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The grounds, order and timing of suspending the preliminary investigation. Suspension of criminal case under the Code of Criminal Procedure of Article 208 of the Code of Criminal Procedure in the new

Legislation
21.05.2020

1. The preliminary investigation is suspended in the presence of one of the following grounds:

1) the person to be attracted as the accused is not established;

2) the suspect or the accused disappeared from the investigation or the place of its location was not established for other reasons;

3) the location of the suspect or the accused is known, but there is no real opportunity to participate in a criminal case;

4) Temporary severe disease of the suspect or accused, certified by medical conclusion, prevents its participation in investigative and other procedural actions.

2. On suspension preliminary investigation The investigator makes a ruling, a copy of which directs the prosecutor.

3. If two or more accused is attracted in a criminal case, and the grounds for suspension include not to all accused, the investigator is entitled to allocate in separate production And to suspend the criminal case against individual accused.

4. On the grounds provided for in paragraphs 1 and 2 of the first this articleThe preliminary investigation is suspended only after its expiration. On the grounds provided for in paragraphs 3 and 4 of the first part of this article, the preliminary investigation may be suspended until the end of its term.

5. Before suspension of the preliminary investigation, the investigator performs all investigative actions, the production of which is possible in the absence of a suspected or accused, and takes measures to find it or the establishment of a person who committed a crime.

6. If the criminal case is assigned to property in accordance with part of the third article 115 of this Code, the investigator before the suspension of the preliminary investigation is obliged to establish circumstances confirming that the arrested property was obtained as a result of criminal actions of the suspect, the accused or was used or intended for use as tools, equipment or other means of committing a crime or to finance terrorism, extremist activities (extremism), organized group, illegal armed formation, criminal community (a criminal organization), as well as to consider the possibility of a possible change in restrictions related to the possession, use, ordered by the arrested property, or on the abolition of the arrest imposed on property.

7. In case they have not disappeared grounds for applying measures procedure coercion In the form of an imposition of arrest of persons who are not suspected, accused or persons who carry material liability for their actions, the investigator with the consent of the head of the relevant investigative body or the investigator with the consent of the prosecutor initiates the appropriate application in accordance with the procedure established by Article 115.1 of this Code. .

8. If a criminal case has previously decided to apply in the implementation of state protection of security measures, the investigator with the consent of the head of the investigative body simultaneously with the suspension of the preliminary investigation makes a decision on the further use of security measures or about their complete or partial cancellationif there is no basis for further use of safety measures stipulated by law Russian Federation, on the basis of information obtained from the security body, or by the petition of the security body, or on the basis of a written statement of the persons listed in Part 2 of Article 16 Federal Law of August 20, 2004 N 119-FZ "On the state protection of victims, witnesses and other participants in criminal proceedings", which are subject to consideration in deadlines. The decision of the decision is notified of the security agencies, as well as a person in respect of which such a resolution has been submitted.

Comments to Art. 208 Code of Criminal Procedure


1. Suspension preliminary investigation - This is a criminal procedural decision of the investigator (investigator, etc.) on the establishment of a temporary, caused by the presence of one of the circumstances envisaged in the law, which interfere with the continuation of the preliminary investigation into the proceedings in the criminal proceedings.

2. In this period of time, the investigator (investigator, etc.) takes measures to eliminate the basis of the suspension of production in the case. One of these measures is the search for the preliminary investigation and the court of the suspect or the accused (see also a comment on Art. Art. 209, 210 Code of Criminal Procedure).

3. The list of grounds for suspending the preliminary investigation in the law is exhaustive.

4. Preliminary investigation is suspended:

a) in the event of an unintentionage of the person to be attracted as the accused (paragraph 1 of Part 1 of Article 208 of the Code of Criminal Procedure);

b) in the event that the suspect or the accused was disappeared from investigation and court (paragraph 2 of Part 1 of Art. 208 of the Code of Criminal Procedure);

c) when for other reasons it is not established its location (paragraph 2 of Part 1 of Article 208 of the Code of Criminal Procedure);

d) when the location of the suspect or the accused is known, but there is no real possibility of his participation in the criminal case (paragraph 3 of Part 1 of Art. 208 of the Code of Criminal Procedure);

e) in case of temporary severe disease of the suspect or accused, certified by the medical conclusion, which prevents its participation in investigative and other procedural actions (paragraph 4 of Part 1 of Article 208 of the Code).

5. On the first basis, it is possible to speak only when the crime is considered undisclosed, that is, despite the measures taken, to establish a person who committed it has not been possible.

6. In the second case, if the suspect or the defendant disappeared, the course of the limitations of attraction of it to criminal responsibility Suspended. In the third, if its location is not established, it is not suspended, that is, after the expiration of the limitation specified in Art. 78 CC, some criminal cases may be discontinued.

7. And certainly, criminal cases of crimes on the above mentioned reasons are not subject to the above grounds for the commission of which it can be appointed the death penalty or life imprisonment, as well as cases of crimes envisaged by Art. Art. 353, 356, 357, 358 of the Criminal Code.

8. General conditions for suspension of preliminary investigation are as follows:

The presence of a crime event should be proved;

All investigative actions were carried out that it is possible to perform in the absence of the accused (suspect); All measures have been taken to find the location of the last, as well as the establishment of a person who committed a crime.

9. Private conditions are divided depending on what reason we are analyzed.

10. Private for the first base (paragraph 1 of Part 1 of Art. 208 of the Code of Criminal Procedure) is the condition that the prior investigation period has expired.

11. Private conditions for the second and third bases (paragraph 2 of Part 1 of Art. 208 of the Code of Criminal Procedure):

a) the period of preliminary investigation expired;

b) There is a decision on bringing a person as an accused (decree on initiation regarding a concrete person of a criminal case).

12. Private conditions for the fourth base (paragraph 3 of Part 1 of Art. 208 of the Code of Criminal Procedure):

b) There is evidence that the real possibility of the participation of the accused (suspect) is absent in the criminal case.

13. Private conditions for the fifth base (paragraph 4 of Part 1 of Art. 208 of the Code of Criminal Procedure):

a) there is a decision to attract a person as an accused (decree on initiation against a particular criminal case);

b) the disease of the accused (suspected):

Is temporary;

Certified by a medical conclusion (the conclusion of forensic psychiatric examination, if we are talking about a mental illness conducted in accordance with Article 196 of the Code of Criminal Procedure);

Does not allow the accused (suspected) to take part in carrying out investigative (procedural) actions;

It arose after the face of the crime.

14. In the presence of grounds and compliance with conditions, the preliminary investigation is suspended by a motivated resolution consisting of:

a) the introductory part in which:

Title of the document;

City, day, month and year of its compilation;

Name of the preliminary investigation or inquiry, cHIN or rank, surname, initials of the investigator (investigator, etc.), who decided to suspend the preliminary investigation;

The number of the criminal case and, at a minimum, about the commission of which crime there was a speech (point, part, article of the Criminal Code);

b) a descriptive-motivation part consisting of:

Fabui ( brief description circumstances of the crime - the essence of the accusation or suspicion);

Grounds and conditions for the suspension of the proceedings;

References to a specific clause station. 208 Crimson, which the investigator (investigator, etc.) was guided by taking this decision;

c) the operative part in which in addition to the decision and the number of the criminal case is indicated by the essence of this body of the Inquiry of the Inquiry, as well as information on the departure of the prosecutor's copies of this ruling and explaining the victim, his representative, the Civic Plaintiff, the Civic defendant or their representatives of the procedure for appealing this decision.

15. In the decision other than the establishment of the fact of suspension of the investigation, the issue of the extensive measures taken by measures aimed at the preservation of documents, real and other evidence is permitted. A copy of the ruling during the daily term should be sent to the prosecutor.

16. See also Commentary on Art. Art. 209, 439 CPC.

1. The preliminary investigation is suspended in the presence of one of the following grounds:
1) the person to be attracted as the accused is not established;
2) the suspect or the accused disappeared from the investigation or the place of its location was not established for other reasons;
3) the location of the suspect or the accused is known, but there is no real opportunity to participate in a criminal case;
4) Temporary severe disease of the suspect or accused, certified by medical conclusion, prevents its participation in investigative and other procedural actions.

2. On the suspension of the preliminary investigation, the investigator makes a decree, a copy of which directs the prosecutor.

3. If two or more accused is attracted in a criminal case, and the grounds for suspending are not to all accused, the investigator has the right to allocate into separate production and suspend a criminal case against individual accused.

4. On the grounds provided for in paragraphs 1 and 2 of the first part of this article, the preliminary investigation is suspended only after its term. On the grounds provided for in paragraphs 3 and 4 of the first part of this article, the preliminary investigation may be suspended until the end of its term.

5. Before suspension of the preliminary investigation, the investigator performs all investigative actions, the production of which is possible in the absence of a suspected or accused, and takes measures to find it or the establishment of a crime.

6. If the criminal case is assigned to property in accordance with part of the third article 115 of this Code, the investigator before the suspension of the preliminary investigation is obliged to establish circumstances confirming that the arrested property was obtained as a result of criminal actions of the suspect, the accused or was used or intended for use as Tools, equipment or other means of committing a crime or to finance terrorism, extremist activities (extremism), an organized group, illegal armed formation, a criminal community (criminal organization), and also consider the possibility of a possible change in the restrictions related to ownership, use, ordered by the arrested Property, or about the abolition of arrest imposed on property.

7. In the event that the grounds have not disappeared to apply proceeding measures in the form of arresting the property of persons who are not suspected, accused or persons who carry material responsibility for their actions, the investigator with the consent of the head of the relevant investigative body or the consent of the consent The prosecutor excites the appropriate application before the court in accordance with the procedure established by Article 115.1 of this Code.

(Part additionally included from September 15, 2015 by the Federal Law of June 29, 2015 N 190-FZ)

Commentary on Article 208 of the Code of Criminal Procedure

1. The suspension of the preliminary investigation is a temporary break in criminal proceedings, which occurs in the presence of the established laws and during which investigative actions are not made and procedural decisions are not accepted.

2. Suspension of the preliminary investigation can only occur if there are grounds established by Part 1 of the commented article. No other reasons (departure of the investigator on a business trip, severe disease of the victim, etc.) suspension of the criminal proceedings do not cause.

3. The person to be attracted as an accused is considered unidentified when there are no evidence necessary and sufficient to nominate the accusation of a particular person. This may take place in two cases: firstly, when in a criminal case there is no evidence of the involvement of a particular person to commit a crime, and, secondly, when some evidence is available, but they are not enough to attract a person as an accused.

4. In order for the suspect or the accused, it is recognized as a hopping, the presence of concrete evidence in the criminal case, indicating the intention of the person to avoid criminal prosecution. Such evidence refers to the fact that the person suddenly changed the place of residence, quitted from the place of work, stopped previously existing social connections or made other similar actions.

5. For this basis, the preliminary investigation may be suspended and in cases where the person has not previously had the status of a suspect or the accused. If there is enough evidence in the criminal case, allowing the status of the accused without his presence, the investigator has the right to do this (to make a decree on bringing a hopping person as an accused), after which to suspend the preliminary investigation. To recognize the person suspect without his presence is possible only when a criminal case is initiated against this person (paragraph 1 of Part 1 of Art. 46 of the Code of Criminal Procedure).

6. The location of the suspect or the accused may be unspecified for other reasons in cases where the person changed the place of residence and did not intend to hide from the preliminary investigation. This basis is generally a variety of previous.

The real presence or absence of an intent in the face can be established after determining the location of its location, to be evaluated in resolving the issue of election to it or another preventive measure (ch. 13 of the Code of Criminal Code of the Russian Federation).

7. Under the lack of a suspect or accused, the real opportunity to participate in a criminal case, when the place of finding it is known, meaning when the person is in a particular place, but beyond the reach of bodies and officialsexercising criminal prosecution (for example, abroad). If the person who is beyond the limits of Russia seeks to avoid criminal liability, the question of its extradition for criminal prosecution is permitted in the manner prescribed by ch. 54 Code of Criminal Procedure.

8. In order to in view of the suspect or the accused, a preliminary investigation was suspended, it is necessary that the disease, firstly, was temporary, and, secondly, heavy. These categories are estimated, but if they are determined, it is necessary to take into account the possibility of a person to participate in investigative and other procedural actions and to use the procedural rights to him.

To make a decision to suspend the preliminary investigation on this basis to conclude forensic medical examination in obligatory not required. The exceptions are cases when the face suffers from mental disorder, since the production of forensic psychiatric examination is required to establish the nature and degree of its disorder (paragraph 3 of Art. 196 of the Code of Criminal Procedure).

9. In the case when in the preliminary investigation process or consideration of the criminal case in court at the person who committed socially dangerous Act, a temporary disorder of mental activity has been established (if this person is dangerous for society and its mental state by the nature of the act and his mental state and needs a coercion forced), the Court applies forced medical measures, which is essentially a matter of exemption from criminal liability or punishment.

10. If the person who committed a socially dangerous act, provided for by the criminal law, was in a reactive state, and the forensic psychiatric examination could not make a conclusion about its sane or insaneness during the commission, the court applies forced medical measures to this person and suspend Production against it to recovery.

11. According to Part 2 of the article, recognizing the necessary suspend preliminary investigation, the investigator constitutes the ruling and sends a copy this document Prosecutor.

12. Part 3 of the commented article establishes the opportunity to allocate a criminal case against the accused of separate production and suspend it on the grounds established in Part 1 of the same article, and in relation to the other partners to continue criminal prosecution in the usual way. The corresponding authority of the investigator is established in paragraph 1 of Part 1 of Art. 154 Code of Criminal Procedure.

13. In part 4-5 commented articles established additional conditions The legality and validity of the suspension of the preliminary investigation. If the person to be attracted as the accused is not established, the suspect or the accused was hidden or absent for other reasons, then before the decision to suspend the preliminary investigation, the investigator is obliged to accept all stipulated by law Measures to their establishment, acting up to the expiration of the initial period of preliminary investigation. According to Part 1 of Art. 162 Code of Criminal Procedure, it is 2 months from the date of initiation of a criminal case.

14. In accordance with Part 5-6 of the commented article before issuing a resolution on the suspension of the preliminary investigation, the investigator is obliged to resolve a number of issues regarding property to which arrest was imposed. If appropriate measures are not accepted, a previously suspended criminal case must be resumed.

15. Part 8 of the commented article provides for the possibility of extending security measures and for that period when the criminal proceedings are suspended. In this case, the investigator with the consent of the head of the investigative body, depending on the presence or absence of grounds, makes a decision on the further use of security measures or their full or partial cancellation.

16. About the decision should be notified by the security agencies, as well as a person in respect of which the appropriate decision was made. The notification of other persons is not provided by law.

17. Although in part 8 we are talking about the investigator, if there are grounds, similar actions also performs the investigator, since according to Part 1 of Art. 223 Code of Criminal Procedure 28 Code to fully apply to a preliminary investigation in the form of an inquiry. To make resolutions related to ensuring security measures after the suspension of the inquiry, the consent of the prosecutor is required.

Consultations of lawyers under Art. 208 Code of Criminal Procedure

If you have any questions about Article 208 of the Code of Criminal Procedure and you want to be confident in the relevance of the information provided, you can consult the lawyers of our site.

You can ask a question by phone or on the site. Primary consultations are held free from 9:00 to 21:00 daily Moscow time. Questions received from 21:00 to 9:00 will be processed the next day.

1. The preliminary investigation is suspended in the presence of one of the following grounds:

1) the person to be attracted as the accused is not established;

2) the suspect or the accused disappeared from the investigation or the place of its location was not established for other reasons;

3) the location of the suspect or the accused is known, but there is no real opportunity to participate in a criminal case;

4) Temporary severe disease of the suspect or accused, certified by medical conclusion, prevents its participation in investigative and other procedural actions.

2. On the suspension of the preliminary investigation, the investigator makes a decree, a copy of which directs the prosecutor.

3. If two or more accused is attracted in a criminal case, and the grounds for suspending are not to all accused, the investigator has the right to allocate into separate production and suspend a criminal case against individual accused.

4. On the grounds provided for in paragraphs 1 and 2 of the first part of this article, the preliminary investigation is suspended only after its term. On the grounds provided for in paragraphs 3 and 4 of the first part of this article, the preliminary investigation may be suspended until the end of its term.

5. Before suspension of the preliminary investigation, the investigator performs all investigative actions, the production of which is possible in the absence of a suspected or accused, and takes measures to find it or the establishment of a crime.

6. If the criminal case is assigned to property in accordance with, the investigator before the preliminary investigation is obliged to establish circumstances confirming that the arrested property was obtained as a result of criminal actions of the suspect, the accused or was used or was intended for use as a tool, equipment or other means committing a crime either to finance terrorism, extremist activities (extremism), an organized group, illegal armed formation, a criminal community (criminal organization), and also consider the possibility of a possible change in restrictions related to ownership, use, ordered by the arrested property, or about the abolition of arrest imposed on property.

7. In the event that the grounds have not disappeared to apply proceeding measures in the form of arresting the property of persons who are not suspected, accused or persons who carry material responsibility for their actions, the investigator with the consent of the head of the relevant investigative body or the consent of the consent The prosecutor excites the corresponding petition in the order established by the court.

8. If a criminal case has previously decided to use in the implementation of state protection of security measures, the investigator with the consent of the head of the investigative body simultaneously with the suspension of the preliminary investigation makes a decision on the further use of security measures or on their full or partial cancellation, if for further use of measures The safety is lacking grounds provided for by the legislation of the Russian Federation, on the basis of information obtained from the security measures organ, or by the petition of the security body, or on the basis of a written statement of the persons specified in Part 2 of Article 16 of the Federal Law of August 20, 2004 N 119-FZ "On the state protection of victims, witnesses and other participants in criminal proceedings", which are subject to consideration on time. The decision of the decision is notified of the security agencies, as well as a person in respect of which such a resolution has been submitted.

Comment to Art. 208 Code of Criminal Procedure

1. Suspension of the preliminary investigation is a temporary break in criminal proceedings for the reasons specified in the Criminal Procedure.

2. The list of items listed in the commented article 208 of the Code of Powers of the suspension of the preliminary investigation is exhaustive. No other circumstances preventing the end of the investigation (for example, the absence or disease of the victim or a witness, the impossibility of their appearance to the place of production of the investigation) cannot serve as a basis for suspension of criminal proceedings.

3. The essence of the first of the foundations is that the investigator, having sufficient evidence of the existence of the very fact of the crime, does not have evidence indicating who made it and produce such evidence is not yet possible; The crime remains undisclosed.

4. The essence of the second base of the suspension of the preliminary investigation is that the investigator has sufficient evidence to present official suspicion or charges of a crime to a certain person, but does not know where it is located. And the place of residence of this person It may be unknown for various reasons. One of them the legislator formulates definitely: the suspect or the accused disappeared from the investigation. All other reasons are covered by the wording: "The place of its location is not established for other reasons."

5. The essence of the third basis of the suspension of the preliminary investigation is that the suspect or defendant in a criminal case is available, the place of its location is known, but the real possibility of his participation is temporarily absent, for example, because it cannot arrive at the investigator because of The lack of transport links, or due to the fact that, being abroad, for any reason can not cross the border of the Russian Federation with a neighboring state, etc.

6. The essence of the fourth basis of the suspension of the preliminary investigation is that the suspect or accused is seriously ill. And refers to both mental and other disease. In cases where, in connection with the mental illness of the accused, the stationary forensic psychiatric examination is appointed about their change, the criminal case should not be suspended. Examination production is a procedural action. Consequently, during its production, the investigation continues. It is enough to establish that the accused or suspect fell ill with a grave, but curable mental illness, which does not give reason to recognize it intimensional, but prevents its participation in investigative actions and does not allow to complete the investigation. If the face made an act, being unbearable, or sick after committing a crime with an incurable mental illness, which was confirmed by the examination, the investigation continues, but only already according to the rules stipulated for the production of compulsory medical measures.

7. The number of serious diseases belong to those in which the patient for a long time is established bed regime. The question of suspension of the preliminary investigation is solved in each particular case, depending on whether the accused can participate in investigative actions.

8. In addition to the basis of the suspension of the preliminary investigation, the law provides for certain conditionsthat need to be taken into account when solving the issue of suspension of criminal proceedings. The first condition: until the investigation is suspended, the investigator or a person who produces inquiry is obliged to fulfill all the investigative actions possible in the absence of the accused. This condition concerns the suspension of the case on any of the grounds.

9. The second condition concerns only suspension on two reasons - the first and second - and lies in the following: in the case when the suspect or the defendant disappeared from the investigation or the court or when its location was not established, as well as in the event of an unidentification of the person to be subject to Attracting as an accused, the investigation is suspended only after the expiration of its production. And if, before the end of the investigation established by the law, the investigator did not have time to fulfill all the necessary investigating actions, he should initiate a petition for the prosecutor's extension of the preliminary investigation.

10. In the case of a mental or other serious illness of the accused or suspected, the investigation into the case may be suspended before the end of the established period, if, of course, the first condition is observed, i.e. All investigative actions that can be produced in the absence of a fallen accused are fulfilled.

11. Suspend the investigation due to the fact that the accused or suspect disappeared, or their place of stay is not established, or such a place is known, but there is no real opportunity to participate in the criminal proceedings, but as a result of the disease, only in cases where in the case actually There is a figure of a suspect or accused in a strictly procedural sense of these concepts. Thus, in cases where the suspect from the investigation and the court is hidden or seriously ill with a person in respect of which there are certain evreed evidence, but they are not enough to attract this person as an accused and this person is not suspected in the sense, it is impossible to suspend the investigation. New evidence should be mined; The absence of those is tantamount to the uninstaluation of the person to be attracted as the accused, and the case is subject to suspension of the article on paragraph 1.

12. The investigation into the case is suspended by a motivated decision of the investigator, which presents the circumstances of the crime committed and the basis for which the case is subject to suspension. Associate agreement to suspend the investigation is not required. If there are two or more defendants in the case, and the grounds for suspending are not to all accused, the investigator has the right to allocate and suspend the case against individual accused or suspend production throughout the cause.

13. The suspension of the investigation means that no investigative actions can do after that. At the same time, criminal procedural measures that are laid in nature, such as the arrest of property or post-telegraph shipments, as well as control and record negotiations, are not canceled. The elected preventive measure is not canceled, if, of course, legal grounds did not disappear for its application. A criminal case suspended in the archive does not surrender and stored by the investigator.

Art. 208 Code of Criminal Procedure of the Russian Federation is a very significant article of the Criminal Procedure Code of the Russian Federation. Its main task is to regulate the procedure for termination of the preliminary investigation. In this article, you will learn about the fact that it is for the type of investigation, for which it is needed in criminal procedure legislation, and also learn about the basic rules and deadlines for the cessation of the investigation and how Art. 208 Code of Criminal Procedure applied in judicial practice.

Article 208 of the Code of Criminal Procedure of the Russian Federation


In Article 150 of the Criminal Procedure Code, two main types of investigators are distinguished:

  • inquiry;
  • preliminary investigation.

In contrast to the preliminary investigation, the inquiry is a simpler form of a preliminary investigation. Both processes occur in the case when the criminal case has not yet been initiated. The results of these two forms of investigation depends on whether the case will be initiated and on what basis.

This type of investigation sets a number of important tasks:

  1. Detection of causes, factors, circumstances and conditions that are related to a perfect act.
  2. Finding true perpetrators of the offense.
  3. The implementation of activities aimed at replacing any damage caused by the crime.

The investigation is the main activity of employees Investigative Committee The Russian Federation and the Ministry of Internal Affairs.

There are a number of reasons for which such a consequence is subject to termination. The procedure for its suspension and the deadlines are set forth in Article 208 of the Code of Criminal Procedure.

In accordance with the procedure set out in the new edition of Article 208 of the Code of Criminal Procedure, these reasons may be the following cases:

  • cases under which, during the investigation, there was no and established a person to be attracted to criminal liability (this condition regulates paragraph 1 of Part 1 of Article 208 of the Code of Criminal Procedure);
  • escape and the disappearance of the accused in Acts, as well as cases where the location of the suspect for any reason could not be established;
  • the alleged offender does not have the ability to participate in the criminal process for various reasons (paragraph 3 of the first part of Article 208 of the Code of Criminal Procedure);
  • cases in which the accused has a serious illness, which is documented, and in view of which the offender cannot participate in the criminal process.

The second part of this article states the following: In order for the preliminary investigation to be suspended, the investigator in the case is obliged to fulfill and make an appropriate decision. A copy of this document must be sent to the prosecutor for familiarization.

Before stopping the investigation, the investigator performs all the actions that are prescribed by law. If as a result of some circumstances in the investigation process there is no access to the accused, the investigator performs all possible actions By his search or to establish the personality of the criminal.

It is important to note the following: if during the criminal case it turned out that the offenders are more than two, while the existing grounds for suspending the investigation do not belong to each of them, the law enforcement officer may consider the possibility of suspending the case on individual criminals.

As for the duration of the suspension of the investigation, part 4 of Article 208 of the Code of Criminal Procedure provides for the following possibilities:

  1. If during the investigation, the guilty person was not established, or the accused managed to hide, the investigation can be stopped only when his term expires.
  2. If the offender does not have the ability to take part in the criminal process for various reasons, including the presence of severe illness, the investigation can be discontinued until its completion.

Separately, it is worth mentioning cases in which the arrest of property takes place. This procedure regulates Article 115 of the Code of Criminal Procedure (imposing arrest on property). In such situations, the investigator establishes all possible circumstances and facts that confirm that property has become someone's property precisely as a result of illegal activities, for example, if theft of this property was committed. The law enforcement will have to prove the fact of applying property as an instrument for committing criminal activity, including the financing of extremism, terrorism, etc. As a result of its activities, the investigator is obliged to make a decision regarding the further fate of the property: about the possibility of its transfer, ownership, application, and also on The ability to remove the arrest.

If the property that appeared in a criminal case, previously belonged to people who are not related to committed atrocities, the investigator is obliged to obtain the consent of the prosecutor to overlay arrest on property. After that during judicial trial The investigator applies to this in accordance with the procedure set out in Article 115 of the Code of Criminal Procedure (the imposition of arrest on property).

Some cases require the use of special security measures. Conducting these measures is also the responsibility of the investigator in a criminal case. After the consent of the head of his unit, he is entitled to suspend them or cancel completely and partially.

Thus, in Article 208 of the Code of Criminal Procedure of the Russian Federation, the main provisions and conditions under which the case and the investigation can be suspended and stopped. The main factors in such cases are the situation in which there is a future defendant, as well as the presence of a number of circumstances affecting further proceedings.

In the commentary on Article 208 of the Code of Criminal Procedure of the Russian Federation, the main provisions explaining the requirements that the article prescribes are set out.

Under the suspension of the preliminary investigation, it should be understood as the possibility of temporary termination of the office work, the cause of which the following factors can be:

  • the lack of the participation of the accused in office work;
  • lack of suspect.

The grounds for suspending the investigation can only be legal circumstances. Allocate the following groups of such circumstances:

  1. Physical circumstances that impede judicial proceedings, for example, the absence of a suspect or the absence of its participation in the investigation.
  2. Legal circumstances that do not allow to complete the investigation. Such obstacles arise as a result of the absence of the required level of competence. law enforcement agency To make one or another solution. Also, a legal obstacle can be the decision made Constitutional Court RF. Such a decision may arise as a result of the consideration of a citizen's complaint.
  3. There are internal circumstances, such as the timing of suspension of office work and the action of the investigator. Such factors do not affect the suspension of the investigation, but they certainly take into account the decision.


In order for the basis for termination of the investigation to be legal, their compliance needs to be the following criteria:

  • the case cannot be discontinued if there were no events, the composition of the crime, time, place, etc. In addition, the death of the accused and the expiration of the period and the statute of limitations are not grounds for termination of the case;
  • in the absence of an accused or suspected, the investigator is obliged to fulfill that activity that seems possible without the presence of the intruder. In addition, the investigator in this case should do everything possible for criminal prosecution.

Craftufacturing cannot be stopped without the presence of conditions set out in paragraphs 4 and 5 of Article 208 of the Code of Criminal Procedure.

In the old edition of the article from 2002, it was said about the possibility of suspending the case, subject to the identity of the suspect at the final stages of office work. This trend significantly reduced the level of criminal case, so such cases are no longer considered in the new edition of the article.

Article 208 of the Code of Criminal Procedure. Grounds, procedure and timing of suspension of preliminary investigation

New edition Art. 208 Code of Criminal Procedure

1) the person to be attracted as the accused is not established;

2) the suspect or the accused disappeared from the investigation or the place of its location was not established for other reasons;

3) the location of the suspect or the accused is known, but there is no real opportunity to participate in a criminal case;

4) Temporary severe disease of the suspect or accused, certified by medical conclusion, prevents its participation in investigative and other procedural actions.

2. On the suspension of the preliminary investigation, the investigator makes a decree, a copy of which directs the prosecutor.

3. If two or more accused is attracted in a criminal case, and the grounds for suspending are not to all accused, the investigator has the right to allocate into separate production and suspend a criminal case against individual accused.

4. On the grounds provided for in paragraphs 1 and 2 of the first part of this article, the preliminary investigation is suspended only after its term. On the grounds provided for in paragraphs 3 and 4 of the first part of this article, the preliminary investigation may be suspended until the end of its term.

5. Before suspension of the preliminary investigation, the investigator performs all investigative actions, the production of which is possible in the absence of a suspected or accused, and takes measures to find it or the establishment of a crime.

6. If the criminal case is assigned to property in accordance with part of the third article 115 of this Code, the investigator before the suspension of the preliminary investigation is obliged to establish circumstances confirming that the arrested property was obtained as a result of criminal actions of the suspect, the accused or was used or intended for use as Tools, equipment or other means of committing a crime or to finance terrorism, extremist activities (extremism), an organized group, illegal armed formation, a criminal community (criminal organization), and also consider the possibility of a possible change in the restrictions related to ownership, use, ordered by the arrested Property, or about the abolition of arrest imposed on property.

7. In the event that the grounds have not disappeared to apply proceeding measures in the form of arresting the property of persons who are not suspected, accused or persons who carry material responsibility for their actions, the investigator with the consent of the head of the relevant investigative body or the consent of the consent The prosecutor excites the appropriate application before the court in accordance with the procedure established by Article 115.1 of this Code.

8. If a criminal case has previously decided to use in the implementation of state protection of security measures, the investigator with the consent of the head of the investigative body simultaneously with the suspension of the preliminary investigation makes a decision on the further use of security measures or on their full or partial cancellation, if for further use of measures The safety is lacking grounds provided for by the legislation of the Russian Federation, on the basis of information obtained from the security measures organ, or by the petition of the security body, or on the basis of a written statement of the persons specified in Part 2 of Article 16 of the Federal Law of August 20, 2004 N 119-FZ on state protection of victims, witnesses and other participants in criminal proceedings ", which are subject to consideration on time. The decision of the decision is notified of the security agencies, as well as a person in respect of which such a resolution has been submitted.