New edition of Art. 151 Code of Criminal Procedure of the Russian Federation
1. The preliminary investigation is carried out by investigators and inquiry officers.
2. The preliminary investigation is carried out:
1) investigators of the Investigative Committee of the Russian Federation - in criminal cases:
a) about crimes provided for in articles 105-110.2, 111 parts four, 120, 126, 127 parts two and three, 127.1 parts two and three, 127.2 parts two and three, 128, 131-149, 151.2, 169, 170.1, 171.2 , 172.1, 172.3, 185-185.6, 194 parts three and four, 198-199.4, 200.4, 200.5, 200.6, 201, 201.1, 204, 204.1, 205-205.2, 205.3, 205.4, 205.5 , 207.1, 207.2, 208-212.1 , 215, 215.1, 215.3 parts two - fifth, 216 - 217.2, 227, 235.1, 236 parts three, 237, 238, 238.1, 239, 240.1, 242.1, 242.2, 243.4, 246-249, 250 parts two and third, 251 parts second and third, 252 parts second and third, 254 parts second and third, 255 parts first, 258.1 parts second, second.1, third and third.1, 263, 263.1, 270, 271, 271.1, 279, 282-282.3 , 284.1, 285 - 291.1, 292 - 293, 294 parts two and three, 295, 296, 298.1-305, 317, 318, 320, 321, 327.2, 328, 330.1, 330.2, 332-354.1 and 356 - 361 Criminal Code Russian Federation;
b) about crimes committed by persons specified in Article 447 of this Code, except for the cases provided for in paragraph 7 of part three of this article, as well as about crimes committed against these persons in connection with their professional activities;
c) about crimes committed by officials of the Investigative Committee of the Russian Federation, bodies of the federal security service, the Foreign Intelligence Service of the Russian Federation, the Federal Security Service of the Russian Federation, internal affairs bodies of the Russian Federation, institutions and bodies of the penal system, customs authorities of the Russian Federation, employees enforcement authorities of the Russian Federation, military personnel and citizens undergoing military training, civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies in connection with the performance of their official duties or committed at the location of a unit, formation, institution, garrison, for except for the cases provided for in paragraph 7 of part three of this article, as well as crimes committed against these persons in connection with their official activities;
d) about grave and especially grave crimes committed by minors and against minors;
2) investigators of the federal security service - in criminal cases of crimes provided for in Articles 189, 200.1, part two, 205, 205.1, 205.2, 205.3, 205.4, 205.5, 208, 211, 215.4, part two, paragraph “b”, 217.1, 226.1, 229.1, 274.1, 275 - 281, 283, 283.1, 284, 322 part three, 322.1 part two, 323 part two, 355, 359 and 361 of the Criminal Code of the Russian Federation;
3) investigators of the internal affairs bodies of the Russian Federation - in criminal cases of crimes provided for in articles 111 parts one - three, 113, 114, 117 parts two and three, 122 parts three and four, 123 parts three, 124, 124.1, 127.1, 127.2 , 150 parts second and third, 151 parts second and third, 158 parts second - fourth, 159 parts second - seventh, 159.1 parts second - fourth, 159.2 parts second - fourth, 159.3 parts second - fourth, 159.5 parts second - fourth, 159.6 parts two - fourth, 160 parts second - fourth, 161 parts second and third, 162, 163 parts second and third, 164, 165 parts second, 166 parts second - fourth, 167 parts second, 171 parts second, 171.1 parts first.1 , second, fourth and sixth, 171.3, 172, 172.2, 173.1, 173.2, 174, 174.1, 175 part three, 176, 178, 179, 180 parts third and fourth, 181 part second, 183, 184, 186, 187, 191 , 191.1 part three, 192, 193, 193.1, 195 - 197, 200.1 part two, 200.2 parts second and third, 200.3 part two, 201, 202, 205, 206, 207 parts second, third and fourth, 208 - 210.1, 212.1 , 213 parts second and third, 215.2, 215.3, 217.1, 219 parts second and third, 220 parts second and third, 221 parts second and third, 222 parts second and third, 222.1 parts second and third, 223 parts second and third, 223.1 , 225 - 227, 228 parts of the second and third, 228.1, 228.4, 229, 229.1, 230 parts of the second, third and fourth, 230.1 parts of the third, 230.2 parts of the second, 231 parts of the second, 232 parts of the second and third, 234 parts of the second and third , 234.1 parts second and third, 235, 236 parts first and second, 240 parts second and third, 241 parts second and third, 242 parts third, 243 parts second, 243.2 parts third, 243.3 parts second, 245 parts second, 255 parts second and third, 259, 260 parts second and third, 261 parts third and fourth, 264, 266 parts second and third, 267, 267.1, 268 parts second and third, 272 - 274, 304, 313 parts second and third, 322.1 part second , 325.1 part two, 327 part four, 327.1 parts two - six and 330 part two of the Criminal Code of the Russian Federation;
4) no longer in force on July 1, 2003;
5) has become invalid.
3. The inquiry is carried out:
1) by investigators of the internal affairs bodies of the Russian Federation - in all criminal cases specified in part three of Article 150 of this Code, with the exception of criminal cases specified in paragraphs 3-6, 9 of this part;
2) no longer in force on July 1, 2003;
3) investigators of the border authorities of the federal security service - in criminal cases of crimes provided for in part one of article 200.1, part one of article 200.2, article 256, parts one and one.1 of article 258.1, part one of article 322.1 of the Criminal Code of the Russian Federation, identified by federal authorities security services, as well as crimes provided for in Article 253, parts one and two of Article 322, part one of Article 323 of the Criminal Code of the Russian Federation;
4) investigators of the compulsory enforcement authorities of the Russian Federation - in criminal cases of crimes provided for in Articles 157 and 177, part one of Article 294, Article 297, part one of Article 311, Articles 312 and 315 of the Criminal Code of the Russian Federation;
5) has become invalid;
6) investigators of the state fire supervision authorities of the federal fire service - in criminal cases of crimes provided for in Article 168, part one of Article 219, parts one and two of Article 261 of the Criminal Code of the Russian Federation;
7) investigators of the Investigative Committee of the Russian Federation - in criminal cases of crimes provided for in part three of Article 150 of this Code, committed by persons specified in subparagraphs “b” and “c” of paragraph 1 of part two of this article;
no longer valid;
9) by investigators of the customs authorities of the Russian Federation - in criminal cases of crimes provided for in Articles 194 parts one and two, 200.1 part one of the Criminal Code of the Russian Federation, as well as crimes provided for in Article 200.2 part one of the Criminal Code of the Russian Federation, identified by the customs authorities of the Russian Federation .
4. In criminal cases of crimes provided for in Articles 215.4, part two, paragraph “b”, 275, 276, 283, 283.1 and 284 of the Criminal Code of the Russian Federation, for which the persons specified in subparagraph “c” of paragraph 1, part two of this article are accused , the preliminary investigation is carried out by investigators from the federal security service.
4.1. In criminal cases of crimes provided for in paragraph 2 of part two and part five of this article, identified by the federal security service, for which employees of the compulsory enforcement agencies of the Russian Federation are accused, a preliminary investigation may be carried out by investigators of the federal security service.
5. In criminal cases of crimes provided for in articles 146, 158 parts three and four, 159 parts two - seven, 159.1 parts two - four, 159.2 parts two - four, 159.3 parts two - four, 159.5 parts two - four, 159.6 parts two - four, 160 parts two - four, 161 parts two and three, 162, 171 parts two, 171.1 parts one.1, second, fourth and sixth, 172, 172.2, 173.1, 173.2, 174, 174.1, 176, 183, 187, 190, 191 parts four and five, 192, 193, 193.1, 194 parts one and two, 195 - 197, 200.1 parts one, 200.2, 201, 201.1, 202, 205.4, 205.5, 206, 207 parts three and fourth, 208 - 210.1, 215.4 part two, paragraph "a", 222 parts second and third, 222.1 parts second and third, 223 parts second and third, 223.1, 226 parts second - fourth, 226.1, 228 parts second and third, 228.1, 228.4, 229.1, 234.1 parts two and three, 239, 243 part two, 243.2 part three, 243.3 part two, 263.1, 272 - 274.1, 282.1 - 282.3, 284.1, 285, 285.4, 286, 308, 310, 327 part four and 327.1 parts two and four of the Criminal Code of the Russian Federation, a preliminary investigation can also be carried out by investigators of the body that revealed these crimes.
6. In criminal cases of crimes provided for in Articles 150, 205.6, 285.1, 285.2, 306 - 310, 311 part two, 316 and 320 of the Criminal Code of the Russian Federation, a preliminary investigation is carried out by investigators of the body to whose jurisdiction the crime relates, in connection with which initiated the corresponding criminal case.
7. When combining criminal cases under investigation by different preliminary investigation bodies in one proceeding, the jurisdiction is determined by the prosecutor in compliance with the jurisdiction established by this article.
8. Disputes about the jurisdiction of a criminal case are resolved by the prosecutor.
Instead of streamlining practice - new problems of jurisdiction?
On August 23, AG published news about a draft amendment to Art. submitted for public discussion. 151 of the Code of Criminal Procedure of the Russian Federation, according to which ICR investigators are given the right to conduct a preliminary investigation of criminal cases of crimes under Art. 125, 151 and 156 of the Criminal Code of the Russian Federation, if they are identified during the investigation of grave and especially grave crimes committed against minors. In addition, it is planned to include cases involving the involvement of a minor in the commission of a crime if this fact is revealed during the investigation of criminal cases referred by the prosecutor.
Criminal Procedure Code of the Russian Federation:
Article 151. Jurisdiction
1. The preliminary investigation is carried out by investigators and inquiry officers.
2. The preliminary investigation is carried out:
1) investigators of the Investigative Committee of the Russian Federation - in criminal cases:
a) about crimes provided for in articles 105 - 110.2, 111 parts four, 120, 126, 127 parts two and three, 127.1 parts two and three, 127.2 parts two and three, 128, 131 - 149, 151.2, 169, 170.1, 171.2 , 172.1, 172.3, 185 - 185.6, 194 parts three and four, 198 - 199.4, 200.4, 200.5, 200.6, 200.7, 201, 201.1, 204, 204.1, 205 - 205.2, 205.3, 20 5.4, 205.5, 207.1, 207.2, 208 - 212.1, 215, 215.1, 215.3 parts two - five, 216 - 217.2, 227, 235.1, 236 part three, 237, 238, 238.1, 239, 240.1, 242.1, 242.2, 243.4, 246 - 249, 250 parts two and three , 251 parts second and third, 252 parts second and third, 254 parts second and third, 255 parts first, 258.1 parts second, second.1, third and third.1, 263, 263.1, 270, 271, 271.1, 279, 282 - 282.3, 284.1, 285 - 291.1, 292 - 293, 294 parts two and three, 295, 296, 298.1 - 305, 317, 318, 320, 321, 327.2, 328, 330.1, 330.2, 332 - 354 .1 and 356 - 361 Criminal Code of the Russian Federation;
b) about crimes committed by persons specified in Article 447 of this Code, except for the cases provided for in paragraph 7 of part three of this article, as well as about crimes committed against these persons in connection with their professional activities;
c) about crimes committed by officials of the Investigative Committee of the Russian Federation, bodies of the federal security service, the Foreign Intelligence Service of the Russian Federation, the Federal Security Service of the Russian Federation, internal affairs bodies of the Russian Federation, institutions and bodies of the penal system, customs authorities of the Russian Federation, employees enforcement authorities of the Russian Federation, military personnel and citizens undergoing military training, civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies in connection with the performance of their official duties or committed at the location of a unit, formation, institution, garrison, for except for the cases provided for in paragraph 7 of part three of this article, as well as crimes committed against these persons in connection with their official activities;
d) about grave and especially grave crimes committed by minors and against minors;
2) investigators of the federal security service - in criminal cases of crimes provided for in Articles 189, 200.1, part two, 205, 205.1, 205.2, 205.3, 205.4, 205.5, 208, 211, 215.4, part two, paragraph “b”, 217.1, 226.1, 229.1, 274.1, 275 - 281, 283, 283.1, 284, 322 part three, 322.1 part two, 323 part two, 355, 359 and 361 of the Criminal Code of the Russian Federation;
3) investigators of the internal affairs bodies of the Russian Federation - in criminal cases of crimes provided for in articles 111 parts one - three, 113, 114, 117 parts two and three, 122 parts three and four, 123 parts three, 124, 124.1, 127.1, 127.2 , 150 parts second and third, 151 parts second and third, 158 parts second - fourth, 159 parts second - seventh, 159.1 parts second - fourth, 159.2 parts second - fourth, 159.3 parts second - fourth, 159.5 parts second - fourth, 159.6 parts two - fourth, 160 parts second - fourth, 161 parts second and third, 162, 163 parts second and third, 164, 165 parts second, 166 parts second - fourth, 167 parts second, 171 parts second, 171.1 parts first.1 , second, fourth and sixth, 171.3, 172, 172.2, 173.1, 173.2, 174, 174.1, 175 part three, 176, 178, 179, 180 parts third and fourth, 181 part second, 183, 184, 186, 187, 191 , 191.1 part three, 192, 193, 193.1, 195 - 197, 200.1 part two, 200.2 parts second and third, 200.3 part two, 201, 202, 205, 206, 207 parts second, third and fourth, 208 - 210.1, 212.1 , 213 parts second and third, 215.2, 217.1, 219 parts second and third, 220 parts second and third, 221 parts second and third, 222 parts second and third, 222.1 parts second and third, 223 parts second and third, 223.1, 225 - 227, 228 parts second and third, 228.1, 228.4, 229, 229.1, 230 parts second, third and fourth, 230.1 parts third, 230.2 parts second, 231 parts second, 232 parts second and third, 234 parts second and third, 234.1 parts second and third, 235, 236 parts first and second, 240 parts second and third, 241 parts second and third, 242 parts third, 243 parts second, 243.2 parts third, 243.3 parts second, 245 parts second, 255 parts second and third , 259, 260 parts two and three, 261 parts three and four, 264, 266 parts second and third, 267, 267.1, 268 parts second and third, 272 - 274, 304, 313 parts second and third, 322.1 part two, 325.1 part two, 327 part four, 327.1 parts two - six and 330 part two of the Criminal Code of the Russian Federation;
4) has become invalid. — Federal Law of June 30, 2003 N 86-FZ;
5) has become invalid. — Federal Law of July 3, 2016 N 329-FZ.
3. The inquiry is carried out:
1) by investigators of the internal affairs bodies of the Russian Federation - in all criminal cases specified in part three of Article 150 of this Code, with the exception of criminal cases specified in paragraphs 3 - 6, 9 of this part;
2) has become invalid. — Federal Law of June 30, 2003 N 86-FZ;
3) investigators of the border authorities of the federal security service - in criminal cases of crimes provided for in part one of article 200.1, part one of article 200.2, article 256, parts one and one.1 of article 258.1, part one of article 322.1 of the Criminal Code of the Russian Federation, identified by federal authorities security services, as well as crimes provided for in Article 253, parts one and two of Article 322, part one of Article 323 of the Criminal Code of the Russian Federation;
4) investigators of the compulsory enforcement authorities of the Russian Federation - in criminal cases of crimes provided for in Articles 157 and 177, part one of Article 294, Article 297, part one of Article 311, Articles 312 and 315 of the Criminal Code of the Russian Federation;
5) has become invalid. — Federal Law of December 7, 2011 N 420-FZ;
6) investigators of the state fire supervision authorities of the federal fire service - in criminal cases of crimes provided for in Article 168, part one of Article 219, parts one and two of Article 261 of the Criminal Code of the Russian Federation;
7) investigators of the Investigative Committee of the Russian Federation - in criminal cases of crimes provided for in part three of Article 150 of this Code, committed by persons specified in subparagraphs “b” and “c” of paragraph 1 of part two of this article;
lost its power. — Federal Law of July 3, 2016 N 329-FZ;
9) by investigators of the customs authorities of the Russian Federation - in criminal cases of crimes provided for in Articles 194 parts one and two, 200.1 part one of the Criminal Code of the Russian Federation, as well as crimes provided for in Article 200.2 part one of the Criminal Code of the Russian Federation, identified by the customs authorities of the Russian Federation .
4. In criminal cases of crimes provided for in Articles 215.4, part two, paragraph “b”, 275, 276, 283, 283.1 and 284 of the Criminal Code of the Russian Federation, for which the persons specified in subparagraph “c” of paragraph 1, part two of this article are accused , the preliminary investigation is carried out by investigators from the federal security service.
4.1. In criminal cases of crimes provided for in paragraph 2 of part two and part five of this article, identified by the federal security service, for which employees of the compulsory enforcement agencies of the Russian Federation are accused, a preliminary investigation may be carried out by investigators of the federal security service.
5. In criminal cases of crimes provided for in articles 146, 158 parts three and four, 159 parts two - seven, 159.1 parts two - four, 159.2 parts two - four, 159.3 parts two - four, 159.5 parts two - four, 159.6 parts second - fourth, 160 parts second - fourth, 161 parts second and third, 162, 171 parts second, 171.1 parts first.1, second, fourth and sixth, 172, 172.2, 173.1, 173.2, 174, 174.1, 176, 183, 187, 190, 191 parts four and five, 192, 193, 193.1, 194 parts one and two, 195 - 197, 200.1 parts one, 200.2, 201, 201.1, 202, 205.4, 205.5, 206, 207 parts three and four, 208 - 210.1, 215.4 part two paragraph "a", 222 parts second and third, 222.1 parts second and third, 223 parts second and third, 223.1, 226 parts second - fourth, 226.1, 228 parts second and third, 228.1, 228.4, 229.1, 234.1 parts two and three, 239, 243 part two, 243.2 part three, 243.3 part two, 263.1, 272 - 274.1, 282.1 - 282.3, 284.1, 285, 285.4, 286, 308, 310, 327 part four and 327.1 in parts of the second and fourth Criminal Code of the Russian Federation, a preliminary investigation can also be carried out by investigators of the body that revealed these crimes.
6. In criminal cases of crimes provided for in Articles 150, 205.6, 285.1, 285.2, 306 - 310, 311 part two, 316 and 320 of the Criminal Code of the Russian Federation, a preliminary investigation is carried out by investigators of the body to whose jurisdiction the crime relates, in connection with which initiated the corresponding criminal case.
7. When combining criminal cases under investigation by different preliminary investigation bodies in one proceeding, the jurisdiction is determined by the prosecutor in compliance with the jurisdiction established by this article.
8. Disputes about the jurisdiction of a criminal case are resolved by the prosecutor.
Return to the table of contents of the document: Criminal Procedure Code of the Russian Federation in the current edition
Commentary on Article 151 of the Code of Criminal Procedure of the Russian Federation
1. Jurisdiction is a set of signs of a crime (socially dangerous act), according to which its investigation in full falls within the competence of a strictly defined preliminary investigation body, a specific structural unit of the department (for example, not just the competence of the investigator, but the competence of the investigator of a military investigative body Investigative Committee of the Russian Federation).
2. It is generally accepted to distinguish the following types (signs) of investigative jurisdiction:
- subject or, in other words, generic;
- alternative (mixed);
— personal;
— territorial (on territorial jurisdiction, see commentary to Article 152 of the Code of Criminal Procedure of the Russian Federation);
— jurisdiction for connection of cases.
3. Subject matter jurisdiction is determined by features related to the qualification of the crime. Each crime is authorized to be investigated in full by a specific investigator or investigative body. Depending on what crime is suspected or clearly established to have been committed, it must be investigated by a strictly defined institution or official.
4. Subject jurisdiction is enshrined in Art. 150 of the Code of Criminal Procedure and the commented article
5. of the commented article determines for which crimes the preliminary investigation is carried out by investigators of the investigative bodies of the Investigative Committee of the Russian Federation, and for which - also by investigators of the federal security service, bodies for control of the circulation of narcotic drugs and psychotropic substances, and internal affairs bodies.
6. The commented article also defines the characteristics that constitute alternative and personal jurisdiction. Mixed (alternative) jurisdiction is characterized by the fact that the investigation of certain categories of crimes, depending on certain circumstances, may fall within the competence of either one or another body. For example, investigations into banditry, violations of copyright and related rights, and failure to return cultural property to the territory of the Russian Federation are under the jurisdiction of the preliminary investigation body that identified the crime.
7. The investigative body can also initiate a criminal case for crimes under investigation by investigators. However, mixed jurisdiction concerns only the preliminary investigation authorities. That is, the bodies of inquiry are not vested with the right to carry out a preliminary investigation into crimes provided for in Part 5 of Art. 151 Code of Criminal Procedure of Russia.
8. The elements of some crimes are objectively related to each other. It is advisable to carry out the investigation and judicial review of these simultaneously. To resolve this problem, investigative jurisdiction is provided for the connection of cases. Cases, for example, involving a minor in the commission of a crime, abuse of official powers, abuse of official powers, knowingly false denunciation and some other crimes listed in Part 6 of the commented article are investigated by the preliminary investigation body whose jurisdiction the crime relates to. , in connection with which a corresponding criminal case has been initiated.
9. Personal jurisdiction is a set of characteristics depending on which subject has committed or is believed to have committed a crime. For example, preliminary investigation is mandatory in all cases of crimes committed by officials of the Investigative Committee of the Russian Federation, bodies of the Federal Security Service, the Foreign Intelligence Service of the Russian Federation, the Federal Security Service of the Russian Federation, internal affairs bodies of the Russian Federation, institutions and bodies of the penal system, law enforcement agencies control over the circulation of narcotic drugs and psychotropic substances, customs authorities of the Russian Federation, military personnel and citizens undergoing military training, civilian personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies in connection with the performance of their official duties. Moreover, if a crime for which a preliminary investigation is not necessary in the usual manner is committed by these persons, the inquiry into it is carried out by an investigator of the investigative body of the Investigative Committee of the Russian Federation.
10. The decision to join criminal cases being processed by the investigator is made on the basis of a resolution of the head of the investigative body. The combination of criminal cases under investigation by the investigator is carried out on the basis of a decision of the prosecutor. The decision to join criminal cases of crimes under investigation by both the inquiry and preliminary investigation bodies is made by the head of the investigative body based on the decision of the prosecutor to determine the jurisdiction. If the preliminary investigation is carried out in the form of an inquiry, the said decision is made by the prosecutor. Moreover, if at least one of the joined cases required a preliminary investigation, neither the head of the investigative body nor the prosecutor can entrust the investigation of the combined case to the investigative body.
11. See also commentary to Art. Art. 37, 104, 150, 434, 447 Code of Criminal Procedure of Russia.
