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Allocate or not allocate in a separate production of criminal case in separate production? Allocation of materials from criminal case Materials from a criminal case.

Section
12.06.2020

Along with the deciding on the allocation of a criminal case, criminal procedural legislation also provides for the possibility of allocating materials from a criminal case. Thus, in Article 155 of the Code of Criminal Procedure, the possibility of discharge in a separate production of criminal case materials containing information about the new crime. This rule eliminates the legal uncertainty that existed earlier in the question of the possibility of allocating materials from the criminal case on an unlawful act, which is not related to the investigated crime (Art. 26 of the Code of the RSFSR).

It should be noted that part 1 of Art. 155 Code of Criminal Procedure establishes fundamentally different, different from the provided Art. Art. 141-146 Code of Criminal Procedure The order of responding to the investigator and the investigator for them in the course preliminary investigation Data on the commission of a crime that is not related to the investigated. In this case, the investigator and the investigator decide on the allocation of materials from the criminal case containing information about the new crime.

In particular, if the materials there are data indicating signs of crime, but this data is not enough to make a decision in the manner prescribed by Art. Art. 141-146 Code of Criminal Procedure, then the person who produces a preliminary investigation should make a decision on the allocation of relevant materials for additional inspection and making decisions on them on the merits.

The decision on the allocation of materials is indicated, what materials and in what quantities are allocated; To whom and when they are directed. In addition, in a criminal case, from which the materials were allocated, a copy of the accompanying letter with the outgoing number and the date of the direction of the dedicated materials for consideration is essentially. All this is necessary to control the legality of the decision on the allocation of materials.

The dedicated materials, the investigator directs the head of the investigative body, and the investigator - the prosecutor to make a decision in accordance with Articles 144 and 145 of the Code of Criminal Procedure of the Russian Federation.

According to the results of the consideration of these materials, the corresponding body of the inquiry, the investigator, the investigator decides in accordance with Art. Art. 144 and 145 Code of Criminal Procedure. At the same time, he must consider the materials received to him and within its competence to take the appropriate decision on the period no later than three days from the date of receipt of these materials (part 1 of Article 144 of the Code of Criminal Procedure). If there are grounds, the period of consideration of these materials can be extended in the manner prescribed by Part 3 of Art. 144 Code of Criminal Procedure.

From h. 1 tbsp. 145 Code of Criminal Procedure It follows that, according to the results of the consideration of the materials received by the authority, the investigator, the investigator, the head of the investigative body takes one of the following decisions:

1) on the initiation of a criminal case;

2) on refusal to initiate a criminal case;

3) On the transfer of a communication message in accordance with Art. 151 Code of Criminal Procedure, but in criminal cases of private accusation - about transferring them to court in accordance with Part 2 of Art. 20 Code of Criminal Procedure.

About the decision is reported to the applicant. At the same time, the applicant clarifies his right to appeal this decision and the procedure for appealing established by Art. 123-125 Code of Criminal Procedure.

In conclusion, it should be noted that the materials containing information about the new crime and allocated from the criminal case into separate production are allowed as evidence under this criminal case (part 2 of Art. 155 of the Code of Criminal Procedure).

Literature

Definition of the judicial board in criminal cases Supreme Court The Russian Federation and others. // Bulletin of the Supreme Court of the Russian Federation. - 1994. - N 2.

Glyaev A.P. Procedural time In the stages of initiation of criminal case and preliminary investigation. M.: Academy of the Ministry of Internal Affairs of the USSR. 1976.

Denisov S.A.The legality and validity of the compound and allocation of criminal cases. M.: Publisher "Yurlitinform". 2004.

Yellowobuthov S. Connection and allocation of criminal cases by the court // Russian Justice. 2005. N 1-2. P. 58.

Ivanov D.A. Connection and allocation of criminal cases // Pre-investigation. Textbook Ed. M.V. Meshkov. - M.: Uniti-Dana: Law and Law, 2009. P. 454 - 467.

Kulagin N.I., Tumashov S.A. The connection and allocation of criminal cases on the preliminary investigation: a textbook. - Volgograd: VA of the Ministry of Internal Affairs of Russia. 2001.

Motovilovaker Ya.O.On guarantees of the rights and interests of the personality in the allocation and connection of criminal cases // Improving legal basis Criminal proceedings: issues of protection of citizens' rights in the field of criminality. Yaroslavl: Yagu. 1998.

Semenov S.N.On some problems of jurisdiction in the conjunction of criminal cases // Russian Justice. 2005. N 8. P. 14-16

Criminal procedural law: tutorial for university students / ed . O.A. Galafiana, A.V. Endoltseva, A.P. Kizlyka. - M.: Uniti-Dana: Law and Law, 2006.

Criminal Procedure Law (Criminal Procedure): Textbook for Universities / Ed. G.P. Chemical, O.V. Chemical. - 3rd ed., Pererab. and additional, - M.: Uniti-Dana, Law and Law, 2004.

Criminal law. General and special parts: Textbook for universities / ed. MP Zhuravleva, S.I. Nikulina. - M.: Norm, 2007.

Sharafutdinov Sh.F.The connection and allocation of criminal cases and materials in the Soviet criminal process. Ufa: UVHM of the USSR Ministry of Internal Affairs. 1990.

1. In the event that during the prior investigation it becomes aware of the crime of the crime that is not related to the investigative crime, the investigator, the investigator makes a decision on the allocation of materials containing information about the new crime, from the criminal case and send them to decide in accordance with Articles 144 and 145 of this Code: the investigator is the head of the investigative body, and the investigator is the head of the inquiry authority.

1.1. A copy of the decree on the allocation into a separate production of criminal case materials is sent to the prosecutor.

2. Materials containing information about the new crime and allocated from a criminal case into separate production are allowed as evidence to this criminal case.

Comments to Art. 155 Code of Criminal Procedure


1. After allocating a material containing information about a new crime, its preliminary verification is carried out from the criminal case, after which the decision to initiate or refuse to initiate a criminal case is made.

2. In addition to the comment. Art. The procedural basis of the existence of such a institution serves paragraph 3 of Part 1 of Art. 140 Code of Criminal Procedure - such a reason for the initiation of a criminal case, as a message about a perfect or preparing crime from other sources.

3. Materials from the criminal case are allocated in the form of copies of documents - "other documents". The original of the documents is recommended to leave in a criminal case.

4. The deadline for preliminary verification of such a material is defined by Art. 144 CPC is not more than three days. Head of the Investigative Body, the head of the inquiry authority has the right to the motivated petition of the investigator, the investigator to extend this period to 10 days, and if necessary, documentary inspections, revisions, documents research, subjects, corpses, the head of the investigator in the investigator, and the Prosecutor at the request of the investigator has the right to Extend the period for a period of up to 30 days with a mandatory indication of specific, actual circumstances that served as the basis for such an extension.

5. The specified period is calculated not from the moment of the allocation of materials of the criminal case, but from the moment of receipt of (detection) by the investigator (the investigator, etc.) of this material with the instructions of the head of the investigative body or the prosecutor about the production of verification.

6. In a comment. Art. The form and content of the decision on the allocation of materials containing information on the new crime, from the main criminal case and sending them to the head of the investigating body (prosecutor) to make a decision in accordance with Art. Art. 144 and 145 CPC.

7. In our opinion, the Decree on the allocation into a separate production of criminal case materials should contain:

Name of the preliminary investigation or inquiry, cHIN or rank, surname, initials of the investigator (investigator, etc.), who adopted this decision;

The number of the criminal case, from which the material is allocated containing information about the new crime;

The essence of acts containing signs of the objective side of the crime (otherwise, Fabul);

Bases and motivation of the allocation of materials of the case;

The list of allocated materials (which materials, on which number of sheets containing information about what kind of crime) are;

The decision to send the allocated materials to a specific leader of the investigative body (prosecutor).

8. A copy of the decision on the allocation of criminal case materials is attached to the case from which the materials are allocated. The script is fed into the dedicated preliminary check material.

9. Under certain circumstances, the decision on the allocation of criminal case materials may be made by the head or a member of the investigative group (the group of the Distributors), as well as the head of the division of the inquiry.

10. If the main criminal case is in the production of the head of the investigative body, he himself makes a decision on the allocation of criminal case materials, which immediately defines a person who charges to conduct a check on the dedicated material. There is no need for such a material to send the supervisor to the supervisory authority. He is sent to the investigator-performer directly by the person who allocated this material (the head of the investigative body).

11. See also Commentary on Art. Art. 144, 146 CPC.

Sources of criminal procedural law.

Based on the literal interpretation of Art. 1 Criminal control of criminal proceedings is determined only by laws, generally recognized principles and norms international law and international treaties. The laws that impose the procedure for criminal proceedings include the Constitution of the Russian Federation, based on it, and some other federal laws.

Constitution of the Russian Federationit has the highest legal force, direct action and applied throughout Terry Toria Russian Federation (Art. 15), therefore, in the hug-fishing process, constitutional norms can be changed directly as regulations Higher legal force.

OKKconsists of 6 parts, 19 sections, 477 hundred. In part 1 " General provisions»The norms acting at all stages of the process are set out. These are the norms in which the appointment, the principles of criminal proceedings are expressed, the basic rights of the participants in the process, the rules on evidence and evidence, determined the basis for the election of preventive measures and choose the specific type of these measures. Part The second regulates the pre-trial production, and part of the third - judicial proceedings. In the four of the fourth, there are norms regulating the OSO procedure for criminal proceedings. Part Fifth establishes the order of international cooperation in the field of criminal proceedings. The sixth part regulates the procedure for applying the forms of procedural documents.

Generally accepted principles and norms of international law and international pre-talks of the Russian Federationthey are an integral part of its right-howl system (part 4 of Art. 15 of the Constitution). In relation to criminal proceedings, this means that if international Treaty RF sets out other rules than the provisions provided for by the Code of Code, then the rules of the international lead-thief apply.

Other lawsin the system of sources of criminal and economic law (the prosecutor's office, about the police) also regulate criminal procedural relations, but in a much smaller volume. Basically, they are inherent in their subject. legal regulation, eg legal status judges.

Regional regulations, including ve-main, do not contain criminal procedure norms. Orders, instructions, instructions of the heads of ministries and departments may concern the organization of investigative work, the search for the accused, using criminalistic equipment, personnel systems, but cannot be changed, complement the criminal procedural law.

The explanations of the Plenum of the Supreme Court of the Russian Federation are the proper use of the law, according to which the clarification of all authorities of the state and officials. However, they can only clarify the norms, but not to create them.

A somewhat differently solved the question of whether the criminal procedural rules of the decision Constitutional Court. In accordance with Art. 6 FKZ about the Constitutional Court of the Russian Federation, the decision of the Concentration Court of the Russian Federation is obligatory throughout the terror of the Russian Federation.

In other words, organs and officials, especially criminal proceedingsAt the time of the decision, cases should be guided not to the provisions of the articles of the law, according to which it was decided to recognize them by non-concentration of the Russian Federation, but by prescriptions established in the development of the Constitutional Court of the Russian Federation.

In the introductory part of the sentence

1) accusing;

2) justification.

Termination of criminal cases.

Termination of a criminal case means full cessation of criminal proceedings, i.e., termination of procedural activities and procedural legal relations . Termination of criminal prosecution It means only the termination of the part of the criminal proceedings regarding suspicion or accusation of a particular person. At the same time, the termination of the criminal case means the termination of criminal prosecution, and the termination of criminal prosecution is allowed without termination of the criminal case (Art. 24-27 of the Code of Criminal Procedure).

1) the decision of the person who enforces the investigation into the criminal case, on the possibility of its termination or termination of criminal prosecution in the presence of the necessary substantive and on the basis of a full comprehensive and objective study of all materials of the case;

2) carrying out the necessary procedural actions confirming the availability of grounds and conditions for the termination of a criminal case, criminal prosecution;

3) the decision to terminate the criminal case, criminal prosecution and its procedural design, the systematization of criminal case materials and the permission of issues arising from the decision taken;

4) obtaining the consent of the head of the investigative body under the termination of the criminal case on the non-unrealistic basis, obtaining the permission of the prosecutor under the termination of the criminal case in the investigator on the same non-exclamation of grounds;

5) Appeal against the decision-making solutions. The procedure for termination of the criminal case, the criminal prosecution is fixed in ch. 29 Code of Criminal Procedure. The procedural form of a decision on the termination of criminal case and criminal prosecution is a decision.

The grounds for termination of criminal case and criminal prosecution. In accordance with Part 2 of Art. 212 Code of Code Termination of a criminal case according to one of the rehabilitation grounds entails mandatory measures to rehabilitate the person in respect of which criminal prosecution And compensation for him. Based on this provision of the law, it is possible to divide all rehabilitation and non-realization . Rehabilitating grounds These are the grounds for termination of a criminal case, if there are a criminal case terminated, and in respect of the person, all measures provided for by law apply to the rehabilitation and compensation for material damage caused to him as a result of criminal prosecution. Unrealibitating bases there are in the fact that if the circumstances of the circumstances are agreed, by virtue of a small public danger Acts, society refuses to apply criminal liability and punishment. By law, the termination of the case on these grounds is allowed only with the consent of the accused.

2. Conducting for identification.Article 193. Presentation for identification

1. The investigator may submit to identify a person or subject of a witness who suffered a suspect or accused. For identification, corpse can be presented.

2. The identifications are pre-interrogated about the circumstances under which they saw the person or subject presented for identification, as well as about the signs and features on which they can identify it.

3. Cannot repeated identification of a person or subject to the same identifying and the same features.

4. The person is presented for identification along with other persons, if possible, externally similar to it. The total number of persons presented for identification must be at least three. This rule does not apply to the identification of the corpse. Before starting the identification, the identifiable is proposed to occupy any place among those who pretended, as in the identification protocol, the corresponding entry is made.

5. If it is impossible to present a person identification can be carried out by its photographs that are simultaneously with the photos of other persons, externally similar to the identifiable person. The number of photos should be at least three.

6. The subject is presented for identification in a group of homogeneous objects in an amount of at least three. If it is impossible to present the subject, its identification is carried out in the order, established part Fifth this article.

7. If the identifier indicated one of the individuals presented to him or one of the items, then the identifying is invited to explain, for what signs or features he identified these face or subject. Supporting questions are not allowed.

8. In order to ensure the safety of the identification of the presentation of a person for identification by the decision of the investigator, it can be carried out under conditions that exclude visual observation of identifying identifiable. In this case, those understood are in the location of the identifying.

9. At the end of the identification, a protocol is drawn up in accordance with Articles 166 and 167 of this Code. The protocol indicates the conditions, the results of identification and, if possible, literally outlines explanations of the identifying. If the presentation of a person for identification was carried out under conditions that exclude visual observation of the identified identifying, then this is also noted in the protocol.

1. Communication (types of sentences).

The verdict is a decision on innocence or visibility of the defendant and appointment to him, or about the release of him from the punishment made by the court first or appeals instance (paragraph 28 of Art. 5 Code of Criminal Procedure).

The sentence consists of introductory, descriptive-moth-lying and operative parts.

In the introductory part of the sentencethe following information is indicated: On the resolution of the sentence of the Russian Federation; date and place of sentencing; The name of the court, the composition of the court, the data on the secretary, about the prosecutor, about the defender, the victim, the civil plaintiff, the citizen-delistant respondent and their representatives; FULL NAME-tried, date and place of his birth, place of a resident, work and other data on the identity of the defendant that are important for a criminal case; Points, parts, articles of the Criminal Code of the Russian Federation, according to which the defendant is accused.

The law provides for two types of sentences (Art. 302 of the Code of Criminal Procedure):

1) accusing;

2) justification.

Depending on the solution of questions about the punishment of the convicted court, the court decides to evict the court (part 5 of Art. 302 of the Code of Criminal Procedure):

1) with the assignment of punishment to be serving the convicted person;

2) with the appointment of punishment and exemption from its serving;

3) without punishment. The acquittal (part 2 of Art. 302 of the Code of Criminal Procedure of the Russian Federation) is declared in cases if: the crime is not established; The defendant is not involved in the co-verification of the crime; In the act of the defendant, the composition of the crime.

In the descriptive-motivative part of the frame of the prison sentenceset out: the creature of oblast; circumstances of the criminal case, established by the court; the basis of the justification of the defendant and evidence, their confirmation; Motives, according to the court, reject evidence, submitted by the accusation; The motives of the decision in relation to a civil action.

The operative part of the exclusive prigo-thiefmust contain: FIO of the defendant; The decision to recognize the defendant innocent and the founding of its justification; decision on the abolition of prepressive measure; Clarification of the procedure for compensation for harm associated with criminal prosecution.

Descriptive-motivating part of the accusatory sentencemust contain: Description of the criminal act, recognized by the court proven; evidence on which the conclusions of the court are based against the defendant; circumstances, soften and aggravating punishment; The motives for solving all issues relating to the appointment of criminal on-Kazan, exemption from it or its serving.

In the operative part of the indictmentmust be indicated: FIO of the defendant; the decision to recognize the defendant perpetratulations; item, part, the article of the Criminal Code of the Russian Federation, according to which the subformation is found guilty; The view and amount of punishment, on-meaning defendant for each crime; final penalties; the view and regime of the correctional institution; The duration of the test SRO with conditional condemnation; decision on additional types of punishment; The decision on the standings of the preliminary detention time; Decision on the measure of pre-section until the sentence entry into force.

2. The concept, essence and value of the preliminary investigation.

A preliminary investigation is carried out in the form of preliminary investigation or in the form of pre-knowledge (part 1 of article 150 of the Code of Criminal Procedure). The name of the form of investigative corresponds to the name of the body performing certain powers. The preliminary follow-up can be carried out by joint activities, in the interaction of these bodies within the status of the investigation. The evidence obtained by the inquiry authority within the limits of the pro-provincial powers delivered to him, have the same knowledge as evidence collected by the investigator.

The main form of preliminary investigation is the preliminary investigation, the regulatory-bathroom ch. 22 CPC. The dominant nature of the prevalion is explained by the fact that it is mandatory for all criminal cases, with the exception of the criminal cases specified in Part 3 of Art. 150 CPC, as an inquiry is performed on them.

Depending on the nature perfect crimeHis qualifications have a pre-trial consequence:

- Investigators of the Investigative Committee in the pro-Curacy of the Russian Federation;

- Investigators of organs federal Service safety;

- investigators of the internal affairs of the Russian Federation;

- investigators of drug control agencies and psychotropic substances.

In accordance with Art. 162 Code of Criminal Procedure in a criminal case should be completed on time not exceeding two months from the date of the criminal case.

In total, the time is not included, during which the proceedings were suspended in the order of Art. 208 CPC. The law establishes that the term of preliminary investigation can be extended to three months by the head of the investment body in the area, the city or an equal to him by the head of a specialized tractful body, including the military. According to cases, the investigation of which is of particular complexity, the head of the investigative body under the subject of the Russian Federation and the leader of another specialized body, including military, and their deputies can extend the term up to 12 months.

Further renewal of the term may be produced only in exceptional cases by the Chamber of the Investigative Committee in the Prosecutor's Office of the Russian Federation, the head of the investigative body of the corresponding federal authority executive power (for federal Body Executive) and their deputies. On the extension of the deadline for the preliminary investigation in writing The prosecutor, the accused and his defender, the victim and his representative should be notified.

Preliminary investigation in the form of a lack of common ordermounted for preliminary investigation, with seizures, pre-disturbed ch. 32 CPC.

Inquiry produced:

- investigators of the internal affairs of the Russian Federation;

- investigators of the controls of drug trafficking and psychotropic substances;

- Distributors of the border bodies of the Federal Security Service;

- Distributors of the bodies of the judicial camp of the Ministry of Justice of the Ministry of Justice of the Russian Federation;

- investigators of the customs authorities of the Russian Federation;

- investigators of the state counter-fire service;

- Investigators investigative Committee In the pro-curated of the Russian Federation - in criminal cases of the crime, provided for in paragraph 5 of Part 3 of Art. 151 Code of Criminal Procedure. Total time Inquiry - 30 days.

Preventive measures are measures of criminal-processing coercion, used in nasya bases and in the manner prescribed by the Cancel, authorized on that officials to the accused, defendant, and in excluding cases - to the suspect, to prevent They hide from inquiry, investigators and court, prevent the production of in the case, to continue criminal activities, as well as to ensure the execution of the sentence.

Being a kind of criminal procedural coercion, the preventive measures are aimed at the prevalence of unlawful actions (actions) of the accuracy (suspects), for coercion them to be-closer in the interests of the criminal proceedings of actions (actions). Prepressive measures - forced, they apply Contrary to the will of the accused (suspected), forcing them either to retain them from making acts prohibited by the Code, or, on the contrary, are obliged, forced to perform pre-distorted Code of Code of Actions (to be challenges, not shy away from Turns, properly behave). In its content, preventive measures are on the accused (suspected) psychological, physical, moral impact (coercion), may limit it property rights and interests.

Subjectsan authorized law is used by preventive measures, are: the investigator, the following person, the judge, the court, in the production of which the criminal case works.

The preventive measure is elected against the accuracy and in exceptional cases - the suspect. At the same time, the accusation to the suspect should be submitted no later than 10 days from the date of application of this measure, and if the suspect was in-destroyed, and then imprisoned - in the same time since its actual detention, and not after the adoption of the detention . Otherwise, the preventive measure immediately notes, and the prisoner is released.

Grounds for applying preventive measures- The presence of sufficient grounds to believe that accused, suspected:

1) drives out of inquiry, preliminary investigation or court;

2) can continue to engage in criminal actors;

3) may threaten the witness, other participants in the hug-fish proceedings, destroy the evidence or otherwise preventing the production of criminal proceedings.

Of the preventive measures established in the law, only one preventive measure, which, is necessary and sufficient on this case, can be used to concret-accused (suspected). When resolving the application for the use of preventive measure, the circumstances specified in Art. 99 Code of Criminal Procedure: The severity of the charges, data on the personality of the accused, his age, state of health, family situation, occupation and other circumstances.

Types of preventive measures:

1) Subscription of the unsewable and proper behavior (Art. 102 of the Code of Criminal Procedure of the Russian Federation); 2) Personal guarantee (Art. 103 of the Code of Criminal Procedure); 3) Observation of the command of the military unit (Article 104 of the Code of Criminal Procedure); 4) Binding for minor suspects or accused (Art. 105 of the Code of Criminal Procedure); 5) Pledge (art. 106 of the Code of Criminal Procedure of the Russian Federation); 6) Home arrest (Art. 107 of the Code of Criminal Procedure); 7) CERTIFICATION CONCLUSION (Article 108 of the Code of Criminal Procedure).

2. General terms production in the appellate instance.

Consideration of criminal cases in appealthe judge is carried out district Court Sunicobalically and is to check on appeal complaints and ideas of legality, justified and fairness of sentencing or a decree of the magistrate.

Consideration of the criminal case in appeal should be launched no later than 14 days from the date of receipt appeals complaints or pre-installation (art. 362 CPC).

Having studied a criminal case, the judge fee a decision on the appointment of a court session, which resolves the following issues: - about the place, date and time of the criminal case; - about the call to the court session of witnesses, ex-petes and other persons; - On the preservation, election, cancellation or change of mesh suppression; - on the consideration of a criminal case in a closed law meeting in cases provided for by Art. 241 Code of Criminal Procedure.

At the court hearing, the participation of the state-graduated (private) prosecutor, the defendant, who filed a complaint or in defense of the interests of which the complaint was filed, defenders in cases, fore-witrated art. 51 CPC. Production is in general, taking into account the following features.

The judicial investigation begins with a brief streaming of the chairmanship of the degree of sentence, as well as the creatures of appeals or submission and objections to them. After the trial: - hears the speeches of the parties submitted by Mo-Lob or the presentation; - hears the objections of the other party; - checks the evidence; - causes witnesses to interrogate, which were interrogated in the court of first instance, if their court would recognize themselves.

The parties have the right to declare a petition for the challenge of new witnesses, the production of forensic examination, about the recovery of material evidence and up-to-kayans, in the study of which they were denied the court of first instance. At the same time, the court of appeal instance is not entitled to refuse the petition on the grounds that it was not satisfied with the court of first instance (Art. 365 of the Code of Criminal Procedure). Upon completion of the judicial consequence, the judge finds out the parties, whether they have petitions about the completion of the judicial investigation. The court allows these petitions, after which it moves to the debate of the parties (part 1 of Art. 366 of the Code of Criminal Procedure).

According to Art. 367 of the Code of Criminal Procedure, when making a decision, the appellate court is entitled to refer to the substantiation of its decision on the testimony of persons who have not been caused by the Court of Appeal, but questioned in the court of first instance. If these testimony is disputed by the sides, then the persons who gave them under-lie interrogation.

The appellate court according to the results of a criminal case, takes one of the following decisions:

- on leaving the sentence unchanged, and the appellary complaints or submission - without pleasure;

- on the abandonment of the conviction and justification of the defendant or termination of the criminal case;

- On the cancellation excited sentence and about conviction;

- On changing the sentence.

Under the proof of the criminal process, any information is understood, on the basis of which in a definite procedure, the student, the investigator, the prosecutor and the court are set to the presence or absence of circumstances to be proof in criminal proceedings, as well as other circumstances For a criminal case.

The proof is the unity of the swarm and procedural source.

Signs of evidence

1. The evidence contains information.

2. Information is information not about any circumstances, but about what is important for business.

3. The information should be obtained only from the pro-discovered source law.

4. The information is involved in criminal procedural procedural procedure.

The inextricable unity of the content and form of docking causes its two mandatory properties: attribution and admissibility. Information, not from at least one of these requirements, can not serve as evidence.

Presentation– legal requirement addressed to contentproof of. It means the connection of the content of the proof with the circumstances and facts that are important for the criminal case. The relatives are evidence, which indicates the existence of the circumstances to be proof, and other circumstances that are important for the criminal case, and also indicates their absence.

Avenue– legal Requirement to formevidence - sources of actual data (part 2, Article 74 of the Code of Criminal Procedure) and the method of collecting it (formation) - the corresponding investigative or judicial action (Article 164-170, 173-174, 176-184, 275-290 of the Code).

The evidence is only the actual data that is contained in the legitimate source. The retreat from the requirements imposed by law to the actual data source deprives the information contained in it, evidential significance, even if they matter for the case. Invalid, we will, for example, attributable to the case, but obtained from anonymous sources. Unacceptable evidence does not have legal force and cannot be based on the prosecution.

Law in Art. 75 Code of Criminal Procedure cites the following list of invalid evidence:

1) the testimony of the suspect, the accused, data during the pre-trial production in a criminal case in the absence of a defender, including cases of refusal, and not confirmed by suspects, accused of court;

2) the testimony of the victim, the witness, based on guess, assumption, hearing, as well as the witness's show, which cannot call a source of his awareness;

3) other evidence obtained in violation of the law.

The legislator calls the following views(source) evidence:

1) the testimony of the suspect, the accused;

2) the testimony of the victim, the witness;

3) the conclusion and testimony of the expert;

4) the conclusion and testimony of a specialist;

5) physical evidence;

6) protocols of investigative and judicial actions;

7) Other documents.

A list of exhaustive.

Evidence is classified for personal and relevant, indictment and exclusive, per-in-war and derivatives, straight and indirect.

Allocation of materials from the criminal case.

Article 154. Allocation of a criminal case

1. The investigator, the investigator is entitled to allocate other criminal cases from the criminal case against:

1) individual suspects or accused of criminal cases of crimes committed in complicity, in cases specified in paragraphs 1 - 4 of the first part of Article 208 of this Code;

2) a minor suspected or accused attracted to criminal responsibility together with adult accused;

3) other persons suspected or accused of committing a crime that are not associated with acts imputed in the guilt on the investigated criminal case, when it becomes known during the prior investigation;

4) suspect or accused with which the prosecutor is concluded pre-trial agreement about cooperation. In the event of a threat to the safety of the suspect or accused, the criminal case materials identifying his personality are withdrawn from the initiated criminal case and join a criminal case against a suspect or accused, dedicated to separate production.

2. The allocation of a criminal case into separate production to complete the prior investigation is allowed if this does not affect the comprehensiveness and objectivity of the preliminary investigation and permission of the criminal case, in cases where it is caused by a large amount of criminal case or multiplicity of its episodes.

3. The allocation of a criminal case is carried out on the basis of the Resolution of the investigator or the investigator. If the criminal case is allocated in a separate production to produce a preliminary investigation of a new crime or against a new person, then the decision should contain a decision on the initiation of a criminal case in the manner prescribed by Article 146 of this Code.

4. In a criminal case dedicated to a separate production, scripts or certified by the investigator or the investigator copies of the procedural documents that are important for this criminal case should be.

5. The criminal case materials allocated in separate production are allowed as evidence to this criminal case.

6. The term of preliminary investigation in a criminal case dedicated to a separate production is calculated from the day the relevant decision is made when a criminal case is allocated for a new crime or against a new person. In other cases, the term is calculated from the moment of the initiation of the criminal case, from which it is allocated to separate production.

Article 155. Allocation into a separate production of criminal case materials

1. In the event that during the prior investigation it becomes aware of the crime of the crime that is not related to the investigative crime, the investigator, the investigator makes a decision on the allocation of materials containing information about the new crime, from the criminal case and send them to decide in accordance with Articles 144 and 145 of this Code: the investigator is the head of the investigative body, and the investigator is to the prosecutor.

2. Materials containing information about the new crime and allocated from a criminal case into separate production are allowed as evidence to this criminal case.

The first documents in any criminal case is the decision to initiate a criminal case, this resolution makes an investigator or the investigator on the inspection materials collected on the appeal of a citizen into law enforcement agencies.

Personal documents are part of evidence. There are evidence that may not exist in the form of documents: for example, the testimony of a suspect / accused.

Only after making a decision to initiate a criminal case, an investigator or an investigator in whose production, it is entitled to carry out investigative actions. Otherwise, all investigative actions will be illegal.

Actions after excitement

After initiating a criminal case executive It is obliged to notify the victim about the decision taken, then a plan of operational-search activities is drawn up, various versions that must be tested during the investigative actions are made. In a criminal case, witnesses are interrogated, possible eyewitnesses are established if necessary, specialists in certain areas are invited, translators.

It should be noted that if you fell to suspicion, the lawyer is required right now, and not later. Since people often turn to a lawyer when it is already impossible to correct something or prove.

Depending on the specifics of the criminal case, various kinds of investigative actions will be carried out:

  • checking testimony in place
  • investigative experiment
  • confrontation,
  • recess or search,
  • inspection of items and others.

Some investigative actions are held directly by the investigator or the investigator conducted an investigation into the case, for other investigating actions it is necessary to permit the court.

However, all investigative actions should be laid in the deadlines of the preliminary investigation or inquiry, but if investigative actions go for the time frame, they will be found illegal.

The final stage in any criminal case will be a decision on this criminal case, there may be several, or a preliminary investigation (inquiry) will be suspended on various reasons provided for in Art. 208 of the Code of Criminal Procedure, or a criminal case with an indictment (accusatory act) will be sent to court to consider essentially, or a criminal case will be discontinued on the grounds provided for by Art. 24, 25 Code of Criminal Procedure.

In any cases, the victim is notified of the results of the investigation. In addition to the protocols of investigative actions in any criminal case, there must be all kinds of requests, instructions in various instances and organizations.

Criminal numbering

In accordance with part 1 of Art. 217 of the Code of Criminal Procedure, when familiarizing the accused and his defender with the materials of the criminal case, the investigator places them into the linked and numbered materials of the case. The numbering of the criminal case is made by the investigator (Protocol court session - Secretary) exclusively by a graphite pencil. At the same time, everyone who was actually involved in the field of criminal proceedings, paid attention to the fact that the numbering of pages was repeatedly changing during the production of a criminal case by erasing the numbering previously conducted (in some cases to holes). The question arises, whether the aims of the investigator are legitimate, firstly changing the previously set numbering in the case file, secondly, providing materials with numbered pencil pages.

This issue is not regulated by law. However, it seems that the change in the numbering to the presentation of the materials of the criminal case for familiarization is the personal initiative of the investigator not subject to regulation. This determines the independence of the investigator during the proceedings in the case, including in the process of issuing procedural documentation due to the lack of legitimate requirements in their design.

At the same time, it seems that all the materials of the criminal case provided to familiarize themselves to the participants of the process should be made an extremely numbered carrier that cannot be erased or to erase, which eliminates the possibility of replacing the pages of the case. This is primarily due to the fact that in practice the investigators after familiarizing the participants in the process with the materials of the criminal case produce "cleaning" unnecessary to accusing the information contained in the case, or, on the contrary, "filling" necessary (in some cases illegally received) information about which should not know the participants in the process of protection during the prior investigation. Do not stop at the legitimacy of such "tactical" techniques, it should be noted that the submitted materials of the criminal case, numbered in accordance with the description contained in it, the carrier, which cannot be imperceptible, are the key to the observance of the participants of the participants to know what the person is accused of . 1 h. 4, Art. 46, paragraph 1 of Part 4 of Art. 47 Code of Criminal Procedure). Paragraphs 1 and 3 (d) Art. The 6 European Convention on Human Rights in this regard requires the accused to be accused of an adequate opportunity to challenge the approval and interrogate persons testifying against him.

Leaving the existing state of affairs on the legislative, we developed the following tactical techniques confrontation with such arbitrariness. Firstly, when we are notified of the end of the investigative actions, we are stated by a petition, where we are requested to get acquainted with the numbered auto-lists contained in the materials of the criminal case, in full, without restriction in time, together with the prostum. In the case of the provision of a criminal case, numbered pencils, a petition is stated, where a request is expressed to improving the numbering of the pages of the case of the case by the reference in our presence, for which, of course, in some cases I get a categorical failure of both oral and in writing. In this case, we refuse to get acquainted with the materials of the case, noting in the protocol to familiarize the reason for the refusal, with subsequent complaints as the head of the investigative body and (or) the prosecutor in accordance with Article 124 of the Code of Criminal Procedure and the Code of Article 125 of the Code of Criminal Procedure - this is second. In some cases, the complaints filed satisfied in others, refuse to order the order of the Prosecutor General of the Russian Federation of December 28, 1998 No. 93 "On the introduction of the instructions for office work in the bodies and institutions of the Prosecutor's Office of the Russian Federation" (with change of October 21, 2003 .), where in the sections "Formation of cases and supervisory processes" and " General principles The formation of cases and supervisory processes "in paragraph 9.2.1.5 indicates that the sheets are numbered by a graphite pencil, each volume separately. It is forbidden to numbered sheets in ink and colored pencils. All cases and listed supervisory proceedings include internal document inventories (Appendix 35) and in the end is drawn up and the assistant inscription (Appendix 36) is made. In this case, the protocols in accordance with part 2 of Art. 166 Code of Criminal Procedure If they are written by hand, it is always a pencil that is not a pencil, and the numbering of pages should be carried out exclusively by graphite pencil?

However, the procedure for criminal proceedings in Russia in accordance with Part 1 of Art. 1 Code of Criminal Procedure is established only by the Criminal Procedure Code, based on the Constitution of the Russian Federation. That is, the above-mentioned decree cannot determine the procedure for legal proceedings, being on the basis of the emerging practice is optional in decision-making. It seems that the numbering of the criminal case materials is part of a mandatory form. procedural documentwhich should not be modified from the moment of familiarizing the participants in the process.

Thirdly, when receiving a categorical refusal to all the filed complaints, when studying the materials of the case, numbered by the pencil, I am a protocol to familiarize yourself with the materials where the document name and the corresponding sequence number of the page are specified. At the same time, I ask the investigator to assure the correctness of the protocol compiled. This technique is also triggered.

Fourth, applicable and the following way: when familiarizing with the materials of the criminal case, remove everything on the camera for the sequence, which is called, from the crust to crust. In case of incomprehension of the captured and actual, there is a direct evidence of falsification of evidence in the case.

The numbering of criminal case materials is important, like any other part of the procedural document, since the correct numbering reflects the integrity of the material, the absence of which does not allow properly to be in the essence of the investigated, to recognize all the circumstances of the perfect crime. After all, the right to know what the person is accused is not only in the knowledge of the essence of the prosecution - this right determines the ability to find out all identified information confirming the guilt for proper protection from them. Otherwise, this would mean nothing but the desire of the consequences by all means to achieve the condemnation of the face (unfortunately, it often happens). After all, indeed, if there were no difference, it would be a handle, and since it makes a pencil - it means that it is necessary for something.

Criminal proceedings by the investigator

In our opinion, the systematization of materials of the criminal case introduces elements of the organization to the work of the investigator, as it facilitates their search, and consequently, the use of information contained in it to form a database necessary to write an indictment, developing a plan for its content and actually drawing up the document.

Moreover, the system of systematization is always accompanied by analyzing materials investigative production, and from this position, it represents the activities of the investigator for testing the quality and volume of the work performed by him, the results of which he implies to state in the form of a "systematized report" in the final indictment document on the case. It seems that the specified relationship of the processes of compiling an accusatory act and the systematization of materials of the case established both the legislator.

The process of establishing and extending the deadlines of each criminal case is individual, but the current legislation focuses on the definition of a 2-month period for conducting investigative activities, which may increase depending on the situation up to 12 months, with a mandatory official decree.

The consolidation of urgency for the actions of specialists has its advantages:

  1. it makes it possible to contribute to the speedy clarification of the circumstances of the case, the participants of what happened, their interrogation, proceedings in detail;
  2. does not allow the slowness of the actions of specialists investigating production, as they are responsible for the efficiency and full procedures for the designated period;
  3. if the term is extended, this aspect does not depend on the severity of the consequences of a criminal act committed by an attacker.

Finding Finders Folder For Investigator Paper

  1. Report on the detection of signs of the crime; Protocol adoption oral statements about the crime.
  2. The protocol of the obeda.
  3. Agenda; Blanks with angular stamp.
  4. Protocol inspection of the scene.
  5. Corpse inspection protocol.
  6. Mandatory questions of various examinations.
  7. CME - corpse.
  8. CME - corporal damage.
  9. CME - Rape.
  10. Decree on the initiation of criminal case and adoption
    Production.
  11. Suspected detention protocol.
    Content message suspected ___ 12.
    Notification of a lawyer.
  12. Decree on the production of examination; protocol
    Examination.
  13. Order on the production of individual investigative actions
    (operational-search, search activities).
  14. Explanation.
  15. Interrogation protocol suspect ____; Notice for lawyer
    About the appearance of the court for election of preventive measure.
  16. The interrogation protocol of a minor suspect ___.
  17. Interrogation protocol blame ___.
  18. The protocol of additional interrogation blame ___.
  19. Minor interrogation protocol blame ___.
  20. Decree on the admission of the prisoner. A minor accused (suspect__).
  21. Protocol checking testimony in place (for the defendant and accused).
  22. Decision on the recognition of the victim__.
  23. Protocol interrogation victim__.
  24. The interrogation protocol is a minor: the victim__ (witness).
  25. Protocol interrogation of a witness (victim__) with the participation of the translator.
  26. Protocol interrogation of a witness.
  27. Protocol checking testimony in place (for a witness and victim suspected (accused).
  28. Full-time protocol.
  29. Decree on the appointment of the translator.
  30. Subscription to prevent translator about criminal liability for knowingly incorrect translation.
  31. Protocol before. Persons for identification.
  32. Protocol before. Persons for identification in conditions that exclude visual observation by them identifying.
  33. Substitution Protocol for identification.
  34. Corpse identification protocol.
  35. Decision on the initiation of a request for the production of search (excavation) in the dwelling.
  36. Decree on the production of search (excavation) in cases not toleration.
  37. Notification of the production of dwelling inspection, searches (recesses) in the dwelling.
  38. Decree on the workshop (recess)
  39. Search protocol (excavation).
  40. Protocol of the investigative experiment.
  41. Decision on obtaining samples for comparative research.
  42. Protocol for obtaining samples for comparative research.
  43. Decree on the production of the dwelling inspection in cases that do not endile.
  44. Dwell inspection protocol (premises)

Algorithm systematization

In the investigative divisions of Russia, the following exemplary algorithm for the systematization of materials of a simple criminal case was formed when it comes to a single accused with a small number of episodes / compositions of crimes:

  1. All criminal proceedings should be numbered, neatly underwent, if possible in hard covers; The desired volume of the 1st volume is about 250 sheets. If necessary, it is possible and more, but not desirable.
  2. Instructions of the Head of the Investigation Body on the direction of the investigation, the production of individual investigative actions, the investigation plans on the case are fed before the decision to initiate criminal proceedings (draft bids). When preparing a criminal case for the transfer of the accused and his defender in accordance with Art. 217 Code of Criminal Procedure (for Finding) said instructions are left in materials, if they are procedural, for example, oblige the investigator to carry out investigative actions. If the instructions relate to the necrossal issues: the investigation tactics, the need to eliminate the mistakes allowed, etc., then they are withdrawn from the case and join supervisory Production (NP). This applies to the investigation plans. It is also necrossal documents.
  3. In the direction of a criminal case, a certificate form on the results of the judicial review, as well as inventory, immediately after the front cover.
  4. Further, the description at the beginning of the case is: a decree on the initiation of a criminal case (decree on making a business for production), reports (statements) and inspection material (explanations, certificates),
    served to initiate a criminal case. Most often, it is here that there is a block of materials for the investigation check or the results of operational-wraising activities.
  5. Decisions on the withdrawal and transfer of a criminal case, decree on the adoption of the work on the production, decree on the extension of the deadlines of the investigation and detention (with a decision on the initiation of applications to the court on the extension of the Guardi 10), the resolution on the suspension and renewal of the preliminary investigation, notice relevant participants in the process.
  6. Protocols inspection of the scene, inspection of the corpse, appointment decree forensic examinations, Protocols for familiarizing the accused and victims with decisions on the appointment of expertise, the conclusion of experts, the protocols of familiarization with the conclusions of experts, protocols of interrogation of experts.
  7. Resolutions and protocols on the production of recesses, searches, inspections of material evidence, decree on the recognition and adoption of material evidence, receipt of the return, receipt of transfer to responsible storage.
  8. Decisions on the recognition of victims, the protocols of interrogations of the victim, the decision on the recognition of the representative or legal representative. For interrogation protocols of the victim, the entire characterizing its material is undergoing, including documents certifying his identity.
  9. Protocols interrogations of witnesses. When interrogation of the same person several times, the protocols are laid together, in chronology (by date).
  10. Materials collected in connection with the involvement of a person as an accused: Detention Protocols in the order of Art. 91-92 Code of Criminal Procedure, Decree on the application and change of preventive measure; Defender Charter, testimony, data as a witness suspected, decree on attracting as an accused, interrogation protocol of the accused, protocols of subsequent investigative actions (interrogations, full-time rates, investigative experiments, testing testimony) with his participation (heded chronology). After the protocols of investigative actions for each accused immediately, it should be sewn characterizing its material.
  11. Sometimes further stroke the document of the documents - the results of operational and wraising activities: individual orders of the investigator in accordance with Art. 38 Code of Criminal Procedure, certificates of operatives about the work done, Protocols, acts of applying a search dog, decree on declassifying information and others.
  12. Materials establishing and characterizing the identity of the accused: a copy of the passport (birth certificate, Card of Form No. 1), certificates of criminalizes, health status, family, awards, characteristics, conjunction requirement, copies of sentences. In this case, the answer to the request should be sewn immediately after the corresponding request. After each request should be the answer. In addition, all the responses should be used for the report on the requirement of trials. At the same time, queries with sentences need to be placed on chronology (from earlier to later). Requests and characteristics should also be sewn not in the scatter, but by the "block". If reminders are sent, hedist for the request to which the reminder is directed.
  13. Other: claims, decisions on the imposition of arrest on property, deposits, arrest imposition protocols; Decisions on the transfer of storage values.
  14. Decisions on the termination of the criminal case (criminal prosecution), on the allocation of materials.
  15. The protocol on the declaration of the accused and his defender about the end of the investigation.
  16. Protocol to familiarize the victim with the case file (notifications).
  17. The protocol to familiarize the accused with the materials of the case, the schedules of familiarization, petitions and decisions on petition permission. According to some criminal cases, for example, on charges of committing a crime, provided for by the corresponding paragraph of Part 2 of Art. 105 of the Criminal Code of the Russian Federation, there are also separate protocols to familiarize the accused with their rights under Part 5 of Art. 217 Code of Criminal Procedure (questions of the jury and so on).
  18. Implanting with a list of persons and certificates (Art. 220 of the Code of Criminal Procedure).
  19. Notification by the victim, as well as the accused and his defenders about the direction of the case.
  20. Receipt in obtaining an indictment.

If the materials are larger than 1 volume, it is advisable to divide documents not arbitrarily, and so: in the 2nd (separate) volume, it is allocated only to the "block" (investigative actions and for them characterizing the material) of the victim and "blocks" (investigative actions and for them characterizing the material) on the accused.

When drawing up documents, it is necessary to leave the fields for the binder. How to Shot Protocol investigative actionif there are no fields? It is necessary to cut a white paper strip 2.5 cm wide in the height of the protocol. Attach this carved sheet close to the left edge of the protocol and glue the tape (vertically one strip) on both sides. Scotch is smoothly falling, if it is to keep it for both ends above the place of gluing and start omitting on the sheets from the central part of the scotch. Then, on the same width (2.5 cm), the right-hand side of the protocol, and leave in this position. Now you can hemate. And the text in the protocol will read, and the protocol will not hang out of the case.

Systematization of criminal materials

As is known, not only his investigator is played in the activities of the investigator. special knowledge, professional skills and intuition, the ability not only to think logically, but also the ability to clearly, accurately and unequivocally express their thoughts to the language means.

It is completely impossible to assume (this is confirmed by the investigative practice) that the indictment written by a group of persons will meet the requirements for it. It is clear that the indictment written by different people, each of which is inherent in its manner of the presentation, will suffer with a stylistic difference, will be uncomfortable and unclear.

In our opinion, the indictment on multi-episodes group criminal cases should be only the leader of the group.

How are the deadlines for the investigation of criminal cases: features, order, consequences every criminal case, depending on the composition of the crime, its circumstances, the evidence collected, the testimony of participants, has several stages of consideration. The main moment of the launch of criminal proceedings is considered the direction of an application for a perfect or preparing crime from any citizen or individual in writing or oral form.

For such cases, the most acceptable placement of materials on episodes and persons participating in criminal activity, namely:

  1. First Tom (volume group):
    1. The decision to initiate criminal proceedings (cases), on making it to the production, on the creation of the investigative group, about the change in its composition.
    2. Protocols to familiarize the accused with the composition of the investigative
      Group11.
    3. Regulations on the extension of the deadlines of the investigation and the content of the accused in custody.
    4. Decisions on the connection, allocation of cases, instructions on additional investigation.
    5. Materials obtained by investigators before initiation of the case (results of verification, operational-search activities).
      Most often, it is fed to the top of materials for each of the episodes of crimes.
  2. The second volume (volume group) - materials relating to individual
    Episodes and individuals involved in them:
    1. Decisions on the appointment of expertise and audit; conclusions and acts; Protocols for familiarization with the latest.
    2. Decisions and protocols for the production of submission of documents, as well as various materials obtained from institutions, organizations and enterprises (with requests for them).
    3. Presentations in order of Part 2 of Art. 158 Code of Criminal Procedure.
  3. Third Tom (volume group):
    1. Materials on specific episodes of criminal activity in chronological order. For each episode, the testimony of witnesses and victims, accounting and other documents.
      Here, materials relating to all or several episodes and persons. Placing documents on events related to several accusations should be described in a reference sheet to this, the volume group (informal document).
    2. Here, the data characterizing the victims can be placed.
  4. Fourth Tom (volume group): materials about attracting as accused. For each accused are grouped in a certain sequence:
    1. His testimony, being a witness suspected;
    2. The very prosecution and testimony on charged charges.
    3. Protocols of subsequent interrogations of the accused. Purified statements, petitions.
    4. Documents characterizing identity: certificates of criminal record
      state of health, family composition, awards, characteristics (work, place of residence, etc.), copies of sentences in the previous
      convictions, etc.
    5. Decisions and protocols for the production of recesses and searches.
    6. Decisions and other documents on the arrest of property.
  5. Fifth Tom (volume group):
    1. Decisions on the termination of the case regarding individual
      Persons, in part of individual episodes, etc.
    2. Decisions on the allocation of materials (cases) into separate production and inventory of these materials.
    3. Documents about the end of the investigation and familiarization
      The accused and their defenders with the case materials.
    4. Petitions to the part of the protection and decision of the investigator on them,
      including materials of additional investigative
      actions.
    5. Indictance with all applications. Documentation
      On the direction of the case in court.

Important

The first stage of the mechanism of consideration of the case is the initiation of criminal proceedings by the investigator, the investigator or the prosecutor. It happens if the fact of the crime is fully proven, all necessary expertise and verification were carried out. The term of initiation of criminal proceedings can last up to 30 days at the petition for the extension by its investigator or the investigator.

Control of compliance with legislation

Control and supervision of organs by producing investigation is carried out by the prosecutor's office. This organization has the right to request a criminal case for verification. Therefore, some citizens who are unhappy with the course of the investigation of the criminal case can contact the prosecution authorities with a complaint against the actions of the investigator or the investigator, presenting their discontent details.

1. In the event that during the prior investigation it becomes aware of the crime of the crime that is not related to the investigative crime, the investigator, the investigator makes a decision on the allocation of materials containing information about the new crime, from the criminal case and send them to decide in accordance with And: the investigator is the head of the investigative body, and the investigator is the head of the inquiry authority.

1.1. A copy of the decree on the allocation into a separate production of criminal case materials is sent to the prosecutor.

2. Materials containing information about the new crime and allocated from a criminal case into separate production are allowed as evidence to this criminal case.

Comment to Art. 155 Code of Criminal Procedure

1. The fundamental difference of the commented article from the previous one is that in this case it is not about allocating a new criminal case, i.e. Not about the division of criminal cases, but on the allocation of investigative documentation (in the scripts and copies), the content of which does not give a complete basis for the conclusion about the presence of a crime that is not related to the investigated. Such materials require one of three ordinary solutions and actions that are established by law to report a crime: checks (see text and comment on it), refusal to initiate a criminal case (see the text of Article 148 and comment on it), transfer transmissions (See it). Moreover, the law places the responsibility of the decision on the allocated materials not to the investigator or the investigator, who decided to allocate them (as it took place in the Criminal Procedure of the RSFSR 1960), and for some reason at the head of the investigative body and the prosecutor with which the investigator and the investigator about These fragments of general investigative proceedings are included in strictly regulated relations.

2. The practice of allocation from the criminal case of materials has existed. Neither this practice nor the fact that the legislator supported it, it is impossible to recognize as theoretical positions. Such a selection is a sure sign that the criminal case began to "close", i.e. Fight unexpected "branches", which are versions about new episodes of criminal activity and new accomplices. Moreover, for the presentation of new accusations, there is not enough evidence, and the remaining of the materials that hint at the crime, remaining beyond the criminal conclusion, was fraught with the return of the criminal case for the production of an additional investigation, which was considered a marriage in the work. The only way out is to allocate in such cases the material, "clean up" ("wrap") the ends of hopeless accusatory versions and explain to the prosecutor's office and justice about the work done. Meanwhile, in the framework of the criminal case, i.e. With the use of the entire arsenal of the means of criminal procedure proceduction, in the development of these versions, it was not possible to achieve a sense, then the means of prefabricated checking in three- or ten-year periods to do this will not be able to do, and nothing but unnecessary paper fuss, such a allocation is not capable. With the current relatively clear distinction of criminal procedure functions, when the Court considers the case strictly as part of the charges, the investigator seemingly no one and nothing should prevent themselves to decide which materials to go to court, and which not to attach to the case, so that without any Do not climb it.