The decision to open a criminal case: the legal aspect
The decision to open a criminal case -the main document that is issued on the basis of the result of the examination of the application for the crime committed. This document can be issued by an authorized person, usually an investigator involved in the disclosure of a particular crime.
Execution of the decision to open a criminal case
This document consists of:
- an introductory part, which specifies such information as the name of the document, the date and place of its issuance, the initials and the position of the person who issued the decision;
- The narrative part, which details the grounds and grounds for the ruling;
- A resolution containing data such asthe decision to initiate this case, the article of the Criminal Code, on which it will be instituted, information that a copy of this decision was sent to the prosecutor's office, the signature of the authorized person who issued the decision.
The final part of the document is markedthat the applicant (the person who wrote the application for initiating the case) and the defendant (the person suspected of committing a criminal offense) were notified of the institution of a criminal case for a particular crime.
In accordance with the laws of Russia,the decision to institute criminal proceedings may be imposed after the coordination of all actions with the prosecutor. However, the Criminal Procedure Code of the country (article 146) allows the investigator to take an independent decision on this issue even before agreeing it with the prosecutor. The same applies to certain urgent actions that are carried out within the framework of the investigation of a particular crime (examination of the place of the event, forensic examination).
In the event that, based on the results of theinterrogation of victims and inspection of the scene of the incident, a decision is made to investigate the crime, the investigator immediately and promptly sends to the prosecutor's office an order to open a criminal case, the relevant protocols and materials for the crime scene verification are attached to it. Based on the findings, the prosecutor decides whether the case will be initiated. In order for such a decision to be made as quickly as possible, the General Prosecutor's Office of the Russian Federation provides for a shift of 24-hour duty for prosecutors. Holidays and weekends are no exception.
As a decision to initiate a criminal case is received, the prosecutor issues a decision:
- on the prompt commencement of the case for this crime. In this case, they put a signature on the document itself, indicating the exact date and time;
- on the refusal of the case;
- on the return of investigation materialsinvestigator for additional verification. In this case, the prosecutor may be given additional instructions for the investigation, the period of their implementation is no more than five days.
Appeal of the decision to initiatecriminal case can be carried out directly by a person accused of a crime, more precisely, his lawyer. This right is provided for by the legislation of Russia in the framework of the protection of a suspect. The decision can be appealed, as a rule, in extrajudicial or judicial order. It should be noted that any persuasion (with or without threats and physical force) of law enforcement officers to confess to a crime is illegal because they violate the rights of a citizen of the Russian Federation provided for by the Constitution, and just as an unlawful decision to initiate a criminal case can be challenged in a court.
