Terms of preliminary investigation and the procedure for its extension

Following the initiation of criminal proceedings stage is a preliminary investigation. This procedure is aimed at the pre-trial preparation of materials. We next consider the form and terms of preliminary investigation.

General characteristics

A Preliminary investigation is needed to identify all circumstances of the case and evidence gathering. The main objectives of the procedure are:

1. Solving the crime.
2. The conviction of the perpetrators or their rehabilitation.
3. The Formation of sufficient evidence for trial in court.
4. Ensure personal involvement of the suspect in the hearing.
5. Guarantee possible solutions for compensation of damages arising in connection with the crime.

The Forms and terms of preliminary investigation are established in the law depending on the specific category of acts.

Key tasks

To achieve the goals following activities:

1. Search the collection and examination of evidence. A preliminary investigation aimed at establishing the circumstances listed in article 73 of the criminal procedure code.
2. Identification and prosecution of the subject in respect of which collected enough material for a charge.
3. The realization of the rights of suspects/accused to defense.
4. The Use of coercive measures (if necessary).
5. Direction of materials in court, or cease production.

In addition, a preliminary investigation reveals:

1. The Causes and conditions that contributed to the Commission of the act.
2. Signs of other crimes that do not involve main.

Contents

During the preliminary investigation performed a variety of activities, decisions, aimed at achieving the objectives and implementation of tasks above. The content of this phase included also the interaction between the participants of the proceedings and of agencies which have implemented rights of the parties.

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The Suspects/defendants, victims, their representatives have the right to file motions and complaints. The competent authorities in turn are obliged to consider them and make appropriate decisions. A preliminary investigation is not conducted in a private prosecution. In this case, the burden of proving the guilt of the suspect falls on the victim (or his representative).

The Nature of the acts by which the proceedings under the rules of private prosecution, suggests that the subject already has sufficient information to formulate a position in court. In this regard, the application instituting the proceedings is served in this instance. Such a rule is enshrined in article 318 part 1 of the criminal procedure code.

Main areas

A Preliminary investigation may be conducted in the form of an inquiry or investigation. The first is a simplified version of the procedure. It is carried out by the investigator or investigator on the case for which a preliminary investigation is considered optional. This position is fixed by article 5, paragraph 8 of the code. Inquiry provides faster preparation of materials for crime that have little public danger. A preliminary investigation is conducted by acts not mentioned in article 150, part 3 of the criminal procedure code. It provides maximum guarantees of rights of subjects participating in the process, as well as the truth.

Jurisdiction

She determined in accordance with article 151 of the criminal procedure code. The place, the timing of the preliminary investigation stipulated in article 152. When you need to perform certain actions on the territory of the other employee can carry out them yourself or inform their employees of the relevant authority. Last must made within 10 days. If the act was begun at the same address, and over – on the other, the preliminary investigation is conducted at the last place.

One entity can be suspected in different crimes. All of them can be done in different locations. In this case, the place where will be held the preliminary inquiry is determined by the head of Department leading the production. As a rule, activities are performed on-site, where was made a large part of the acts or the most serious of them.

Activities can be carried out at the address of the accused or of the majority of witnesses. In this case, the investigation will be more comprehensive and objective, and will be complied with procedural deadlines of the preliminary investigation. The employee, having found that the offence does not apply to its authority, performs immediate action and submit the materials to head of the Department. The investigator is obliged in this case to send the case to the Prosecutor.

Connect

Usually each act is a separate proceeding. The law, however, permits the connection of several proceedings into one. Often the professionals have resorted to this opportunity to reduce the time of the preliminary investigation. Connection is allowed with respect to:

1. A Single subject, who is accused of concealment especially grave crimes.
2. A number of suspects who have committed one or more crimes of complicity.
3. One person, passing several acts.

These cases are contained in article 153 of the criminal procedure code. The connection of materials is allowed if there is reason to believe that several crimes were committed by one individual or in one or more acts involving several entities. as a proving of the circumstances may be similarity of methods, the coincidence of the object, overall characteristics of the individual and so on. Union productions, in the possession of the inquirer, by the decision of the Prosecutor.

Selection of materials

It is allowed with respect to:

1. Separate the accused/suspects in crimes committed in complicity, in accordance with paragraph 1-4 of article 208 of the criminal procedure code.
2. Juvenile charged with an adult.
3. Other entities accused of acts which are not associated with the crime, the sane, if it becomes known during the investigation.

The Allocation is also allowed in respect of a person who has concluded with the Prosecutor pre-trial agreement. In the event of threats to security of the person documents, which identificireba his person, shall be withdrawn from common materials. If the expiration date of the preliminary investigation has not yet come, the allocation is permitted if this action does not affect the objectivity and comprehensiveness of the study circumstances, it is necessary due to the large volume of proceedings or in the presence of multiple episodes.

Nuances

The Selection of materials is carried out in accordance with the decision of the authorized employee. If this action is made for the purpose of clarification of circumstances under the new act or in respect of a new entity, the act provides for a decision to initiate proceedings in the manner prescribed in article 146 of the CPC. The materials extracted separately, must present the originals or copies of documents with evidential value, certified by an authorised officer.

Timing: the stage of preliminary investigation

The CPC provides for special procedure for determining the periods for performing tasks in case of allocation of materials from the General proceedings. The preliminary investigation shall be calculated from the date of approval of the decision if the procedure is carried out in relation to the new offence or subject. In other cases, the starting date will be the date on which it was filed, the main trial from which the selected materials. That is, the starting point will be the beginning.

The Terms of the preliminary investigation according to the General rule are measured from the date of the judgment, in which it is necessary to specify not only the date of its adoption, but also the exact time. This requirement is defined in article 146 of part 2 of the criminal procedure code. Meanwhile, the law does not clearly define the duration of the period of initiation of proceedings. That is, it may be extended in time.

The implementation of most of the operational activities a preliminary investigation of the criminal case is counted not from the date of the judgment, and from the date of obtaining the consent of the Prosecutor. In practice it may be necessary to take immediate action. In the sense of article 146 of part 4, the time of production of preliminary investigation in these cases are counted from the date of the judgment to harmonize with the Prosecutor. The fixation of this fact is done by putting the specific calendar day and the exact time (to the minute).

The Urgency of compliance with the set periods

The Timing of the preliminary investigation and the procedure for its extension are of particular practical importance. First and foremost, the establishment of periods allows to provide control over the proceedings, including by the suspect. Setting the terms of the preliminary investigation, the legislator is guided by the international legal principle of access to justice without undue delay.

There is indication of specific duration of certain events allows to reduce the time between the act and the imputation of punishment. This ...