Article 144. Procedure for considering a report of a crime

Within the meaning of norms 144, 145 of the Code of Criminal Procedure of the Russian Federation, if a decision is made to transfer materials to the jurisdiction or to the court, authorized persons must ensure the preservation of traces of the crime .

Article

144
of the Criminal Procedure Code of the Russian Federation
(
Code of Criminal Procedure of the Russian Federation
) is the 'Procedure for considering a report of a crime'.
Article
145
of the Code of Criminal Procedure of the Russian
(
Code of Criminal Procedure of the Russian Federation
) is “Decisions made based on the results of consideration of a report of a crime.”
Usually used in the phrase 'Carry out a check in accordance with Art
.

Article 144. Procedure for considering a report of a crime

Article 144. Procedure for considering a report of a crime

[Code of Criminal Procedure] [Part Two] [Section VII] [Chapter 19]
. The inquiry officer, the inquiry body, the investigator, the head of the investigative body are obliged to accept, verify a message about any crime committed or being prepared and, within the competence established by this Code, make a decision on it no later than 3 days from the date of receipt of the specified message. When checking a report of a crime, the inquiry officer, the inquiry body, the investigator, the head of the investigative body has the right to receive explanations, samples for comparative research, request documents and objects, seize them in the manner established by this Code, order a forensic examination, take part in its production and obtain a conclusion expert within a reasonable time, carry out an inspection of the scene of the incident, documents, objects, corpses, examination, demand documentary checks, audits, studies of documents, objects, corpses, involve specialists in these actions, give the body of inquiry a binding written order to carry out operational search activities.

1.1. Persons participating in the production of procedural actions when checking a report of a crime are explained their rights and obligations provided for by this Code, and are provided with the opportunity to exercise these rights to the extent that the procedural actions performed and procedural decisions made affect their interests, including the rights not testify against yourself, your spouse and other close relatives, the circle of whom is defined in paragraph 4 of Article 5 of this Code, use the services of a lawyer, and also file complaints against the actions (inaction) and decisions of the investigator, the head of the inquiry unit, the head of the agency inquiry, inquiry body, investigator, head of the investigative body in the manner established by Chapter 16 of this Code. Participants in the verification of a crime report may be warned about the non-disclosure of data from pre-trial proceedings in the manner established by Article 161 of this Code. If necessary, the safety of a participant in pre-trial proceedings is ensured in the manner established by part nine of Article 166 of this Code, including when receiving a report of a crime.

1.2. Information obtained during the verification of a crime report may be used as evidence, subject to the provisions of articles of this Code. If, after the initiation of a criminal case, the defense or the victim submit a request for an additional or repeated forensic examination, then such a request must be granted.

. According to a report of a crime disseminated in the media, the inspection is carried out on behalf of the prosecutor by the inquiry body, as well as on behalf of the head of the investigative body by the investigator. The editorial office and the editor-in-chief of the relevant mass media are obliged to hand over, at the request of the prosecutor, investigator or body of inquiry, the documents and materials at the disposal of the relevant mass media confirming the report of a crime, as well as information about the person who provided the specified information, except in cases where this the person set a condition to keep the source of information secret.

. The head of the investigative body, the head of the inquiry body has the right, at the motivated request of the investigator or interrogating officer, respectively, to extend the period established by part one of this article to 10 days. If it is necessary to carry out documentary checks, audits, forensic examinations, studies of documents, objects, corpses, as well as conduct operational search activities, the head of the investigative body at the request of the investigator, and the prosecutor at the request of the investigator, has the right to extend this period to 30 days with mandatory indication of specific, the actual circumstances that served as the basis for such an extension.

. The applicant is issued a document confirming the acceptance of a crime report indicating information about the person who received it, as well as the date and time of its acceptance.

. A refusal to accept a report of a crime may be appealed to the prosecutor or to the court in the manner established by Articles 124 and 125 of this Code.

. The application of the victim or his legal representative in criminal cases of private prosecution, submitted to the court, is considered by the judge in accordance with Article 318 of this Code. In the cases provided for in part four of Article 147 of this Code, verification of a crime report is carried out in accordance with the rules established by this article.

. When a message about crimes under Articles 198 - 199.1 of the Criminal Code of the Russian Federation is received from the body of inquiry, the investigator, in the absence of grounds for refusing to initiate a criminal case, within no later than three days from the date of receipt of such a message, sends it to a higher tax authority in relation to the tax authority with which the taxpayer is registered with the tax authorities (tax agent, fee payer, insurance premium payer), or upon receipt of a message from the inquiry body about crimes provided for in Articles 199.3 and 199.4 of the Criminal Code of the Russian Federation - to the territorial body of the insurer in which they are registered registration of an insured - an individual or an insured organization who is obliged to pay insurance premiums for compulsory social insurance against accidents at work and occupational diseases to a state extra-budgetary fund (hereinafter in this article - the insured), a copy of such a message with the attachment of relevant documents and a preliminary calculation the estimated amount of arrears on taxes, fees and (or) insurance premiums.

. Based on the results of consideration of the materials sent by the investigator in the manner established by part seven of this article, the tax authority or the territorial body of the insurer, no later than 15 days from the date of receipt of such materials:

• 1) sends to the investigator a conclusion on violation of the legislation of the Russian Federation on taxes and fees and (or) the legislation of the Russian Federation on compulsory social insurance against accidents at work and occupational diseases and on the correctness of the preliminary calculation of the amount of the alleged arrears on taxes, fees and (or) insurance contributions in the event that the circumstances specified in the report of the crime were the subject of investigation during a previously appointed tax audit or verification of the correctness of calculation, timeliness and completeness of payment (transfer) of insurance contributions for compulsory social insurance against industrial accidents and occupational diseases, according to the results of which resulted in an effective decision of the tax authority or territorial body of the insurer, as well as information on appealing or suspending the execution of such a decision;
• 2) informs the investigator that a tax audit or verification of the correctness of calculation, timeliness and completeness of payment (transfer) of insurance contributions for compulsory social insurance against industrial accidents is being carried out in relation to the taxpayer (tax agent, fee payer, insurance premium payer) or the insurer and occupational diseases, based on the results of which a decision has not yet been made or has not entered into legal force;
• 3) informs the investigator about the absence of information about a violation of the legislation of the Russian Federation on taxes and fees and (or) the legislation of the Russian Federation on compulsory social insurance against industrial accidents and occupational diseases if the circumstances specified in the report of the crime were not the subject of investigation when conducting a tax audit or checking the correctness of calculation, timeliness and completeness of payment (transfer) of insurance contributions for compulsory social insurance against industrial accidents and occupational diseases.

. After receiving the conclusion of the tax authority or the territorial body of the insurer, but no later than 30 days from the receipt of the report of the crime, based on the results of consideration of this conclusion by the investigator, a procedural decision must be made. A criminal case for crimes provided for in Articles 198 - 199.1, 199.3, 199.4 of the Criminal Code of the Russian Federation may be initiated by the investigator before receiving from the tax authority or territorial body of the insurer the conclusion or information provided for in part eight of this article, if there is a reason and sufficient data indicating for signs of a crime.

The essence of the articles

Article 144 of the Code of Criminal Procedure of the Russian Federation defines the procedure for considering incoming information. In particular, the following questions about the algorithm for considering incoming reports of offenses are reflected:

• a list of authorized persons who receive information about any crimes and consider them;
• the period during which the inspection must be carried out is three days under Part 1 of Article of the Code of Criminal Procedure;
• actions of the person who received the message about the crime;
• the need for non-disclosure of information and ensuring the safety of a participant in procedural actions;
• the possibility of using the obtained data as evidence in the case;
• regulation of the issue of media dissemination of information about a crime (transfer of materials to investigators);
• situations where it is possible to increase the period for consideration of an application for an offense.

Article 145 of the Code of Criminal Procedure describes possible decisions taken based on the results of checking the received message.

Last changes

In 2022, amendments were made to Article 144 of the Code of Criminal Procedure of the Russian Federation, which defines the nuances of considering allegations of a crime. Thus, parts 7-9 were presented in a new edition.

The seventh part of the article describes in detail the procedure for responding to messages from the investigative body about crimes in the field of tax legislation. Part 8 provides an algorithm for the actions of the tax inspectorate or the territorial organization of the insurer after receiving a notice. And the last part talks about procedural decisions that are taken by the investigator within 30 days. based on the results of consideration of a report of a crime committed.

Comments

The comments to Article 144 of the Code of Criminal Procedure of the Russian Federation indicate that if the requirements for considering a report of a crime (anonymous source, reported by telephone, etc.) are not met, in cases where there is a likelihood of an offense occurring, it is registered in a special journal.

Participants in procedural proceedings, in accordance with Article 144 of the Code of Criminal Procedure, are explained their rights and obligations. Important rights affecting the interests of persons during procedural actions include the following:

• the right not to give incriminating evidence against relatives and oneself;
• complain about the actions of law enforcement agencies considering notices and other procedural actions under the article of the Code of Criminal Procedure;
• use the help of a lawyer.

If a person whose report of a crime is under consideration is not provided with a lawyer, then all his explanations are considered to have been obtained illegally. They cannot subsequently be used as evidence. The information that the authorized bodies receive after the opening of a criminal case is verified. If the defense attorney or the victim doubts this data, an additional examination may be ordered.

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Possible decisions based on the result of consideration of a report of a crime, specified in Article 145, are described in detail in Chapter 20 of the Code of Criminal Procedure.

Features of assessment activities

The number of persons who are authorized to receive and evaluate reports of crimes (committed or just being prepared) under the article of the Code of Criminal Procedure includes:

• investigator;
• head of the investigative agency;
• official of the inquiry service.

Persons who have received reports of a crime have a number of powers when considering them, described in part one of Article 144 of the Code of Criminal Procedure:

• receive explanations and various samples for research;
• demand items and documents;
• make a seizure;
• appoint an examination and participate in it, receive expert opinions;
• examine documents;
• examine the body and the scene of the incident;
• attract specialists, etc.

They must warn participants in investigative actions (if required) about the non-disclosure of the information received. If required, the safety of the participant is ensured. Information obtained from a crime report can later be used as evidence when examined.

When a crime is reported to the media, at the request of the authorized bodies, the editorial office is obliged to release all materials and documentation, as well as provide information about the person who gave the notification, unless he considered it necessary to remain anonymous (Part 2 of Article 144 of the Code of Criminal Procedure).

The period for considering a crime report (three days) specified in Article 144 of the Code of Criminal Procedure is extended to 10 days, and in cases where it is necessary to carry out all kinds of checks and activities by operational officers - to one month (the reasons for the extension must be indicated).

The person who reported the crime receives a document stating that the application has been accepted for consideration, indicating who accepted it, the date and time. A refusal to accept a notice can be appealed to the prosecutor or in court. The sixth part of Article 144 of the Code of Criminal Procedure of the Russian Federation regulates the issue of receiving an application in cases of private prosecution.

Another comment on Art. 145 of the Criminal Code of the Russian Federation

1. The victim is a pregnant woman or a woman who has at least one child under the age of three.

2. The objective side is characterized by an unjustified refusal to conclude an employment contract with the victim or an unjustified termination of the employment contract with the victim. Refusal to conclude an employment contract and termination of an employment contract with the victim become unjustified when they are caused by reasons related to pregnancy or the presence of a child under three years of age, and not other considerations of the employer.

Criminal liability under Art. 145 of the Criminal Code of the Russian Federation is not excluded in the case when the dismissal of a woman (termination of an employment contract) occurs not at the initiative of the employer, but by agreement of the parties, the initiative of the employee or other circumstances known to labor law, however, all these circumstances are artificially created by a person who does not want to have as an employee, a pregnant woman or a woman with a child under three years of age.

3. Special subject: an individual who is an employer, or an individual authorized on behalf of a legal entity to enter into and terminate an employment contract.

Commentary on Article 145 of the Criminal Code of the Russian Federation

1. The social danger of a crime lies in the violation of the right to freely dispose of one’s ability to work (Article 37 of the Constitution of the Russian Federation), equality of citizens before the law and the court (Article 19 of the Constitution), guarantees of protection of motherhood and childhood (Article 38 of the Constitution). Unreasonable refusal to conclude an employment contract is prohibited. Any direct or indirect restriction of rights or the establishment of direct or indirect advantages when concluding an employment contract depending on gender, race, skin color, nationality, language, origin, property, social and official status, place of residence (including the presence or lack of registration at the place of residence or stay), as well as other circumstances not related to the business qualities of employees, are not allowed, except in cases provided for by federal law. It is prohibited to refuse to conclude an employment contract to women for reasons related to pregnancy or the presence of children (see Article 64 of the Labor Code).

The article under comment consists of one part, which provides for socially dangerous acts that fall into the category of crimes of minor gravity.

1.1. The main object of the criminal attack is social relations arising regarding the exercise by pregnant women and women with children under three years of age of the constitutional right to work. An optional object may be the honor and dignity of a woman.

2. The objective side of the crime is expressed in the unjustified refusal to hire or unjustified dismissal from work of a pregnant woman or a woman with children under the age of three <1>. ——————————— <1> It is enough for a woman to have at least one child under three years of age. Note scientific ed.

2.1. A refusal to hire a pregnant woman or a woman with children under three years of age is unjustified if the employer announced the hiring of workers and at the same time refused to conclude an employment contract for a pregnant woman or a woman with children under three years of age, which, in terms of its business qualities, legally established requirements and criteria, corresponds to the proposed work.

2.2. The dismissal of a pregnant woman at the initiative of the employer is unjustified in all cases, with the exception of the liquidation of the organization (see Part 1 of Article 261 of the Labor Code).

If a fixed-term employment contract expires, the dismissal of a pregnant woman at the initiative of the employer is unjustified if it is carried out before the pregnant woman has the right to maternity leave (Part 2 of Article 261 of the Labor Code).

The dismissal of a woman with children under three years of age at the initiative of the employer is unjustified in cases where such dismissal was not carried out on the grounds provided for in clause 1, sub-clause. “a” clause 3, clause 5 - 8, 10 and 11 art. 81 of the Labor Code (see Part 3 of Article 261 of the Labor Code).

3. The corpus delicti is formal in design. The crime is completed (by the elements) at the moment of committing the actions specified in the disposition of the comment. articles.

4. From the subjective side, the crime is characterized by guilt in the form of direct intent. A mandatory feature of the subjective side is motive. Penalty for an unreasonable refusal to hire or unjustified dismissal from work of a pregnant woman or a woman with children under three years of age occurs only if these acts were committed due to the woman’s pregnancy or the presence of children under three years of age. .

5. A special subject of a criminal attack is the person who makes the decision to conclude an employment contract.