The lack of information about the organization of their work, as well as how the retention period of criminal cases and civil proceedings is determined, only leads to unreasonable waste of time.
To solve production problems, from time to time there is a need to create conditions for storing materials of civil and criminal cases. Places are needed so that officials can study cases and make decisions on them. Multi-channel free hotline Legal advice on criminal law. Every day from 9.00 to 21.00
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Regulatory regulation
The work on storing criminal cases is organized in accordance with the requirements of order number one hundred thirty-seven of the Judicial Department of the Armed Forces of the Russian Federation, which began its operation in 1999. The order approved the conditions for ensuring safety, the organization of selection, and the procedure for submitting documentation to federal and magistrate courts.
The prosecutor's office, the investigative committee, and the structures of the Ministry of Internal Affairs have created and approved instructions (job responsibilities) for office work and storage of strict reporting documents, including those at the stage of operational development, inquiry and investigation.
Rules for officials:
- during absence from the workplace, the employee must store documents in a locked (sometimes sealed) personal safe, the key to which is prohibited from being handed over, or in the office premises;
- the issuance of documents to third-party organizations is permitted only on the instructions of the prosecutor’s office;
- upon transfer, a card is created, an inventory is drawn up, and a report is drawn up;
- terminated (suspended) cases are archived.
If facts of loss of documents, as well as leaks of information from criminal cases under investigation, are revealed, an internal audit is organized, and strict measures are taken against the guilty official, including criminal prosecution.
What is the expiration date for a criminal case?
— Financial law — Shelf life of a criminal case
A separate, completely isolated room must be allocated in the court premises, without adjoining the smoke exhaust structures, the placement of printing installations and the sanitary and communication departments of the building.
We suggest you read: How many days is the insurance valid after the expiration date?
There should be bars installed on the windows, and metal doors should be installed on the emergency and main entrances. The archive room should have only electric lighting, but in the same room there should be a room with natural light to organize the investigator’s work with materials.
The most important part of organizing an archive is the installation of fire alarms and operational fire extinguishing equipment.
In the case of a continuing criminal act consisting of several repeated acts with the same purpose, the period of limitation starts from the moment the last of such acts was committed. For a long-term crime, the term is calculated from the date of completion or suppression of the illegal actions of the perpetrator. The limitation period does not include the time period during which the offender is hiding from law enforcement officers.
The term is restored only after his actual detention or independent surrender. The use of statutes of limitations at different stages of judicial proceedings There are situations in which the period of limitations ends at a specific stage of criminal proceedings, then the law provides for such actions.
It is enough to present the archive worker with your ID confirming your authority. Peculiarities of storing criminal cases The organization of archival premises plays a huge role in storing criminal cases. Important materials from criminal cases will be transferred to the archive only if it meets the standards established at the legislative level.
A separate, completely isolated room must be allocated in the court premises, without adjoining the smoke exhaust structures, the placement of printing installations and the sanitary and communication departments of the building. There should be bars installed on the windows, and metal doors should be installed on the emergency and main entrances.
The archive room should have only electric lighting, but in the same room there should be a room with natural light to organize the investigator’s work with materials.
The lack of information about the organization of their work, as well as how the retention period of criminal cases and civil proceedings is determined, only leads to unreasonable waste of time. To solve production problems, from time to time there is a need to create conditions for storing materials of civil and criminal cases. Places are needed so that officials can study cases and make decisions on them.
- Regulatory regulation
- Shelf life
- Requirements for archival premises
- Request for archival materials
Regulatory regulation The work on storing criminal cases is organized in accordance with the requirements of order number one hundred thirty-seven of the Judicial Department of the Armed Forces of the Russian Federation, which began its operation in 1999.
The exception is cases when, during the deferment, the punishment is reduced or canceled at the request of law enforcement agencies. There is an unconditional opportunity to reduce or completely eliminate the penalty period, regardless of the will of the convicted person. How and to whom to send a petition To obtain reliable information on the case of interest, the following steps should be taken.
- Work through the required article and subsection of the Criminal Code.
- Study the most severe punishment under this article or section.
- According to this punishment, the severity of the particular case is determined.
- Set the terms of the inquiry according to the established gravity, in accordance with the rules of Article 78, Part 1.
If it is difficult to independently determine the required period, a lawyer can do this during a consultation.
An important condition is that when a subsequent crime is committed, the terms are not extinguished, but are considered individually in each specific case. Sometimes a criminal deliberately avoids attending court hearings and ignores official appeals and notifications. In this case, the calculation of the statute of limitations is suspended until the citizen appears in court or is arrested due to the gravity of the crime.
The criminal statute of limitations has its own characteristics and differs in essence from the rules established in civil proceedings. According to the Civil Code of the Russian Federation, the period is calculated for the time when the plaintiff can apply for protection of his rights. In criminal proceedings, it does not matter whether the interested person filed an appropriate application.
The calculation of the statute of limitations for a crime begins after the case is opened by the authorized bodies. This significant difference is related to the severity of the criminal offenses.
In Art. 78 of the Criminal Code establishes that one of the grounds for exemption from liability is the expiration of the statute of limitations in the case. The specific periods depend on the category of the act committed. Let's take a closer look at the statute of limitations in criminal law.
The statute of limitations in this case will be long. A person’s act can also be qualified according to its general composition without aggravating circumstances. In this case, the duration of the period will be different. The law establishes:
- The statute of limitations for criminal cases involving crimes of minor gravity is 2 years. After this period, the perpetrator is released from liability.
After the end of the possible punishment, the interested person has the right to petition for the closure of criminal proceedings. After the expiration of the limitation period, the case is transferred to the archive and stored in the manner prescribed by the procedural code. When the period provided for this category of acts ends, the subject is released from the need to serve the sentence.
Within 3 years, a citizen may have problems with obtaining loans, applying for responsible positions and other restrictions.
In this case, it is worth remembering that such circumstances include only intentional actions of a person carried out in order to avoid imposition of punishment for a criminal act committed by him, for example, changing initials, place of permanent residence, etc.
In addition to the opening of such a concept as the statute of limitations in criminal cases, the law also provides for the moment of its closing - the final day of a certain period established by the current legislation on the territory of the Russian Federation or the date from which the decision of the judicial authorities on this matter legally comes into force business.
Shelf life
The instruction obliges the chairman of the court (collegium) to make a decision on transferring considered and properly prepared criminal and other cases for archival storage after checking the entire proceeding and execution of the decision (ruling) or the entry into force of the sentence.
When sending criminal cases to the archive, the following points are taken into account:
- when a person is taken into custody, confirmation from the territorial police department about the fact of detention, a message from the correctional institution about admission to serve the sentence is required;
- when a suspended sentence is passed, the person is registered with the police, control is organized;
- when a fine is imposed after the receipt of a writ of execution with a note of its implementation;
- assigned to forced labor - after being registered;
- when prohibiting the occupation of certain positions, restricting movement
- the verdict must be served, accounting is carried out;
- if an educational measure is chosen, then the minor is explained information about his violations and about registration with a department of the Ministry of Internal Affairs;
- when a sentence of exceptional punishment is imposed, notification of the convict’s arrival at the place of detention and its execution must be received;
- in case of an acquittal due to lack of evidence, the case is not handed over to the archives, but is sent to the prosecutor for further actions to identify those involved in the crime;
- in case of acquittal - the time of entry into force.
To determine the final storage period for documents in criminal and other proceedings, an expert commission is appointed. It assesses the degree of their importance according to many parameters (political, scientifically significant, economic and other) and makes appropriate decisions. Based on the age of storage, activated destruction of files is carried out.
Where are criminal cases stored - Lawyers
Together with a friend I am suspected under Art. 161, part 2, Criminal Code of the Russian Federation (“qualified robbery”), the investigation lasts more than a year, I go under a subscription, and the second suspect is on the federal wanted list. The victim agrees to a settlement. Can the case be dismissed on this basis? Will the investigation last until my friend is caught?
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1. Reconciliation in your case can only affect the mitigation of punishment, but not the release from criminal liability.
Being an investigator, I will answer unequivocally (and there are no other options). The criminal case (in its entirety, without any “destruction of documents refuted by the Court”) is stored in the court of first instance.
The case materials may be located in another place for some period (for example, requested by a higher court), but in the end they are still returned to the court.
Some copies of the documents of the criminal case may indeed be stored in the corresponding operational record file of the body that carried out the operational investigation in this case, but this does not matter.
1 answer. Moscow Viewed 63 times. Asked 2013-05-22 11:16:09 0400 in the topic “Criminal Law” Why are criminal cases stored? For example, closed cases, why are they stored? — Why are criminal cases stored? For example, closed cases, why are they stored. Further
1 answer. Moscow Viewed 99 times. Asked 2012-09-09 10:47:31 0400 in the topic “Other questions” What to do in such a situation? Help! (c) - What to do in such a situation? Help! (V).
During the presentation of the procedure for issuing biometric passports, journalists were shown that taking biometric data (fingerprints) to produce a biometric passport will take a maximum of 15-20 minutes.
The issuance of biometric passports in Ukraine will begin on January 12, and the passport form (new sample) for a citizen of Ukraine for traveling abroad will be in the form of a booklet and consist of 32 pages with an additional degree of protection.
They don’t hire people like that to be cosmonauts (archivists). But seriously, our law has been created so that any innocent person can be imprisoned, although it seems like it (the Law) is humane and you can appeal the verdict at any time (even after 20 years), well We won’t let you get acquainted with the case, remember, they say, everything yourself.
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Requirements for archival premises
Special attention is paid to ensuring the safety of materials of criminal and civil cases and other documents subject to archival storage.
The list of basic requirements for the premises and security organization includes the following:
- A separate isolated room is allocated in the court premises without adjoining the sanitary and communication parts of the building and placing furnace installations, as well as smoke exhaust structures.
- Bars are installed on the windows, and metal doors are installed on the emergency and main entrances.
- Lighting is provided only with electrical energy consumption.
- Inside the archive there is a room for working with materials, with the possibility of natural lighting.
- A fire alarm must be installed and operational fire extinguishing equipment must be installed.
Direct placement of materials is organized using mobile shelving structures of established sizes. They are placed at some distance from the walls (touching archival materials to the surface of the walls is not allowed).
The presence of special shelving for storing file cabinets simplifies the work of the archivist in searching for requested materials. All cabinets and racks are numbered using special indexes containing information about registration numbers and dates related to stored materials.
The main requirements for the content of archival documents are:
- temperature range from 14 to 20 degrees Celsius;
- air humidity condition is not less than 50% and not more than 60%;
- constant measures to prevent the manifestation of mold, parasites, mice and rats;
- scheduled wet cleaning of the premises and dust removal from the archive folders themselves.
Compliance with the above rules sufficiently guarantees the storage of materials on criminal and administrative cases for the periods necessary for use. The applied classification structuring ensures a quick search for the requested information.
What does an archivist do when submitting a file to the archive?
Archive workers, if necessary, provide methodological assistance to structural units in the preparation and registration of files for transferring them to the archive. ... A list of standard archival documents generated in the scientific, technical and production activities of organizations, indicating storage periods (approved.
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Results
When organizing an archive in a company, you should remember that the storage periods for one document serving in different capacities can be established by different legal acts and therefore vary. In this case, the period should be calculated to the maximum. Until its expiration, the document must be kept in the company's archives and cannot be destroyed.
Sources:
- Law “On Accounting” dated December 6, 2011 No. 402-FZ
- Order of Rosarkhiv dated December 20, 2019 No. 236
- Order of the Ministry of Culture of Russia dated August 25, 2010 No. 558
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