The preliminary investigation is not necessarily, and therefore the investigation can be carried out in the form of an inquiry in the presence of two conditions at the same time: 1) the case was initiated against a particular person; 2) refers to the number of those specified in Part 3 of Art. 150 Code of Criminal Procedure. Part 3 Art. 150 Code of Criminal Procedure contains an exhaustive list of transparencies by which the inquiry authority has the right to independently investigate (subject to their evidence). All these crimes belong to the category small and middle severity. For everyone without exception, the investigation can be carried out only in the form of preliminary investigation. As in the Criminal Procedure of the RSFSR, the Code of Criminal Procedure provides the prosecutor the right to replace the inquiry on any of the above cases on preliminary investigation. At the same time, in contrast to the Criminal Procedure of the RSFSR, the Code of Criminal Procedure establishes the possibility of replacing the preliminary investigation into the inquiry. In accordance with paragraph 2 of Part 3 of Art. 150 Code of Criminal Procedure The investigation in the form of an inquiry is possible according to any (including non-obvious) crime of small and moderate. Replacing the inquiry for a preliminary investigation, as well as the preliminary investigation into inquiry, it is possible only by the written director of the prosecutor. In accordance with Part 1 of Art. 223 Code of Criminal Procedure, inquiry in criminal cases specified in Part 3 of Art. 150 Code of Code of Criminal Procedure, initiated against specific persons, is made in the manner prescribed by chapters 22 and 24-29 of the Code of seizures provided for by this chapter. From this rate it follows that the general conditions of the preliminary investigation are applied to inquiry, as well as on the preliminary investigation: the rules on the territorial congestion, discharge, compounds and allocations of the criminal case or the materials of the criminal case, the timing, participation of specialists, translator, witnesses, the general conditions of production investigative actions and the procedure for the production of each of them, etc. It should also be noted that, although about it in Part 1 of Art. 223 The Code of Criminal Procedure is not directly said, in the production of inquiry, it is necessary to be guided by the norms of the general part of the Criminal Procedure Code (Chapter 1-18 of the Code of Criminal Procedure), as well as the norms that establish the procedure for initiating criminal cases (Chapter 19 of the Code of Criminal Procedure). The features of the inquiry as one of the forms of preliminary investigation, distinguishing this form on the preliminary investigation, are: 1. Timing. In accordance with Part 2 of Art. 223 Code of Criminal Inquiry is carried out within 15 days from the date of the initiation of the criminal case and until the day of deciding on the direction of the criminal case to the prosecutor. This period can be extended by the prosecutor, but not more than 10 days. In this way, maximum time Inquiry - 25 days, and no one time to extend this time. This means that if at the specified period, the investigation in the form of inquiry is not completed, the prosecutor must be a written indication to convey the case to further investigate the investigator, and the investigation will be completed already in the form of preliminary investigation. 2. Article 224 of the Code of Criminal Procedure establishes the following rule. With regard to a person suspected of committing a crime, the confusion is entitled to initiate a prosecution against the court with the consent of the Prosecutor's prosecutor of the prosecution in the form of imprisonment in the order of Art. 108 CPC. In this case, the accusatory act is drawn up no later than 10 days from the date of conclusion of the suspicion of custody. If it is impossible to draw up an indictment within this period, the suspect is charged in the manner prescribed by the head 23 of the Code of Criminal Procedure, or this preventive measure is canceled. However, it should be noted: 1) that in Art. 97, 100-108 Along with other persons who are entitled to choose a suspected preventive measure, the investigator is also indicated. So, as a measure of curbing, the investigator may elect not only detention, but also any other of the preventive measures specified in Art. 98 CPC; 2) that Art. 100 CPC sets general rules Election of any preventive measure (and not just detention). If you select any preventive measure against a suspect, the prosecution should be filed no later than 10 days from the time of the use of preventive measure. If during this time the accusation is not before, then the preventive measure is immediately canceled; 3) Part 2 of Art. 224 Code (in this norm, a 10-day term is proposed for calculating from the date of detention) contradicts Art. 100 CPC, according to which, if the accused was detained, and then imprisoned, a 10-day term is calculated from the date of detention. Since art. 100 is located in the general part of the Criminal Procedure, it should be guided by this particular article. Thus, if the investigator decided to elect a suspected preventive measure (and not only detention, but also any other), the period of inquiry is actually declining to 10 days, calculated from the moment of detention or election of preventive measure. And this period cannot be extended by the prosecutor in the order of Part 2 of Art. 223 CPC for another 10 days. Since the rules of chapter 23 of the Code of Criminal Proceeds are not applied to the inquiry, the investigator does not have the accusation, then in situations, when the investigator elected the measure of preventiveness, but the inquiry could not be completed at a 10-day term and cannot be canceled to cancel the measure of the prosecutor. Inquiries should be Replaced with a preliminary investigation. 3. In the promotion of the inquiry, the prosecution is not presented, the decision to attract as the accused is not taken out. The accused appears after the end of the inquiry and compilation of the indictment. 4. In contrast to the preliminary investigation, the inquiry ends with the submission of an indictment, but an indictment. In the indictment should be indicated: 1) the date and place of its compilation; 2) position, surname, initials of a person who has compiled; 3) Person data attracted to criminal responsibility; 4) the place and time of committing a crime, its ways, motives, goals, consequences and other circumstances that are important for this criminal case; 5) the formulation of the charge with an indication of paragraph, part, articles of the Criminal Code Russian Federation; 6) a list of evidence confirming the accusation and a list of evidence referenced by the Protection Party; 7) circumstances mitigating and aggravating punishment; 8) data on the victim, the nature and size of harm caused to him; 9) A list of persons to be called to the court (part 1 of Art. 225 of the Code of Criminal Procedure). The main difference between the indictment from the indictment is that it contains not only a decision on the sufficiency of evidence for the direction of the case into court, but also to attract a particular person as the accused. 5. The accused, his defender, the victim or his representative (on their request) get acquainted with the material not before, and after drawing up the indictment. 6. Civic defendant, civil plaintiff, their representatives with the materials of the completed inquiry are not acquainted. 7. The indictment must be approved by the head of the inquiry authority. 8. In the production of inquiry to the investigator, the rules established by Part 4 of Article 41 of the Code of Criminal Procedure are not covered: appealing any written instructions of the prosecutor or the head of the inquiry authority, respectively, the superior or superior prosecutor does not suspend their execution. After approval of the indictment, the head of the inquiry authority, the criminal case with the accusatory act is sent to the prosecutor. According to the criminal case received from the authority, the prosecutor for two days is obliged to accept one of the following decisions: 1) on the approval of the indictment and the direction of the criminal case into court; 2) on the return of the criminal case to redeems the indictment, in case of its inconsistency, the requirements of Art. 225 CPC, with his written directions. At the same time, the prosecutor can extend the period of inquiry, but not more than 3 days; 3) on the termination of a criminal case on the grounds provided for by Art. 24-28 Code of Criminal Procedure; 4) On the direction of the criminal case for the production of preliminary investigation. When approving the indictment, the prosecutor is not obliged to make a separate decree, sufficiently resolutions on the most indictment act. When making any other decision, the prosecutor is obliged to make a separate decree. It should be noted that the Code of Criminal Procedure does not provide for the possibility of returning a criminal case for production additional investigation In the form of an inquiry. As noted above, if an inquiry authority in deadlines I did not cope with the investigation, it is replaced by a preliminary investigation. When approving the indictment, the prosecutor has the right to exclude certain points of charge from it or retrain the accusation of less serious. A copy of the indictment is awarded to the accused and his defender. The Criminal Procedure is not defined, who exactly should give a copy of the indictment. It seems that it can do it both the prosecutor himself and, on behalf of the prosecutor, the investigator. When changing the prosecutor, the accused and his defender, together with a copy of the indictment, a copy of the prosecution of the prosecution should also be presented. The competence on the investigation of crimes of different categories between the investigators is delimited in part 3 of Art. 151 CPC. The inquiry is produced: 1) the investigators of the tax police bodies - in criminal cases of crimes provided for in Part 1 of Art. 198 and part 1 Art. 199 Criminal Code64; 2) the inquiries of the border service authorities of the Russian Federation - in criminal cases of crimes provided for by Art. 253 and 256 (in terms of the illegal extraction of aquatic animals and plants discovered by the border service authorities of the Russian Federation), part 1 of Art. 322 and part 1 Art. 323 of the Criminal Code of the Russian Federation, as well as the crime provided for in Part 1 of Art. 188 of the Criminal Code (in terms of smuggling detained by the border office bodies in the absence of customs authorities of the Russian Federation); 3) the investigators of the service authorities bailiffs Ministry of Justice of the Russian Federation, specified in paragraph 2 of Part 1 of Art. 40 Code of Criminal Procedure, - in criminal cases of crimes provided for in Part 1 of Art. 294, Art. 297, part 1 Art. 311, Art. 312 and 315 of the Criminal Code of the Russian Federation; 4) the investigators of the customs authorities of the Russian Federation - in criminal cases of crimes provided for in Part 1 of Art. 188 and Art. 194 of the Criminal Code of the Russian Federation; 5) the investigators of state bodies fire service - In criminal cases of crimes provided for by Part 2 of Art. 168, Part 1 Art. 219, Part 1 Art. 261 of the Criminal Code (as amended by Federal Law of May 29, 2002 No. 58-FZ); 6) the investigators of the Ministry of Internal Affairs - to all other cases, according to which the preliminary investigation is not mandatory (Part 3 of Art. 150 of the Code of Criminal Procedure).

Criminal Procedure Code, N 174-FZ | Art. 223 Code of Criminal Procedure

Article 223 of the Code of Criminal Procedure. The order and deadlines of the inquiry ( acting editorial)

1. A preliminary investigation in the form of an inquiry is carried out in the manner prescribed by chapters 21, 22 and 24 - 29 of this Code, with seizures provided for by this chapter.

2. Inquiry is carried out in criminal cases specified in the third part of Article 150 of this Code.

3. Inquiry is made 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.

3.1. The suspended inquiry can be resumed on the basis of the ruling of the prosecutor or the chief of the division of the inquiry in the cases provided for in Article 211 of this Code.

3.2. Recognizing the decision to suspend the production of inquiry in the criminal case illegal or unreasonable, the prosecutor for a period no later than 5 days from the date of receipt of the criminal case material cancels it, which makes a motivated resolution with the presentation of concrete circumstances to be investigated, which, together with the materials of the criminal case, immediately sends Head of the Inquiry Body. At the same time, in case of expiration of the duration of the inquiry, the prosecutor sets the period of additional inquiry no more than 10 days. Further extension of the duration of the inquiry is carried out on general grounds in order, installed parts Third, fourth and fifth this article.

3.3. Recognizing the decision to suspend the production of inquiry in the criminal case unreasonable, the head of the division of the inquiry makes a reasoned decree on its abolition and renewing the production of inquiry, and in the event of the foundations provided for in paragraphs 1 and 2 of the first part of Article 211 of this Code, to resume it. If necessary, the period of additional inquiry is established by the prosecutor to 10 days on the basis of the petition of the chief of the division of the inquiry. Further extension of the duration of the inquiry is carried out on the general basis in the manner prescribed by the parts of the third, fourth and fifth of this article.

4. In the necessary cases, including related to production forensic examinationThe period of the inquiry provided for by part of the third article may be extended by the prosecutors of the district, the city, an equal to them by the military prosecutor and their deputies to 6 months.

5. In exceptional cases associated with the execution of the request for legal aidDirected in the manner provided for in Article 453 of this Code, the period of inquiry may be extended by the prosecutor of the constituent entity of the Russian Federation and the military prosecutor equated to it up to 12 months.

6. Renewal of the suspended inquiry or extending the duration of the investigator in criminal cases in the production of investigator Investigative Committee The Russian Federation is carried out by the relevant head of the investigative body of the Investigative Committee of the Russian Federation in the manner prescribed by the parts of the third - fifth of this article.

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Inquiry - The form of a preliminary investigation carried out by the investigator (investigator) in a criminal case, according to which the preliminary investigation production is optional (paragraph 8 of Art. 5 of the Code of Criminal Procedure).

Thus, only the procedural activity of the body of inquiry in criminal cases, according to which the production of preliminary investigation is optional may be called inquiry. The production of urgent investigative actions in accordance with Art. 157 Code of Criminal Procedure is not inquiry.

Inquiry produced:

• (1) Internal Affairs Internal Affairs Internal Affairs Authorities - for all criminal cases specified in Part 3 of Art. 150 Code of Criminal Procedure, with the exception of the criminal cases specified in paragraph 3-6 hours 3 of Art. 151 Code of Criminal Procedure;
• (2) border border investigators Federal Service security - in criminal cases of crimes envisaged by paragraph 3 of Part 3. Art. 151 Code of Criminal Procedure;
• (3) the inquiries of the bodies of the Federal Bailiff Service - in criminal cases of crimes provided for by paragraph 4 of Part 3 of Art. 151 Code of Criminal Procedure;
• (4) the inquiries of the state fire supervision authorities of the Federal Fire Service - in criminal cases of crimes provided for by paragraph 6 of Part 3 of Art. 151 Code of Criminal Procedure;
• (5) Investigators of the Investigative Committee of the Russian Federation - in criminal cases of crimes provided for by paragraph 7 of Part 3 of Art. 151 Code of Criminal Procedure;
• (6) The investigators (investigators) of the control bodies for drug trafficking and psychotropic substances - in criminal cases of crimes provided for by paragraph 8 of Part 3 of Art. 151 Code of Criminal Procedure;
• (7) The investigators of the customs authorities of the Russian Federation - in criminal cases of crimes provided for by paragraph 9 of Part 3 of Art. 151 Code of Criminal Procedure.

From the point of view of the legislator, the investigator is not the only subject of inquisition, they are also the investigator. If there is no objections to the inquiry and his official person to the inquiry and his official person, the investigator does not arise about what they are mentioned in the law as such, then the investigator appears in this group looks very doubtful. The investigator cannot be guided in its activities by the procedural regime of inquiry: a shortened degree of investigation, the preparation of the final procedural document - the indictment, approving it from the head of the inquiry authority, etc.

The point of view is considered traditional for the theory of the criminal proceedings that each form of preliminary investigation corresponds to its subject endowed with appropriate authority. The preliminary investigation is carried out by the investigator, and inquiry - the body of the inquiry in the person of the investment. This and next other feature, the specified forms of preliminary investigation were always delimited by each other.

In criminal cases, the investigators may investigate, but only in the form of preliminary investigation. Part 4 Art. 150 Code of Criminal Procedures of the Russian Federation provides that "on the written director of the prosecutor, criminal cases specified in paragraph 1 of part of the third of this article can be transferred to the production of preliminary investigation." Cases of production by investigators in the investigator in practice and was not fixed. Therefore, the provisions of the Law (clause 8 of Article 5, paragraph 7 and 8 of Part 3 of Article 151 of the Code of Criminal Procedure) on the production of investigators inquiries contradict traditional views on this form of preliminary investigation.

Procedure for the production of inquiry in very general Dan in part 1 and 2 tbsp. 223 Code of Criminal Procedure. A preliminary investigation in the form of an inquiry is carried out in the manner prescribed by ch. 21, 22, 24-29 of the Code of Criminal Procedure, with seizures provided for by ch. 32 Code of Criminal Procedure. Thus, all the rules relating to the general conditions for the preliminary investigation, the production of investigative actions, suspension and resumption of preliminary investigation, termination of criminal cases are distributed. If the rules set for inquisition are contrary to the rules of preliminary investigation, then apply special rulesRegulatory inquiry.

The inquiry is carried out in criminal cases of crimes of small and medium severity listed in paragraph 1 of Part 3 of Art. 150 Code of Criminal Procedure, for which the production of preliminary investigation is not necessary. In addition, the inquiry can be carried out in criminal matters and other crimes of small and medium severity, but only on the written director of the prosecutor (paragraph 2 of Part 3 of Article 150 of the Code of Criminal Procedure).

According to Art. 223 Code of Criminal Procedure The term of the inquiry is 30 days from the date of initiating a criminal case. If necessary, it can be extended by the prosecutor to 30 days. In the necessary cases, including the proceedings associated with the production of forensic examination, the period of inquiry can be extended by the prosecutors of the district, the city, an equivalent to the military prosecutor and their deputies to six months. In exceptional cases related to the execution of a request for legal assistance directed in the manner prescribed by Art. 453 Code of Criminal Procedure, the period of inquiry can be extended by the prosecutor of the constituent entity of the Russian Federation and an equivalent to a military prosecutor to 12 months.

For those situations where the criminal case is initiated on the fact of the crime and, during the inquiry, sufficient data obtained, giving reason to suspect a person in committing a crime, the legislator provided for procedural document - notice of suspicion of committing a crime. According to the rules of Part 2 of Art. 223.1 of the Code of Criminal Procedure in the notice of suspicion of committing a crime should be indicated: (1) Date and place of compilation;

• (2) Surname, initials of the face, which made it; (3) Surname, name and patronymic of the suspect, number, month, year and place of his birth;
• (4) a crime description indicating the place, time of its commit, as well as other circumstances to be proof in accordance with paragraph 1 and 4 h. 1 of Art. 73 Code of Criminal Procedure; (5) clause, part, Article of the Criminal Code of the Russian Federation, which are responsible for this crime.

In the presence of data that gives reason to suspect a person in committing several crimes envisaged by different paragraphs, parts, articles of the Criminal Code, the notice of suspicion of committing a crime must be indicated in which acts this person Suspected by each of these norms of the criminal law.

To make up such a notice, the investigator presents it to a copy of the suspect and explains him of his rights, about which the protocol is drawn up on the presentation. A copy of the notice of suspicion of a crime is also sent to the prosecutor. Within three days from the moment of handing out the person notice of suspicion of committing a crime, the investigator must interrogate the suspect essentially suspicion. When establishing one criminal case, several suspected notice of suspicion of committing a crime is awarded to each of them.

In the event of an inquiry, any preventive measures from among those are provided for by law can be applied to the suspect. This follows from the content of paragraph 13 of Art. 5 Code of Code of Criminal Procedure, which states that the election of preventive measures is the adoption by the investigator, the investigator and the court of a decision as far as the suspect, accused, as well as Art. 97, 100-108 Code of Criminal Procedure, where the investigator is listed along with other bodies and officials.

At the same time, the law also determines that preventive measures are applied, as a rule, to the accused, and only in exceptional cases they can be elected against the suspect. At the same time according to the rules of Art. 100 Code of Criminal Procedure The prosecution must be presented to a suspect no later than 10 days from the date of use of the preventive measure, and if the suspect was detained, and then enclosed in custody - in the same period since the detention. After the expiration of 10 days, if the prosecution is not presented, the preventive measure is immediately canceled. If it is impossible to make an indictment within a 10-day period from the date of the conclusion of the suspect, the legislator provided for the possibility of concluding the general grounds and common order, after which the production of inquiry continues in the manner prescribed by ch. 32 Code of Criminal Procedure, or this preventive measure must be canceled (part 3 of Art. 224 of the Code of Criminal Procedure).

The inquiry is suspended in general order, i.e. In accordance with Chapter 28 Code of Criminal Procedure. The main features concern only the order of its renewal. So, in cases provided for by Art. 211 Code of Criminal Procedure, suspended inquiry It can be resumed on the basis of the ruling of the prosecutor or the chief of the division of the inquiry.

According to Art. 223.2 Code of Criminal Procedure The production of an inquiry in a criminal case in case of its complexity or large volume can be entrusted to the group of investigators (by analogy with the investigative group), as a separate decree is made or indicated in the decision on the initiation of a criminal case. The decision on the production of the inquiry of the group of investigators, the head of the inquiry authority is adopted about the change in its composition. The ruling should be listed all the investigators who are entrusted with the production of inquiries, including it is indicated which the investigator is appointed by the head of the Distributors Group. The work of the group of investigators can be attracted officers Organs carrying out operational investigative activities. The composition of the Distributors Group is declared a suspect accused.

The head of the Distributors Group is committing a criminal case to its production, organizes the work of a group of the Distributors, manages the actions of other investigators, constitutes an indictment, and also makes decisions:

• (1) on the allocation of criminal cases into separate production;
• (2) termination of the criminal case in whole or in part;
• (3) suspension or resumption of criminal proceedings;
• (4) written notice of suspicion of committing a crime;
• (5) attracting a person as an accused and the amount of charges that prevent him;
• (6) The direction of the accused medical organizationproviding medical care in stationary conditions, or to a medical organization providing psychiatric assistance in stationary conditions, for the production of judicial-medical, forensic drug examination, except for cases when a court decision is required for this;
• (7) excitement to the prosecutor of the petition for the extension of the dignity of the inquiry;
• (8) initiated with the consent of the prosecutor to the court of a petition for the election of the preventive measure, as well as the production of investigative and other procedural actions requiring a court decision.

The head and members of the group of the Distributors have the right to participate in investigative actions produced by other investigators, to personally produce investigative actions and make decisions in a criminal case in the manner prescribed by law.

Ends inquiry accusatory act or decree on the termination of a criminal case (paragraph 2 of Part 1 of Art. 158 of the Code of Criminal Procedure).

The indictment is not only a final solution of the inquiry conducted, but also a procedural document, on the basis of which the suspect acquires the procedural status of the accused. This is its main difference from the indictment, which completes the preliminary investigation. In addition, the indictment in accordance with Part 4 of Art. 225 Code of Code of Criminal Procedure requires approval from the authority of the Inquiry authority.

At the end of the inquiry, not only the materials of the criminal case are provided for review, but also an indictment. This inquiry also differs from another form of a preliminary investigation - preliminary investigation. The sequence of the procedure for familiarizing the materials of the criminal case at the end of the inquiry and preliminary investigation is also different. So, at the end of the preliminary investigation, the victim becomes the victim, and then the accused, and at the end of the inquiry the victim gets acquainted after the accused. Civil defendant, civil plaintiff and their representatives with the materials of the completed inquiry are not acquainted.

After all these actions, the criminal case and the indictment are sent to the prosecutor to make them decisions in accordance with Art. 226 Code of Criminal Procedure. And at this stage of the end of the inquiry, another important feature of this form of a preliminary investigation is manifested - the prosecutor may decide on the direction of the criminal case for the production of preliminary investigation (paragraph 4 of Part 1 of Art. 226 of the Code of Criminal Procedure of the Russian Federation).

Thus, the characteristic of the preliminary investigation and inquiry shows that each of these forms of preliminary investigation has as common featuresand its own specific features. Inquiry is considered as an independent form of a preliminary investigation along with a preliminary investigation. At the same time, the inquiry is inseparable from the preliminary investigation at least because both of them are two forms of preliminary investigation and have a single goal - to investigate a criminal case, collect evidence to (for) judicial review. Meanwhile, all this does not mean erasing the faces of the differences between inquiry and preliminary investigation, it cannot be replaced by a preliminary investigation, however, as well. The establishment of clear criteria for their separation in the law is the key to the success of the effectiveness of production in a criminal case.

The current criminal procedural legislation in the Russian Federation provides for two forms of the production of pre-investigation:

1. 1. inquiry;
   2. preliminary investigation.

Such differentiation is due to a large number of collaborators, both material and legal and procedural preschool: various severity of the investigated crimes, etc.

At the same time, both inquiry, and a preliminary investigation, the sustaining forms of one and the same stage of the procedural act - a preliminary investigation, are aimed at achieving a common goal and solving general procedural percentages. Consequently, the order of their implementation is very close to a friend. This is particularly expressed:

• • in general conditions preliminary investigation
  • in uniform methods of collecting and verifying evidence,
  • in the same requirements for luxury rights and legitimate interests Participating
  • in identical means state coercion etc.

And dose-native, and the investigator are endowed with other common procedural powers; The activities of both these participants are carried out under the condition of judicial and departmental con-trol, as well as prosecutor's supervision.

Evidence, selected in the production of inquiry, have the same legal force, as well as evidence collected during the preliminary investigation.

The preliminary investigation is considered the main form of investigation.Since it most fully presents all the procedural possibilities of pre-trial production and the GA-RANTI of the rights of participating persons. Therefore, the investigation into the majority of criminal cases is carried out in the form of pre-versatile investigation.

In turn, inquiry is an ordustic form of investigation. Its holding is possible only by some criminal cases of the crimes of small or medium severity listed in Part 3 of Art. 150 CPC and not of great complexity in the investigation.

Inquiry:

1. 1. the production of urgent investigative actions, accomplishing the inquiry authorities in certain cases with the on-line of signs of a crime, according to which the production of preliminary investigation is required (Article 157 of the Code of Criminal Procedure);
   2. actually an inquiry ("simplified" investigation - in some textbooks) (Art. 223-225 of the Code of Criminal Procedure);
   3. abbreviated inquiry (Art. 226.1-226.9 Code of Criminal Procedure) - introduced in March 2013.

The first type of inquiries is calculated in cases where the next time due to objective reasons is overloaded or the investigative-operational group in place due to the travel, the fulfillment of urgent work in another criminal case. At the same time, in the Code of Criminal Procedure, the production of urgent investigative actions is clearly attributed to any dignity or a preliminary investigation.

The second form is actually inquiry, i.e. "SSCO-RENNY" (simplified) investigation of crimes in the manner and the SRO-KAH, indicated in ch. 32 Code of Criminal Procedure (Art. 223-225) in criminal cases specified in Part 3 of Art. 150 Code of Criminal Procedure.

Inquiry in abbreviation form is made on the basis of the petition of the suspect on the criminal proceedings in the abbreviated form and in the presence of the following conditions:

• • the criminal case was initiated against a specific person on the signs of one or more crimes specified in paragraph 1 of part of the third Art. 150 Code;
  • the suspect recognizes its guilt, the nature and size of harm crime, and also does not dispute the legal assessment of the act given in the decision on the initiation of a criminal case;
  • there are no envisaged Art. 226.2 Code circumstances excluding the production of inquiry in abbreviated form.

In accordance with Part 1 of Art. 223 Code of Code of Criminal Inquiry is pro-lapse according to the same rules as the preliminary follow-up, but with the exception of some procedural especially.

The difference between the inquiry from the preliminary investigation:

1. 1. In the criminal procedure regulation method. So, co-vowelno h. 2 tbsp. 150 OPC production preliminary trace is mandatory For all criminal cases, for the use of those for which inquiry can be conducted. This means that by the rest of the cases listed in part 3 of Art. 150 CPC, it is possible to conduct an inquiry. Inquiry, if necessary, including the written director of the prosecutor, can be replaced by a preliminary investigation.
   2. In subjects. So, inquiry in criminal matters is in the investigator. And only in exceptional cases, preparing paragraph 7, 8 h. 3 of Art. 151 Code of Criminal Procedure, inquiry can be conducted by the investigator (in particular, in criminal cases associated with special legal status The suspect or the victim inquiry is carried out by investigators of the investigative committee under the Prosecutor's Office of the Russian Federation).
   3. In terms. So, less long-term procedural timewhich, moreover, have their own pre-lies regulated by Part 4, 5 of Art. 223 CPC. Therefore, if the dose-native cannot finish the investigation into the period established by law, the criminal case is subject to transmission for the further production to the investigator.
   4. IN procedural status Personal persecution. So, during the inquiry, the person in respect of which is carried out by criminal prosecution, gets the status of the accused only on the very last stage - At the time of submission to his indictment (before that, throughout the previous procedural activities of the investigator, this face is in the status of the suspect). In this regard, the legislator provides for a special, specially cyphic "procedure for making the status of the suspect, characteristic exclusively for inquiry - the direction of uve-domain on suspicion of committing a crime (Art. 223.1 of the Code of Crime); in the course of the preliminary investigation, the person depending on the nature of The crime and the concrete circumstances of the criminal de la can receive the status of the accused at any stage.
   5. In the method of forming the position of the part of the accusation for the next trial. The position of the accusation in the form of an inquiry is expressed in rendering the accusable act regarding the suspect. This procedural document (Art. 225 of the Code of Criminal Procedure) combines elements and decisions on attracting as an accused, and indictment. The preliminary trace is characterized by a two-stage method of forming a position of the accusation: Initially, the investigator attracts a person as an accused (in the manner prescribed by Chapter 23 of the Code of Criminal Procedure), and then the indictment is drawn up.
   6. In the ratio of prosecutor's supervision and departmental control. So, the powers of the prosecutor for the inquiry are very significant. According to Part 2 of Art. 37 Code of Criminal Procedure and a number of other provisions of the law, the investigator must coordinate with the procuer whole line Procedural decisions, as well as directions to the court of petitions. In addition, the prosecutor is based on the extension of the deadlines of the inquiries, about the discharges and sa-ideas of the investigator, to delete it from the investigation, etc. The prosecutor has the right to influence the course of the inquiry, giving mandatory written guidelines on the direction Investigations, on the production of individual investigative actions, etc. It also includes consideration of complaints against actions (inaction) and solutions of the investigator with the rule of their abolition or partial change, approval of the accurate act and many other procedural fully-chii. Prosecutor supervision The prior investigation is reduced only to some authority. Departmental control Behind the prior investigator, the head of the investigative body is carried out. The departmental control over the activities of the investigator is carried out by the head of the inquiry authority and the head of the sub-division of the inquiry, which in accordance with Art. The 401 and 41 of the Code of Criminal Procedure are endowed with some functions for coordinating this former investigation, as well as to ensure the legality and aspirational solutions of the investigator.
   7. In the form of completion of the preliminary investigation. The inquiry may end with the termination of the criminal de la (ch. 29 of the Code of Criminal Procedure) and its direction to the court with an accusatory Ak Tom (Art. 225, 226 of the Code). In addition, the inquiry may be completed by changing the form of a preliminary investigation, i.e. By transferring a criminal case for further production of the preliminary investigation. For preliminary investigations, such forms of completion of the investigation are characterized as the termination of a criminal case (ch. 29 of the Code of Criminal Procedure) and the direction of a criminal case in court with an indictment (ch. 30, 31 of the Code of Criminal Procedure). In addition, the preliminary investigation can end and another specific form - the direction of the criminal case materials to the court for the application of forced medical measures (Art. 439 of the Code of Criminal Procedure).
      

Man's activities are far from being defended. Very often, people go beyond the framed. Such acts are called offenses, because they actually destroy the existing legal order in the state. Of course, the degree of damage public relations From this kind of action can be completely different. It all depends on the severity of the perfect act. At the same time, not only the offense is of great interest, but also the process of their identification and suppression.

In the Russian Federation, they are engaged in specials that are authorized to implement certain activities by law. The type of offenses in this case plays a big role. From this factor will depend on the form of the proceedings and the type of department, which will be directly implemented.

As we know, criminal offenses are most dangerous to society. Such actions are prosecuted by the current legislation, and for their commitment provides for legal liability in accordance with the sanctions of the Criminal Code of Russia. The proceedings for crimes, in turn, is carried out in the form of a pre-trial investigation, which has two forms: a consequence and inquiry. The last type has its own features and specific legal regulations.

Investigation. Concept

Crime proceedings are characterized by a number of certain specific aspects. Forms of this activity are elements of one institute - investigation of crimes. In science, it is presented as a number of actions of the authorized bodies carried out in order to obtain any information on perfect socially dangerous acts.

In addition, the investigation is made to identify the conditions and reasons for the crime, persons who have implemented it, as well as for applying criminal responsibility measures. The activity of this kind developed many years in a row in the territory of the modern Russian Federation. To date, the investigation of crimes is carried out by representatives of the relevant law enforcement agencies in Russia in such forms as preliminary inquiry and consequence. It should be noted that both types have common and various features.

The difference between the investigation

So, we found out that the inquiry is one of the elements or forms of investigation of crimes. However, there is such a concept as a result. Very often inquiry and consequence confused among themselves. To delimit the essence of terms, it is necessary to figure out their meaning.

First of all, you should consider the fact that inquiry and consequence are the forms of investigation of crimes. That is, in both cases, we are talking about establishing actual data on a committed socially dangerous act. But there are their nuances. The main demarcation factor is the severity perfect crimes. In other words, the inquiry is carried out on the acts of small and moderate severity, and the investigation is in a grave and particularly heavy.

According to the result of each activity, its own document is drawn up. With an inquiry, we have an indictment, and when investigated, an indictment. Thus, the presented forms of activity are completely different. Therefore, inquiry and preliminary investigation must be understood and distinguished, since the degree of measures used legal responsibility In both cases there will be different.

The concept of inquiry

When analyzing any phenomenon, it is necessary to take into account its meaning. After all, it is in the concept of concealing the basic essence and the possibility of this or that activity. Thus, inquiry is a form of investigation of crimes, which has already been indicated above, the purpose of which is the implementation of the proceedings on the fact of committing crimes of small and medium severity.

It is worth noting that this form Investigations are 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 Institute of Inquiry plays a large role for a scientific study of the investigation within domestic legislation.

Characteristic features of the Institute

The implementation of the inquiry occurs in the strict procedural framework. At the same time, there are specifics of this form of investigation, which manifests itself in several specific aspects, namely:

• inquiry is carried out only on cases in which there is a suspect;
• according to the result, an indictment is published;
• conducting inquiry occurs for thirty days;
• the continuation of the period of inquiry is allowed, but not more than thirty days;
• the described form of investigation is implemented by different law enforcement agenciesin which there is an inquiry department.

Presented features fully disclose the specifics of the Institute and its ability to investigate criminal offenses.

Forms of inquiry

With all the simplicity of its regulation, the institute described in the article can be implemented completely differently. The implementation algorithm will depend on the form of an inquiry. To date, there are several major forms, if we take into account the provisions of the current criminal procedure legislation:

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

The last form is the easiest, if you compare it with two others. Its essence is that the inquiry authorities after implement the necessary investigative actions, the purpose of which is to fix traces of a socially dangerous act. A feature of the form is the fact that after the implementation of all necessary activities, the materials are transferred to the investigator. That is, this type of inquiry exists to ensure the investigation of the whole, in order to prevent the loss of any important information and so on.

Abbreviated form

Quite interesting is the inquiry of the abbreviated type. This kind of procedural activity is quite possible if we take into account the provisions of domestic legislation. Abbreviated inquiry is the production applicable in the event of an irrefutable and indisputable involvement of a particular person to a crime. This form exists to limit the irrational waste of funds and forces of investigative bodies, which may arise due to the proceedings. In essence, the abbreviated inquiry is the ability to save time. But for the production of such a form it is necessary to have a number of mandatory moments.

Specificity of production

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

• the criminal case is initiated on the fact of the crime;
• the suspect fully recognizes the act performed by him, the harm caused to them, and also does not dispute legal qualifications;
• circumstances that prevent the implementation of the inquiry are absent.

The last item is of great importance. Its elements are represented in

Facts excluding abbreviated inquiry

The presented norm, that is, Article 226 (2) of the Code of Criminal Procedure, contains a number of circumstances, the presence of which does not allow to realize the abbreviated form of inquiry. These moments include the following:

• suspect - a minor face;
• there are grounds for the implementation of medical measures;
• the person committed several acts, one of which is a preliminary investigation;
• the suspect does not own the language proceedings;
• against the abbreviated inquiry objects the victim.

The presence of at least one of these features eliminates the abbreviated order of inquiry.

Procedure of abbreviated production

There are several basic features of the inquiry in abbreviated form in addition to the previously presented:

1. In abbreviated form, it begins to be calculated from the moment of the decision to implement this type of production. At the same time, the investigation period in this case is no more than fifteen days.
2. The amount of actions is limited to the most urgent and necessary, which completely prove the guilt of the criminal and the amount of harm inflicted.
3. In this production in obligatory Defender participates.
4. The punishment appointed by the court should not exceed half the size or term of the most severe type provided for in the sanction of a particular article.

It should be noted that the inquiry in abbreviated form may be discontinued and resumed in the usual basis. This fact is the main guarantee of the provision of freedoms and human rights.

Preliminary inquiry authorities

Not all bodies and their officials can implement the investigation form described in the article. The list of entities that in their structure of the Division of the Inquiry is presented in Article 40 of the Code of Criminal Procedure of the Russian Federation. According to its provisions authorized by the authorities:

• internal affairs bodies, as well as other law enforcement agencies that have the right to implement operational investigative activities;

• Federal Bailiff Service;
• Military police of the Armed Forces of the Russian Federation, commander of parts, heads of military institutions;
• State Fireman Supervision;
• captains of the courts of far swimming;
• heads of Arctic stations, wintering leaders;
• heads of consular and diplomatic missions.

Thus, the exceptionally presented preliminary inquiry authorities may implement the described form of investigation under certain conditions.

Professional holiday

The existence of the investigators in various bodies of our state led to the need to create a special holiday. Such can be called the day of the inquiry. It is celebrated annually by 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 which the relevant departments are provided. This is a special holiday for them.

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