Investigation of a criminal case in the form of an inquiry. Inquiry as a form of preliminary investigation. Characteristic features of the institute

Human activities are far from always legitimate. Very often people go beyond what is permitted. Such acts are called offenses because they effectively destroy the existing legal order in the state. Of course, the degree of damage public relations from of this kind actions can be completely different. It all depends on the severity of the act committed. At the same time, not only offenses are of great interest, but also the process of their identification and suppression.

IN Russian Federation this is done by special ones who are authorized to carry out certain activities by law. Type of offense in this case plays an important role. The form of the proceedings and the type of department that will directly implement it will depend on this factor.

As we know, the most dangerous offenses for society are criminal offenses. Such actions are prosecuted current legislation, and for their commission legal liability is provided in accordance with the sanctions of the Criminal Code of Russia. Proceedings on crimes, in turn, are carried out in the form of pre-trial investigation, which has two forms: investigation and inquiry. The latter type has its own characteristics and specific legal regulations.

Investigation. Concept

Proceedings for crimes are characterized by a number of specific specific aspects. The forms of this activity are elements of one institution - the investigation of crimes. In science, it is presented as a series of actions of authorized bodies carried out in order to obtain any information on committed socially dangerous acts.

In addition, the investigation is carried out to identify the conditions and causes of the crime, the persons who carried it out, as well as to apply measures to them. criminal liability... This kind of activity has been developing for many years in a row on the territory of the modern Russian Federation. Today, the investigation of crimes is carried out by representatives of the relevant law enforcement agencies of Russia in such forms as preliminary inquiry and investigation. It should be noted that both types have common and different features.

The difference between an inquiry and an investigation

So, we found out that inquiry is one of the elements or forms of crime investigation. However, there is such a concept as a consequence. Very often the inquiry and the investigation are confused with each other. To delimit the essence of the terms, it is necessary to understand their meaning.

First of all, one should take into account the fact that inquiry and investigation are forms of investigation of crimes. That is, in both cases we are talking about establishing factual data about the committed socially dangerous act. But there are some nuances. The main differentiating factor is severity committed crimes... In other words, the inquiry is carried out on acts of a small and moderate, and the investigation - on grave and especially grave.

Based on the results of each activity, its own document is drawn up. During an inquiry, we have an indictment, and during an investigation - closing indictment... Thus, the presented forms of activity are completely different. Therefore, inquiry and preliminary investigation must be understood and differentiated, since the degree of the measures applied legal responsibility in both cases it will be different.

Inquiry concept

When analyzing any phenomenon, it is necessary to take into account its significance. Indeed, it is in the concept that the main essence and possibilities of this or that activity are hidden. Thus, inquest is a form of investigation of crimes, as already mentioned above, the purpose of which is to carry out proceedings on the fact of commission of crimes of small and medium gravity.

It should be noted that given form investigation is known not only in the Russian Federation. It is actively used in many countries of Eastern Europe and the Middle East. In addition to its purely practical purpose, the institution of inquiry plays an important role for the scientific study of an investigation within the framework of domestic legislation.

Characteristic features of the institute

The implementation of the inquiry takes place in a strict procedural framework. At the same time, there is a specificity of this form of investigation, which manifests itself in several specific aspects, namely:

inquest is carried out only in cases in which there is a suspect;
an indictment is issued based on the results of the activity;
the inquiry takes place over thirty days;
the extension of the period for conducting the inquiry is allowed, but not more than thirty days;
the described form of investigation is implemented by different law enforcement, in which there is a department of inquiry.

The presented features fully reveal the specifics of the institute and its capabilities in the framework of the investigation of criminal offenses.

Inquiry forms

With all the simplicity of its regulation, the institution described in the article can be implemented in completely different ways. The implementation algorithm will depend on the form of inquiry. Today, there are several main forms, if we take into account the provisions of the current criminal procedure legislation:

Inquiry in full form.
Abbreviated inquiry.
Implementation of urgent investigative actions.

The latter form is the simplest when compared to the other two. Its essence lies in the fact that the bodies of inquiry after the implementation of the necessary investigative actions, the purpose of which is to fix the traces of a socially dangerous act. A feature of the form is the fact that after the implementation of the entire necessary activities the materials are transferred to the investigator. That is, this type of inquiry exists to ensure the investigation as a whole, in order to prevent the loss of any important information, etc.

Abbreviated form

Interesting enough is an inquiry of the abbreviated type. This kind procedural activity quite possible, if we take into account the provisions of domestic legislation. An abbreviated inquiry is a proceeding applicable in the event of the irrefutable and undeniable involvement of a particular person in a crime. This form exists to limit the irrational waste of funds and forces of the investigation authorities, which may arise as a result of the proceedings. In fact, an abbreviated inquiry is an opportunity to save time. But for the production of such a form, a number of mandatory points are required.

Production specifics

Inquiry in an abbreviated form is carried out only if there are certain grounds for this. Key production features are presented in chapter 32 (1) of the Russian Federation. It should be noted that the conditions listed in the law must be met without exception, namely:

a criminal case is initiated on the fact of a crime;
the suspect fully recognizes the act he has committed, the harm done to him, and also does not challenge the legal qualification;
there are no circumstances preventing the implementation of the inquiry.

Is of great importance last point... Its elements are presented in

Facts precluding an abbreviated inquiry

The presented norm, that is, Article 226 (2) of the CCP, contains a number of circumstances, the presence of which does not allow the implementation of a shortened form of inquiry. These points include the following:

the suspect is a minor;
there are grounds for the implementation of medical measures;
the person has committed several acts, one of which is undergoing preliminary investigation;
the suspect does not speak the language of the proceedings;
the victim objects to the shortened inquiry.

The presence of at least one of these features precludes a reduced inquiry procedure.

Reduced production procedure

There are several main features of conducting an inquiry in an abbreviated form, in addition to those previously presented:

in abbreviated form begins to be calculated from the moment the decision is made on the implementation of this type of production. In this case, the investigation period in this case is no more than fifteen days.
The scope of actions is limited to the most urgent and necessary, which fully prove the guilt of the offender and the amount of harm done to him.
In such a production in mandatory the defender is involved.
The punishment imposed by the court should not exceed half of the size or the most severe period provided for in the sanction of this or that article.

It should be noted that the inquiry in an abbreviated form can be terminated and resumed in the usual manner. This fact is the main guarantee of ensuring freedoms and human rights.

Bodies of preliminary inquiry

Not all bodies and their officials can implement the form of investigation described in the article. The list of subjects that have a department of inquiry in their structure is presented in article 40 of the Code of Criminal Procedure of the Russian Federation. According to its provisions, the authorized bodies are:

internal affairs bodies, as well as other law enforcement agencies that have the right to carry out operational-search activities;

federal Service bailiffs;
Military police of the RF Armed Forces, unit commanders, heads of military institutions;
State fire supervision;
sea captains;
heads of Arctic stations, heads of wintering grounds;
heads of consular and diplomatic missions.

Thus, exclusively the bodies presented above preliminary inquiry can implement the described form of investigation under certain conditions.

Professional holiday

The existence of interrogators in various bodies our state necessitated the creation of a special holiday. This can be called the Day of Inquiry. It is celebrated annually on the sixteenth of October. It is worth noting that this day celebrates the Inquiry of the Ministry of Internal Affairs and all other bodies, in the structure of which the corresponding departments are provided. This is a special holiday for them.

The day of inquiry largely proves the need for such activities and its significant role in the process of combating crime on the territory of the Russian Federation.

Inquiry is a simplified form preliminary investigation, carried out by an investigator in a criminal case, in which the production of a preliminary investigation is not mandatory of the Code of Criminal Procedure of the Russian Federation, clause 8 of article 5. Inquiry is carried out in criminal cases initiated against specific individuals suspected of committing crimes small and medium severity... Code of Criminal Procedure of the Russian Federation, clause 2, part 3, art. 150, part 2 of Art. 223

The procedural law does not allow the production of an inquiry in relation to specific persons who have committed acts prohibited by the criminal law in a state of insanity, as well as who have become mentally ill after the commission of a crime, which makes it impossible to impose a punishment or its execution. Code of Criminal Procedure of the Russian Federation Articles 433, 434 Since a preliminary investigation is mandatory in these cases, in cases where these circumstances are established during the inquiry, the criminal case should be sent to the prosecutor to determine the jurisdiction and transfer it to the investigator. Code of Criminal Procedure of the Russian Federation Art. 149

Inquiry in criminal cases about crimes committed by minors from July 1, 2002 (from the date of entry into force of the Criminal Procedure Code of the Russian Federation) should be carried out in general order taking into account additional requirements presented by Ch. 50 of the Code of Criminal Procedure of the Russian Federation (Proceedings in criminal cases against minors). But since during the investigation of this category of cases, by virtue of the requirements of paragraph 2 of Part 1 of Art. 421 of the Code of Criminal Procedure of the Russian Federation, it is necessary to clarify the level mental development and other features of the personality of a minor, for which the production of a forensic psychiatric examination is required, and the clarification of such circumstances does not fit into the time allotted by law for the production of an inquiry, a preliminary investigation is carried out.

Inquiry is in progress:

1) interrogators of the internal affairs bodies of the Russian Federation;
2) interrogators of the border agencies of the federal security service;
3) interrogators of the bodies of the Federal Bailiff Service;
4) interrogators customs authorities RF;
5) interrogators of bodies for control over the circulation of narcotic drugs and psychotropic substances;
6) Investigators of the Investigative Committee;
7) interrogators of the state fire supervision bodies of the federal fire service.

Inquiry is carried out within 30 days from the date of initiation of the criminal case. If necessary, this term can be extended by the prosecutor up to 30 days. IN necessary cases, including those related to production forensic examination, the stipulated period of inquiry may be extended by the prosecutors of the district, city, a military prosecutor equated to them and their deputies up to 6 months. In exceptional cases related to the execution of a request for legal aid, the period of inquiry may be extended by the prosecutor of a constituent entity of the Russian Federation and a military prosecutor equivalent to him up to 12 months.

If a criminal case has been initiated on the fact of a crime and during the inquiry sufficient information is obtained that gives grounds to suspect a person of committing a crime, the inquirer draws up written notice of suspicion of a crime, a copy of which is given to the suspect and explains to him the rights of the suspect, about which a protocol is drawn up with a note that the copy of the notification has been delivered. When several suspects are identified in one criminal case, a notification of suspicion of committing a crime is handed to each of them. A copy of the notification of the person's suspicion of committing a crime shall be sent to the prosecutor.

Within 3 days from the date of delivery to the person of the notice of suspicion of committing a crime, the inquirer must interrogate the suspect on the merits of the suspicion.

In the notification on suspicion of a crime should be indicated:

1) the date and place of its preparation;
2) surname, initials of the person who composed it;
3) surname, name and patronymic of the suspect, date, month, year and place of his birth;
4) a description of the crime with an indication of the place, time of its commission, as well as other circumstances to be proved;
5) clause, part, article of the Criminal Code of the Russian Federation, providing for responsibility for this crime.

Inquiry may be suspended and resumed on the basis of the decision of the prosecutor or the head of the inquiry unit in cases where:

1) the grounds for its suspension have disappeared;
2) it became necessary to carry out investigative actions that can be carried out without the participation of the suspect, the accused;
3) the prosecutor canceled the decision to suspend the preliminary investigation. Code of Criminal Procedure of the Russian Federation Art. 211

The inquiry ends in the following form:

1) drawing up an indictment and sending the case to the prosecutor;
2) termination of the criminal case.

Since the inquiry is not carried out in cases of persons who have committed a socially dangerous act in a state of insanity or who have fallen ill mental illness after the crime has been committed, it cannot end with the referral of the case to the court for application coercive measure medical nature.

The grounds for the termination of a criminal case for the investigation and inquest are the same, therefore, we will consider only the end of the inquiry in the form of drawing up an indictment and sending the case to the prosecutor.

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Inquiry is an auxiliary and simplified form in comparison with the investigation form of pre-trial proceedings in a criminal case. It can be carried out in cases of crimes of small and medium gravity, the list of which is given in Part 3 of Art. 150 of the Criminal Procedure Code. In addition, according to the written instructions of the prosecutor, an investigation in the form of an inquiry may be carried out on other crimes of small and medium gravity. Inquiry is independent form preliminary investigation. Acts of inquiry have the same procedural meaning, as the acts of the preliminary investigation.

Inquiry is carried out within 30 days from the date of initiation of the criminal case. If necessary, this period can be extended by the prosecutor up to 30 days. In necessary cases, including those related to the production of a forensic examination, the period of inquiry may be extended by the prosecutors of the district, the city, a military prosecutor equivalent to them and their deputies for up to six months. In exceptional cases related to the execution of a request for legal assistance, the period of inquiry may be extended by the prosecutor of a constituent entity of the Russian Federation and an equivalent military prosecutor up to 12 months.

If a criminal case is initiated upon the fact of committing a crime and during the inquest sufficient data is obtained to suspect a person of committing a crime, the inquirer draws up a written notice of suspicion of committing a crime, a copy of which he hands over to the suspect and explains to him the rights of the suspect, about which a protocol is drawn up with a mark on delivery of a copy of the notification. Within three days from the date of delivery of a notification of suspicion of a crime to the person, the inquirer must interrogate the suspect on the merits of the suspicion.

A copy of the notification of the person's suspicion of committing a crime shall be sent to the prosecutor.

If a preventive measure in the form of taking into custody has been chosen against the suspect, then the indictment shall be drawn up no later than 10 days from the date of the suspect's arrest. If it is impossible to draw up an indictment on time, the suspect is charged, after which the investigation continues or this preventive measure is canceled.

Inquiry may be completed by drawing up an indictment or by a decision to terminate the criminal case.

The indictment, which is drawn up by the inquirer at the end of the inquiry, indicates:

1) the time and place of its preparation;

2) the surname, initials and position of the person who compiled it;

3) information about the person brought to criminal responsibility;

4) the place and time of the commission of the act containing the signs of a crime, its methods, motives, consequences and other circumstances that are significant in this case;

5) the wording of the charge, indicating the paragraph, part, article of the Criminal Code;

6) a list of evidence to be examined by the court;

7) information about the victim, the nature and amount of harm caused to him;

8) a list of persons to be summoned to court.

From the moment the indictment is drawn up in the case, the suspect acquires the status of the accused and all the materials of the criminal case, together with the indictment, must be presented to him and his defense counsel for familiarization.

The victim, his representative, at their request, may be granted the right to familiarize himself with the materials of the criminal case in the same manner as provided for the accused and his defense counsel. The indictment is approved by the head of the inquiry body and, together with the materials of the criminal case, is sent to the prosecutor.

The prosecutor examines the received criminal case with the indictment and, within a period of not more than two days, makes the following decision on it: 1) on the confirmation of the indictment and sending the criminal case to the court; 2) on the return of the criminal case with its own instructions for re-drafting the indictment in case of its non-compliance with the requirements of the Criminal Procedure Code. In this case, the prosecutor may set a time limit for the production of an additional inquiry, but no more than 10 days, and for the re-drafting of the indictment - no more than three days; 3) termination of the criminal case; 4) sending the criminal case for the preliminary investigation.

The term of inquiry and its procedure are special meaning when investigating crimes. These positions are stipulated by law and define the framework that allows establishing the truth as quickly and accurately as possible. That is why such close attention is paid to these issues.

What is inquiry

This type of activity is currently defined as an independent form of preliminary investigation carried out by the relevant officials, namely the interrogators. This is the most accurate and concise definition of the concept of inquiry, which, in turn, is also subdivided into some types.

It is fundamentally important to see the differences between this activity as a form of investigation and a preliminary investigation. A significant difference is the subjects of the actions taken. In the first case, the employees of the bodies of inquiry, and in the second - the investigators, and delineate their respective powers.

Goals and objectives

The main tasks of the inquiry are those that are provided for in the criminal process itself, namely, the initiation of a case, the prompt disclosure of a crime, the presentation of charges, criminal prosecution, consideration of materials in court, exemption from liability - all these are important areas of activity of law enforcement agencies.

If we talk about the goals of this activity, then they are obvious and follow from the very essence of the inquiry. Any actions of the employees of these bodies, as well as of the investigation bodies, are aimed at achieving the lowest level of crime, as well as, if possible, to prevent its further development.

In addition, you should always remember that tasks and goals are interconnected. The achievement of the second depends on the accurate and quick implementation of the first, this, in turn, creates a coherent system of combating crime and the conditions for its prevention. To do this, often, or rather, almost always, the bodies of inquiry and investigation unite their efforts and cooperate with each other.

Bodies carrying out the inquiry

The system in the Russian Federation is very extensive. It includes a huge number of structures and substructures. However, it is always necessary to distinguish between these bodies, which can be done by examining the powers and directions of activity.

The RF establishes a list reflecting all those structures that have the right to carry out an inquiry and have a number of powers necessary for this. These include the State Fire Supervision Authority, the Federal Service of Bailiffs and the heads of the military police. The list is exhaustive, as recorded by the law.

Also, in some cases, this activity may be influenced, for example, the prosecutor extended the period of inquiry, and the investigation was not stopped. In addition, the Code of Criminal Procedure of the Russian Federation establishes exceptions, in which case other bodies, in addition to those listed, can initiate a criminal case or carry out urgent investigative measures.

Powers of interrogators

In order to achieve certain goals and solve problems, the bodies of inquiry are endowed with certain powers, which are also enshrined in the Criminal Procedure Code of the Russian Federation. They imply the existence of a certain right to perform certain actions. The list of them is not exhaustive, and allows for a wider range of actions by interrogators, which does not limit their work in any way.

So, the following can be attributed to: initiating a criminal case, conducting urgent investigative measures, if the case requires it, conducting an inquiry, including in those cases where a preliminary investigation is not necessary, as well as a number of other actions that are established by law. This disclaimer makes it clear that the list here is by no means exhaustive.

Types of inquiry

Allocation of several forms of inquiry is carried out depending on the need for a preliminary investigation. It is practically impossible to meet other classifications, they are not influenced by either the period of inquiry or its order. So, the main and always used division is two forms, namely, an inquiry with a mandatory preliminary investigation and an inquiry, where it is optional.

This approach is applied depending on the type of case. Some of them do not require intervention investigative bodies, accordingly, there is no need to involve them, which greatly simplifies the work of interrogators, leaving everything exclusively under their control. The second option is the absolute opposite. An example is cases where urgent investigative action is required.

Inquiry term

For the accurate implementation of this activity, it is necessary to comply with a number of rules and restrictions that are established by law, otherwise there is a risk of not achieving the desired result. Article 223 of the Code of Criminal Procedure of the Russian Federation establishes the main of such points, and this is the term. pays most attention this issue, which determines the time periods that are significant for the case.

The activities of the bodies of inquiry are carried out within thirty days from the moment the criminal case was initiated. Of course, it is possible to extend it up to two months, and even up to six. However, all this must be carried out only on the basis of the prosecutor's decision, the investigators do not have independence in this matter.

The maximum period of inquiry, according to the norms of the criminal procedure law, is twelve months, although there have been other cases that go beyond this figure. However, in order to extend the investigations for such a significant period of time, the consent of the prosecutor, confirmed by the order, is also required.

Order

The activities of the bodies of inquiry are much more limited than those of the investigation. Questions regarding the performance of any procedural or investigative actions the employees of these structures carry out under the control of the head or even the prosecutor, which sometimes takes a lot of time.

Suspension or renewal of the inquiry is possible if the case requires it. However, an employee of the authorities cannot make such a decision on his own either. The meaning of all of the above is that interrogators have a number of powers and can freely exercise them within the limits established by law, but at the same time clearly observing certain boundaries.

The most important thing in maintaining the correct order is the period of inquiry, which was mentioned above. Its violation can lead to the fact that all actions of employees will be meaningless and lose their power in the process of establishing the truth. That is why the order and timing of the inquiry are very important interrelated elements.

Inquiry value

The whole point of this form of investigation is three very important points that fully reflect it. They define the whole essence of inquiry as an important element of everything from a theoretical point of view. Although many scientists argue about this, it is still possible to identify the main thing that will help to fully appreciate the significance of this activity.

So the first important aspect- the inevitability of punishment or responsibility. This is important, since the truth is comprehended by obtaining reliable and confirmed facts. The second is the appearance of a new participant, namely the accused, which is important for the process as a whole. And the third and last aspect is the formation of documents for the court in the process of inquiry, which is also important.