Indictment: a sample. Approval of the indictment by the prosecutor
According to statistics, in Russia more than 2 million crimes are committed annually, and almost all of them are subject to preliminary investigation.
During the investigation, all circumstances must be established and evidence collected. At the end of the procedure, the investigator forms an indictment or act.
What are they different? The indictment and the indictment are two forms of one result. The conclusion is created in the event that the accused committed a serious crime, because the materials of the criminal case are with the investigator, the act - if an unsubtle crime is committed and the investigator is engaged in the case.
After the preliminary investigation is completed, the case materials with the accusative document are sent to the prosecutor, who decides on the transfer of materials to the court.
Preliminary investigation
During the preliminary investigation, the investigator gathers evidence, clarifies the circumstances of the crime and forms the results of the materials in aggregate.
Preparation of the indictment -prerogative of investigative bodies. This document should include all the data specified by the law (Article 220 of the Code of Criminal Procedure). Without these data, the indictment is deemed to be unformed. Preliminary investigation should be conducted without procedural violations. The materials of the criminal case, which are formed in the process, must be carefully studied by both the prosecutor and the defender, as well as the accused himself. In addition, victims may have access to the materials.
In its entirety, the materials of the criminal case -these are the procedural documents, the forms and requirements to which are fixed in the legislation under Article 474 of the Code of Criminal Procedure of the Russian Federation. Acquaintance with materials is made only after the preliminary investigation.
The terms and the order of familiarization are defined in the article217 of the Code of Criminal Procedure. At the same time, applications can be made concerning evidence and the application of procedural rules. Petitions are examined by the investigator, who can reject or satisfy the applications of the persons participating in the case.
Sending materials to the prosecutor
After the primary procedural documentsready, the investigator signs an accusative document and sends it to the prosecutor for approval. The public prosecutor is obliged to examine all the materials of the case and examine them within 5 days.
It is recommended that materials should be examined withthe indictment, but some experts believe that in the conclusion most often the investigator expresses his own point of view on the crime in terms of the guilt or innocence of the accused. Thus, the opinion of the investigator can influence the decision not only of the prosecutor, but also of other officials involved in the case.
A copy of the indictment is requiredshould be sent to the accused, otherwise there is a violation of the procedural code. In the event that the conclusion can not be obtained for any circumstances by the accused, the prosecutor makes a note in the materials with a mandatory indication of the reasons.
Contents of the indictment
The indictment is studied in the process of acquaintance with the case materials and is the first stage in the study. The preparation of an indictment requires the inclusion of the following information:
- FULL NAME. the accused.
- Data on personality - a brief characteristic.
- The content of the charge: the place, time, purposes and motives for the commission of the crime, as well as circumstances relevant to the case.
- Formulated accusation with the application of articles of the Criminal Code of the Russian Federation.
- List of evidence supporting the prosecution.
- Mitigating or aggravating circumstances.
- Data on the victim, including the nature and amount of harm caused to him as a result of the crime.
- Information about the plaintiff or the defendant (civilian direction).
First of all, it is necessary to pay attention to how the indictment is drawn up, the sample of which is fixed in Article 220 of the Code of Criminal Procedure of the Russian Federation.
Since the indictment is thatthe document from which the acquaintance with the case begins, it must necessarily refer to the sheets and volumes of the criminal case. This is necessary so that, if necessary, the student can refer to the appropriate sheet and examine the information in more detail.
The concept of proof
In connection with the fact that the indictment contains a list of material and other evidence, it is necessary to consider in more detail what exactly relates to the evidence.
Under Article 73 of the Code of Criminal Procedure of the Russian Federation, evidence in a criminal case can be considered:
- The suspect's testimony.
- Indications of the victim.
- Protocols of investigative measures.
- The expert's conclusions.
- Conclusion of a specialist.
- Evidence.
Indications
Evidence should be obtained on legalgrounds. Illegally obtained evidence is inadmissible, therefore, in such a complex process as criminal proceedings are not considered. There are also certain rules for obtaining evidence as one of the evidence.
The data on whether the order of interrogation is observed is entered into the indictment. A sample of the interrogation protocol and the form rules are defined in articles 174 and 190 of the Code of Criminal Procedure of the Russian Federation.
Expert's conclusions
Evidence of expert opinionsshall be executed in accordance with Article 204 of the Code of Criminal Procedure of the Russian Federation. A specialist who conducts the necessary research, it is worth remembering that a knowingly false conclusion is criminally punishable.
The expert in the conducted research has no rightcollect documents or missing information yourself. When examining documents, it is necessary to check which expert has been examined. It should be an independent expert who is not interested in the results of the study. The results are entered in the usual manner in the indictment. A sample of the expert's conclusion in the original is attached to the case materials.
Circumstances in the indictment
Aggravating or mitigating circumstances inthe indictment duplicates the list of those in the case file. According to articles 61 and 63 of the Code of Criminal Procedure, circumstances are taken into account when imposing a punishment, which can be either reduced or increased, in contrast to the standard one.
So, for example, mitigating circumstance is the fact of committing a crime of small gravity for the first time, taking into account which the real or conditional term can be appointed below the lower limit.
Final procedure
Confirmation of the indictment by the prosecutorinvolves the transfer of materials to court. Before approval, the prosecutor has the right to make changes in the document or to carry out other actions, in accordance with article 222 of the Code of Criminal Procedure of the Russian Federation, including to terminate a criminal case and prosecution. In addition, if the prosecutor notes violations or shortcomings, he has the right to send the materials back to the investigator. In this case, a copy of the indictment in a new format should also be sent to the accused.
Changes in the indictment, which the prosecutor has the right to make, are as follows:
- The essence of the prosecution, the qualification of the crime.
- Changing the measure of restraint or its cancellation, except for house arrest and detention (this measure may change the court).
- Addition or reduction of the list of persons who may be summoned to court (except defense witnesses).
After approval by the prosecutor, the materials are sent to the court. All petitions and applications are submitted at this stage not to the investigator, but to the judge.
In the event that there is a separation of the case in a separate proceeding or a combination of cases, an indictment is also drawn up. The sample document does not change under the circumstances.
reference
Together with the indictment shoulda statement of the results of the investigation. Since the indictment contains data a priori, the certificate must be exactly the results of the work.
It contains exactly the reference data on the criminal case:
- Terms of investigation.
- Preventive measure.
- Procedural costs.
- The presence of civil lawsuits and security measures.
Information about the results of the investigation, unlike other materials, is available only to the public prosecutor.
Isolation and compounding cases
Criminal proceedings know cases wherethe time of the preliminary investigation of one case arises the need to separate the materials in a separate proceeding in another criminal case. This is due to the fact that the investigation reveals a crime unrelated to the accused and the act committed by him. Accordingly, in this case, at the end of each proceeding, an indictment is made in the criminal case.
The combination of cases involves the presence of several materials in different cases, which are combined on one or several grounds:
- the commission of a single crime by several persons;
- committing acts related to each other by different persons;
- crimes committed by one person or group of persons.
When combining cases, one statement is made in which all circumstances, persons and other categories based on the materials of joint criminal cases are indicated.
