Everything about criminal cases
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Rights of the head of the investigative body
- Part 1 39 Code of Criminal Procedure
powers of the head of the investigative body:
- clause 1 part 1 39 Code of Criminal Procedure
entrusts the investigation to a specific investigator
- clause 1 part 1 39 Code of Criminal Procedure
withdraws the case from one investigator and transfers it to another
- clause 1 part 1 39 Code of Criminal Procedure
creates a group of investigators
- clause 2 part 1 39 Code of Criminal Procedure
checks crime report verification materials
— clause 2.1 part 1 39 Code of Criminal Procedure
cancels the investigator's decisions
— clause 3, part 1, 39 Code of Criminal Procedure
gives the investigator instructions
Manager's consent required
:
— clause 4 part 1 39 Code of Criminal Procedure
gives permission for preventive measures
— clause 4 part 1 39 Code of Criminal Procedure
gives permission for actions requiring court approval
- clause 8 part 1 39 Code of Criminal Procedure
extends the period of preliminary investigation
— clause 9, part 1, 39 Code of Criminal Procedure
approves the investigator's decision to terminate the case
— clause 10 part 1 39 Code of Criminal Procedure
gives consent to appeal the return of the case (
Part 4 221 of the Code of Criminal Procedure
)
Other powers of the manager
:
— clause 4 part 1 39 Code of Criminal Procedure
may interrogate without accepting the case for his proceedings
— clause 5 part 1 39 Code of Criminal Procedure
makes decisions on challenges submitted to the investigator
— clause 6, part 1, 39 Code of Criminal Procedure
dismisses an investigator in case of violation of the Code of Criminal Procedure
- clause 7, part 1 39 of the Code of Criminal Procedure
cancels the decisions of the subordinate head of the CO
- clause 7.1 part 1 39 Code of Criminal Procedure
petitions the court to cancel the termination after 1 year
- clause 11 part 1 39 Code of Criminal Procedure
returns the case (instead of approval of
Part 6 220 of the Code of Criminal Procedure
)
— clause 12 part 1 39 Code of Criminal Procedure
exercises other powers
- Part 2 39 Code of Criminal Procedure
the head of the investigation agency has the right to initiate and investigate a case himself
Instructions to the investigator
- Part 3 39 Code of Criminal Procedure
gives mandatory instructions to the investigator
- Part 3 39 Code of Criminal Procedure
the investigator has the right to object to the instructions of the head of the investigation
- Part 4 39 Code of Criminal Procedure
consideration by the head of the investigation department of the prosecutor's demands
- Part 5 39 Code of Criminal Procedure
CO managers at different levels
ERRORS when transferring cases
Transfer of the case
to another investigator - the possibility of an error, how to find it
Article 39 of the Code of Criminal Procedure. Head of the investigative body
1) the head of the investigative agency is authorized to:
1). entrust the conduct of the preliminary investigation to an investigator or several investigators,
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ERRORS when transferring cases
Transfer of the case
to another investigator - the possibility of an error, how to find it
- and also to confiscate the criminal case from the investigator and transfer it to another investigator with the obligatory indication of the grounds for such transfer,
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- Part 2 163 Code of Criminal Procedure
creation of an investigation team
create an investigative group, change its composition, or accept a criminal case for its proceedings;
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- part 1 145 of the Code of Criminal Procedure
decisions based on the results of checking a criminal complaint
2).
check the materials of verification of a crime report or materials of a criminal case, cancel illegal or unfounded decisions of the investigator;
2.1). cancel illegal or unfounded decisions of the head, investigator (inquiry officer) of another preliminary investigation body in criminal cases being processed by a subordinate investigative body;
3). give the investigator instructions about:
- direction of investigation,
- carrying out individual investigative actions,
- implicating a person as an accused,
- on the selection of a preventive measure against the suspect or accused,
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- clause 5 part 2 171 Code of Criminal Procedure
qualification is a specific article of the Criminal Code
- on the qualification of the crime,
- and about the scope of the charges,
- personally review reports of a crime, participate in checking reports of a crime;
4). give consent to the investigator to:
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Only the head of the investigation team
- clause 7, part 4 163 Code of Criminal Procedure
requests for a preventive measure - only the group leader
- P.
Plenum No. 19 the right to petition is only with the group leader
— clause 24
Plenum No. 41 detention - only by the group leader
- filing a petition before the court for the election, extension, cancellation or change of a preventive measure,
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— Part 2 29 Code of Criminal Procedure
exclusive rights of the court in the pre-trial stage
- or about the performance of another procedural action that is permitted on the basis of a court decision,
- personally interrogate the suspect or accused without taking over the criminal case when considering the issue of giving consent to the investigator to initiate the said petition before the court;
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- Part 1 67 Code of Criminal Procedure
the investigator is challenged by the head of the investigation
5). allow challenges filed to the investigator, as well as his self-recusations;
6). remove the investigator from further investigation if he violates the requirements of the Criminal Procedure Code;
7). cancel illegal or unfounded decisions of the lower-ranking head of the investigative body in the manner established by the Criminal Procedure Code;
7.1) file a petition with the court for permission to cancel the decision to terminate a criminal case or criminal prosecution in the case provided for in Part 1.1 214 of the Code of Criminal Procedure;
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- Part 4 162 Code of Criminal Procedure
extension of the investigation period by the head of the investigation (3 months)
- Part 5 162 Code of Criminal Procedure
extension of the investigation period to 12 months
- Part 5 162 Code of Criminal Procedure
extension of the investigation period beyond 12 months
8). extend the period of preliminary investigation;
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- part 1 213 of the Code of Criminal Procedure
decision to terminate the case at the investigation stage
9). approve the investigator’s decision to terminate criminal proceedings,
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- Part 3 11 Code of Criminal Procedure
security measures for participants in the process
— as well as on the implementation of state protection;
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- clause 5 part 2 38 Code of Criminal Procedure
the investigator's right to appeal the return of the case from the prosecutor
10). give consent to the investigator who conducted the preliminary investigation in a criminal case to appeal, in the manner prescribed by Part 4 221 of the Code of Criminal Procedure, the prosecutor’s decision made in accordance with Section 2 Part 1 221 of the Code of Criminal Procedure;
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- Part 6 220 Code of Criminal Procedure
approval by the head of the investigation department of sending the case to the prosecutor
eleven). return the criminal case to the investigator with his instructions to conduct an additional investigation;
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Other powers of the SO head
(in addition to those specified in Article
39 of the Code of Criminal Procedure
)
- Part 1.1 148 Code of Criminal Procedure
denial of prosecution to the prosecutor - with the consent of the head of the investigation
- Part 3 153 Code of Criminal Procedure
connection of investigator's cases by decision of the head of the investigation
- Part 4 162 Code of Criminal Procedure
extension of the investigation period by the head of the investigation
- Part 2 163 Code of Criminal Procedure
creation of an investigation team
- Part 6 220 Code of Criminal Procedure
endorsement of the indictment by the head of the investigation
12). exercise other powers provided for by the Criminal Procedure Code.
2) The head of the investigative body has the right:
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— Chapter 20
Code of Criminal Procedure - procedure for initiating a criminal case
— initiate a criminal case in the manner established by
the Code of Criminal Procedure,
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- P.
Plenum No. 19, the head of the CO does not need the consent of a superior
- accept the criminal case for its proceedings and carry out a preliminary investigation in full, while having the powers of an investigator or head of an investigative team.
3) The instructions of the head of the investigative body in a criminal case are given in writing and are mandatory for execution by the investigator.
The instructions of the head of the investigative body may be appealed by him to the head of a higher investigative body.
Appealing instructions does not suspend their execution, except in cases where the instructions relate to:
- confiscation of the criminal case and transferring it to another investigator,
- implicating a person as an accused,
- qualification of the crime, scope of the charge,
- selection of a preventive measure,
- carrying out investigative actions that are allowed only by court decision,
— as well as sending the case to court or its termination.
In this case, the investigator has the right to submit to the head of a higher investigative body the materials of the criminal case and written objections to the instructions of the head of the investigative body.
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- Part 6 37 Code of Criminal Procedure
scheme for resolving a dispute between an investigative body and a prosecutor
- Part 4 221 Code of Criminal Procedure
appeal by the investigator against the return of the case by the prosecutor
4) The head of the investigative body shall consider, within no later than 5 days, the prosecutor’s demands to cancel the investigator’s illegal or unfounded decision and eliminate other violations of federal legislation committed during pre-trial proceedings, as well as the investigator’s written objections to these demands:
- and informs the prosecutor about the cancellation of the illegal or unfounded decision of the investigator and the elimination of the violations committed;
- or issues a reasoned resolution of disagreement with the prosecutor’s demands, which is sent to the prosecutor within 5 days.
5) The powers of the head of the investigative body provided for by this article are exercised by the Chairman of the Investigative Committee, heads of investigative bodies of the Investigative Committee in the constituent entities of the Russian Federation, in districts, cities, their deputies, as well as heads of investigative bodies of the relevant federal executive bodies (under the relevant federal executive bodies ), their territorial bodies in constituent entities of the Russian Federation, in districts, cities, their deputies, other heads of investigative bodies and their deputies, the scope of procedural powers of which is established by the Chairman of the Investigative Committee, heads of investigative bodies of the relevant federal executive bodies (under the relevant federal executive bodies) .
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What is an investigative body
This structure is part of the centralized system of the Investigative Committee of the Russian Federation. It is divided by subjects of the country, regions, cities, etc. The responsibilities of these government organizations include investigating crimes of varying severity and identifying offenders.
At the same time, department employees are obliged to guarantee to all participants in criminal proceedings the observance of their rights and freedoms, which are guaranteed to them by the Constitution of the Russian Federation and other regulatory legal acts.
However, these bodies are not supervisory and do not have the right to resolve civil or administrative disputes . Also, their functions do not include supervision of the activities of other structures. Therefore, you should not go there with complaints about the inaction of employees from other bodies or their improper performance of their immediate duties.
Authority's jurisdiction
All investigative bodies are part of the Investigative Committee of the Russian Federation . This is a federal body that exercises its powers in the field of criminal proceedings, in accordance with the legislation of the Russian Federation.
The functions of the RF IC include:
- pre-investigation checks on crimes reported there;
- preliminary investigation of offenses;
- forensic support for crime investigations;
- forensic activity;
- control over the process, checking the activities of investigative bodies, etc.
Who is the head of the investigative agency?
The head of the investigative agency is authorized to monitor the work of the entire institution and manage the investigation of all crimes. This is the official who heads this department, as well as his deputy, in accordance with paragraph 18 of Art. 5 Code of Criminal Procedure of the Russian Federation.
According to Part 1 of Art. 39 of the Code of Criminal Procedure of the Russian Federation, the head of the investigative body is obliged to perform certain functions in the production of various offenses. Below we will talk in more detail about what rights and responsibilities he has. His powers are listed in Art. 39 and 163 of the Code of Criminal Procedure of the Russian Federation.
Responsibility for failure to fulfill duties
If the head of this department does not fulfill his duties or does nothing on any matter, he will be held accountable under Art. 293 of the Criminal Code of the Russian Federation, which interprets such a crime on the part of officials as negligence .
Under this article, punishments such as a fine, correctional or compulsory labor, arrest, a ban on holding certain positions or carrying out certain types of activities may be imposed .
How and where to complain
If you want to complain about the head of this department, you should contact the central office of the RF IC . To do this, you need to either make an appointment with the head of the main department of the RF IC, or submit a complaint to the reception, or send it by registered mail.
You should draw up a complaint against the head of the investigative body according to the sample and indicate in it the essence of the complaint with a detailed description of illegal actions or inaction of officials.
