the timing of the inquiry.

The inquiry is carried out according to the general rules established for the preliminary investigation, with exceptions specifically provided for in Chapter 32 of the Code of Criminal Procedure.

The investigator has the right to conduct all investigative actions except those in which the accused participates.

The period of inquiry is 20 days from the date of initiation of the criminal case. This period may be extended by the prosecutor, but by no more than 10 days. The maximum period of inquiry is 30 days and is not subject to further extension (Part 2 of Article 223 of the Code of Criminal Procedure). Inquiries are conducted, which should be noted, only in cases initiated against specific individuals.

It is also important to pay attention to the fact that a preliminary investigation in the form of an inquiry is carried out solely depending on the procedure for initiating a criminal case and on the choice of a preventive measure.

A criminal case is initiated against specific individuals, and the suspect appears from the moment the criminal case is initiated. After which investigative actions are carried out within the prescribed period, and the right to defense is exercised. After this, without bringing charges, the materials of the criminal case are reviewed, which, together with the indictment (and not the indictment), is sent to the prosecutor. If the criminal proceedings are not completed within 10 days, then the suspect is charged and the inquiry is carried out in the form established by the Criminal Procedure Code.

In accordance with Art. 224 of the Code of Criminal Procedure, the investigator has the right to resolve all procedural issues related to the selection of a preventive measure in the form of detention. The peculiarity is that if such a preventive measure is chosen, then the indictment must be drawn up no later than 10 days from the date of detention, and if this is not possible to do within the prescribed period, then the suspect on a general basis and in the general procedure must be charges are brought in compliance with the rules established for preliminary investigation, or this measure is cancelled.

The defense attorney participates in the case from the moment of arrest or detention.

The investigator draws up an indictment.

Indictment

(Article 225 of the Code of Criminal Procedure) - a document drawn up by the investigator based on the results of the inquiry, when a preliminary investigation is not necessary. Its details and contents are in many ways similar to the indictment and are listed in detail in Part 1 of Art. 225 Code of Criminal Procedure. It is approved by the head of the inquiry agency and, together with the materials of the criminal case, is sent to the prosecutor, further playing the role of an analogue of the indictment and defining the scope of the trial.

The indictment must contain the following:

1) the date and place of its preparation;

2) position, surname, initials of the person who compiled it;

3) information about the person brought to criminal liability;

4) the place and time of the commission of the crime, its methods, motives, goals, consequences and other circumstances relevant to the given criminal case;

5) the wording of the charge indicating the paragraph, part, article of the Criminal Code of the Russian Federation;

6) a list of evidence supporting the accusation and a list of evidence referred to by the defense;

7) circumstances mitigating and aggravating punishment;

information about the victim, the nature and extent of the harm caused to him;

9) list of persons subject to summons to court.

The accused and his defense attorney must be familiarized with the indictment and the materials of the criminal case, which is noted in the protocol of familiarization with the materials of the criminal case.

The victim or his representative, at his request, may be provided with the indictment and materials of the criminal case for review in the same manner as for the accused and his defense attorney.

After the prosecutor receives the materials of the criminal case with the indictment, he has the right to make one of the following decisions in accordance with Art. 226 of the Code of Criminal Procedure: 1) on approval of the indictment and on sending the criminal case to court; 2) on the return of the criminal case for additional inquiry or re-drafting of the indictment if it does not comply with the requirements set out in Art. 225 of the Code of Criminal Procedure with its written instructions. In this case, the prosecutor may extend the period of inquiry, but by no more than 10 days to conduct an additional inquiry and by no more than 3 days to re-draft the indictment;

3) on termination of the criminal case;

4) on sending a criminal case for preliminary investigation.

When approving the indictment, the prosecutor has the right, by his decision, to exclude from it certain counts of the charge or to reclassify the charge to a less serious one.

A copy of the indictment with attachments is handed over to the accused, his defense attorney and the victim.

The prosecutorial actions and decisions associated with both an indictment and an indictment are similar. The differences are expressed only in the time frame for consideration of a criminal case by the prosecutor (inquiry materials are considered within 2 days, not 5), and also in the fact that a criminal case received with an indictment by the inquiry body can be sent for a preliminary investigation (clause 4 Part 1 of Article 256 of the Code of Criminal Procedure), as well as in the case of the return of a criminal case for additional inquiry or re-drafting of the indictment, strict deadlines are established - 10 and 3 days, respectively.

Plan

1. Grounds for conducting an inquiry.

2. Procedure for production and terms of inquiry.

3. Features of choosing preventive measures.

4. Indictment. Decisions of the prosecutor during the investigation.

additional literature

1. Gorobets V. Making decisions by a judge on detention: [Text] // Russian justice. – 2002. – No. 6.

2. Mizulina E. The new procedure for arrest and detention complies with the Constitution of the Russian Federation and international legal standards: [Text] // Russian Justice - 2002. - No. 6.

3. Nazarenko V. Preliminary investigation in modern criminal proceedings: [Text] // Legality. – 2002. – No. 8.

4. Sinelshchikov Yu. Powers of the prosecutor in pre-trial proceedings under the new Criminal Procedure Code: [Text] // Legality. – 2002. – No. 3.

Self-test questions

1. How does an inquiry differ from a preliminary investigation?

2. Who serves the indictment and to whom?