Article 156. Start of preliminary investigation

1. The preliminary investigation begins from the moment of initiation of a criminal case, about which the investigator, inquiry officer, or investigative body makes a corresponding decision. In the resolution, the investigator or interrogating officer also indicates that he has accepted the criminal case for his proceedings.

2. If an investigator or inquiry officer is entrusted with the proceedings of an already initiated criminal case, then he issues a resolution to accept it for his proceedings, a copy of which is sent to the prosecutor within 24 hours from the date of its issuance.

Commentary on Article 156 of the Code of Criminal Procedure of the Russian Federation

1. A preliminary investigation as a compulsory procedural activity begins from the moment a decision is made to initiate a case, at which, in accordance with the requirements of Part 2 of Art. 146 of the Code of Criminal Procedure, in addition to the date, the time of its issuance must be indicated.

2. The investigation of a case by a person who did not accept it for his proceedings is a significant violation of the criminal procedural law and entails the insignificance of the results obtained (Part 3 of Article 7). According to the procedural law, there must be an act indicating the termination of the powers of a particular investigator or inquiry officer to conduct proceedings in a given case. Such an act should be considered a resolution on sending the case to the prosecutor or the head of the investigation department for transfer according to jurisdiction, transferring the case to another investigator or interrogating officer (which must be in writing) or a resolution on accepting the case for proceedings by another investigator or interrogating officer. Otherwise, in one case there may be several persons authorized to conduct an investigation who are not registered as an investigative group.

Structure of Article 150 of the Criminal Procedure Code

The Code of Criminal Procedure of the Russian Federation is the most amendable of those existing at the moment. Fundamental concepts for preliminary investigation are regulated by Article 150 of the Code of Criminal Procedure of the Russian Federation. Being a link in Chapter 21 of the specified set of norms, it regulates the main provisions of the mentioned action. The latest edits were made on December 18, 2001.

In the current edition, it has the following content:

• In the first part of this article, two forms are highlighted - inquiry and preliminary investigation. Clause 1.1.part 1. establishes a general or abbreviated procedure for carrying out the first. Their essence is revealed further;
• Part 2.Article 150 states that “preliminary investigation is mandatory” for most criminal cases. In addition to those acts specified in the next paragraph;
• the third part gives an exact list of things that need to be investigated. They do not pose a great social danger;
• the conclusion indicates the possibility of transferring the case from inquiry to investigative actions. This need may arise if, during the first trial, new circumstances are discovered that influence the severity of the offense to a greater extent. Under these conditions, qualifications, the level of public danger and the severity of the punishment change.

Failure to comply with the rules unconditionally becomes the reason for the termination of the criminal case and the closure of legal proceedings. For the correct interpretation of the norms, it is not prohibited to refer to the comments. Here it is worth choosing the most trusted sources so as not to be misled.

To obtain up-to-date information on issues of interest, Internet sites and services are a convenient way. A popular service for searching information is “Consultant Plus”. For an active user, it is the first cheat sheet and guide to Russian legal norms.

Another comment on Article 156 of the Code of Criminal Procedure of the Russian Federation

1. A preliminary investigation is carried out only after the initiation of a criminal case. As a general rule, investigative actions are not allowed before a criminal case is initiated. On the possibility of carrying out certain investigative actions (as an exception), see Art. 146 and 176 Code of Criminal Procedure.

2. Initiation of a criminal case means the beginning of proceedings at the stage of preliminary investigation, regardless of whether the investigator or interrogator accepts the criminal case for his proceedings. The period of preliminary investigation in accordance with Art. 162 and 223 of the Code of Criminal Procedure is always calculated from the moment the decision to initiate a criminal case is made.

3. The investigator and interrogating officer initiate criminal cases within the limits of their competence, determined by Art. 151 Code of Criminal Procedure. A criminal case for conducting a preliminary investigation can be transferred to them by the prosecutor or, accordingly, the head of the investigative unit, the head of the inquiry body.

4. An investigator or inquiry officer is obliged to immediately begin an investigation into a case initiated by him or transferred to him, having accepted it for his proceedings.

5. The investigator or interrogating officer accepts a criminal case for his proceedings by issuing a resolution. Carrying out investigative actions by an investigator or interrogating officer in a criminal case without issuing a resolution to accept the case for its proceedings is a violation of the criminal procedure law, entailing the consequences provided for in Part 3 of Art. 7 Code of Criminal Procedure.

Inquiry and investigation as forms of preliminary investigation

As stated earlier, this stage of the criminal process can occur in several forms.
It is necessary to study their features in more detail. Inquiry, as a simplified type of pre-trial investigation, is:

1. Full.
2. Abbreviated.

Conducted by an inquiry officer or an investigator. The main difference between this procedural action, as a separate form, is the short deadlines and quick preparation for legal proceedings. The period for conducting an abbreviated investigation must fit within strict limits - this is 15 days from the date of issuance of the act on the conduct of these actions. It is possible for the prosecutor to extend this time for another 5 days. The full form is carried out over a period of 30 days; in case of urgent need, it can be extended by six months. In extreme situations – up to 12 months.

Another form of investigation mentioned in the code is urgent investigative actions. The definition means the need for rapid response. They are aimed at the instant elimination of a criminal act, its disclosure; delay here can lead to the loss of evidence and other bases necessary for disclosure. The new Code of Criminal Procedure does not explain exactly what actions are understood as operational, but only gives their concept. The investigator is obliged to provide the prosecutor with all received data within 10 days after the operational actions.

The subjects of execution are only employees of the structures specified in Article 151 of the Code of Criminal Procedure, the Investigative Committee of the Russian Federation and drug control. Jurisdiction is outlined in more detail in Part 3 of Article 151 of the said code.

The peculiarity of conducting an inquiry is the low risk of misconduct. The maximum punishment for this category of crimes does not exceed 5 years.

This method of investigation is possible in cases of private prosecution, provided that they are initiated by police investigators, and the victim does not have the opportunity to represent his rights and interests.

The preliminary investigation is more serious in its conduct. Like any procedural action, it has its own circle of subjects, procedure and deadlines.

Here it should not exceed two months. In some special cases, an extension for another month is not prohibited. The time after the decision to initiate a case is approved, sent to the prosecutor, or to the judicial authority is included in the previously agreed upon period. The time for filing and considering a complaint against a decision made by the prosecutor or to suspend the process does not count towards the deadline.

If difficulties arise during the investigation, and elimination of them is not possible in the near future, an extension of up to 12 months is possible, and, as an exception, even longer.

Basic rules for carrying out the actions under consideration:

1. Must be carried out based on an investigator’s act or a court decision.
2. A ban on work at night, except in situations that do not tolerate sedimentation.
3. Recourse to intimidation, physical pressure and other measures prohibited by law is impossible.
4. Rights and responsibilities are explained to all involved persons.
5. When using technical means, it is necessary to notify the participants in the process.
6. The need to keep a protocol.

Violation of the above points leads to the recognition of all information received as invalid, and punitive measures to be taken against the employee.

The subjects are investigators of the Investigative Committee at the Prosecutor's Office of the Russian Federation (Federal Laws dated 06/05/2007 N 87-FZ, dated 12/28/2010 N 404-FZ). The implementation of measures to clarify the circumstances of a criminal act is possible either by an individual investigator or by a whole group. It is documented by a separate act of expression of will or stipulated in a resolution. Depends on the seriousness of the case at hand. A leader stands out in the group. He is responsible for the decisions made and selects the necessary measures.

The latest edition strictly regulates those categories in relation to which an investigation should be carried out.
This includes misconduct by officials and minors. Also, a preliminary investigation is carried out in relation to individuals who acquired a mental health disorder during the implementation of malicious intent or after its implementation, which excludes the possibility of applying punishment in full or in part.

Article 151 of the Code of Criminal Procedure of the Russian Federation. Jurisdiction

1. The preliminary investigation is carried out by investigators and interrogators.
2. The preliminary investigation is carried out by: 1) investigators of the Investigative Committee of the Russian Federation - in criminal cases: a) about crimes provided for in Articles 105 - 110, 111 part four, 120, 126, 127 parts two and three, 127.1 parts two and three, 127.2 parts two and third, 128, 131 - 149, 170.1, 171.2, 185 - 185.6, 194, 198 - 199.2, 201, 204, 205 - 205.2, 208 - 212, 215, 215.1, 216, 217, 217.1, 2 27, 237 - 239 , 242.2, 246 - 249, 250 parts second and third, 251 parts second and third, 252 parts second and third, 254 parts second and third, 255, 263, 263.1, 269, 270, 271, 271.1, 279, 282 - 282.2 , 285 - 293, 294 parts two and three, 295, 296, 298.1 - 305, 317, 318, 320, 321, 328, 330.1, 332 - 354 and 356 - 360 of the 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, bodies for control of drug trafficking 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 or committed at the location of a unit, formation, institution , garrison, 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, 205, 205.1, 205.2, 208, 211, 217.1, 226.1, 229.1, 275 - 281, 283, 283.1, 284, 322 part two, 322.1 part second, 323 part two, 355 and 359 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, 127.1, 127.2, 150 parts second and third, 151 parts second and third, 158 parts second - fourth, 159 parts second - fourth, 159.1 parts second - fourth, 159.2 parts second - fourth, 159.3 parts second - fourth, 159.4 parts second and third, 159.5 parts second - fourth, 159.6 parts second - 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, 169, 171 parts second , 171.1 part two, 172, 173.1, 173.2, 174, 174.1, 175 part three, 176, 178, 179, 180 part three, 181 part two, 183, 184, 186, 187, 191 - 193, 195 - 197, 201 , 202, 205, 206, 208 - 210, 213 parts two, 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, 223 parts second and third , 225 - 227, 228 parts second and third, 228.1, 228.4, 229.1, 234 parts second and third, 235, 236, 240 parts second and third, 241 parts second and third, 242.1, 259, 260 parts second and third, 261 parts three and four, 264, 266 parts two and three, 267, 268 parts two and three, 272 - 274, 304, 313 parts two and three, 322.1 part two, 327 part two, 327.1 part two and 330 part two of the Criminal Code Russian Federation; 4) has become invalid. 5) investigators of authorities for control over the circulation of narcotic drugs and psychotropic substances - in criminal cases of crimes provided for in Articles 226.1 (as regards the smuggling of potent or toxic substances), 228 parts two and three, 228.1, 228.4, 229, 229.1, 230 parts two and three, 231 parts two, 232 parts two and three, 234 parts two and three of the Criminal Code of the Russian Federation.
3. The inquiry is carried out by: 1) 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 of this part; 2) has become invalid. 3) investigators of the border authorities of the federal security service - in criminal cases of crimes provided for in Articles 253 and 256 (in the part relating to the illegal extraction of aquatic animals and plants discovered by the border authorities of the federal security service), part one of Article 322 and part one of Article 323 of the Criminal Code Code of the Russian Federation; 4) investigators of the Federal Bailiff Service - 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; interrogators (investigators) of the authorities for control over the circulation of narcotic drugs and psychotropic substances - in criminal cases of crimes provided for in Articles 228 part one, 228.2, 228.3, 230 part one, 231 part one, 232 part one, 233, 234 parts one and four and 327 parts one and three of the Criminal Code of the Russian Federation.
4. In criminal cases of crimes provided for in Articles 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 of part two of this article are accused, a preliminary investigation is 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 - four, 159.1 parts two - four, 159.2 parts two - four, 159.3 parts two - four, 159.4 parts two and three, 159.5 parts two - fourth, 159.6 parts second - fourth, 160 parts second - fourth, 161 parts second and third, 162, 171 parts second, 171.1 part second, 172, 173.1, 173.2, 174, 174.1, 176, 183, 187, 190, 191, 192, 193, 195 - 197, 201, 202, 206, 208 - 210, 222 parts second and third, 226 parts second - fourth, 226.1, 228 parts second and third, 228.1, 228.4, 229.1, 239, 272 - 274, 282.1, 282.2, 308, 310, 327 part two and 327.1 part two of the Criminal Code of the Russian Federation, a preliminary investigation can also be carried out by investigators of the body that identified these crimes.
6. In criminal cases of crimes provided for in Articles 150, 285, 285.1, 285.2, 286, 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 criminal cases under investigation by different preliminary investigation bodies are combined 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.