Decision to open a criminal case - the basic document, which shall be made based on the result of the application of the crime.This document may be issued by an authorized person, as a rule, the investigator dealing with the disclosure of a specific crime.
Making the decision to institute criminal proceedings
This document consists of:
- prologue, which sets out details such as the name, date and place of its issuance, initials and title of the person who made the decision;
- narrative detailing the basis and reason for a ruling;
- the operative part, containing information such as the decision to initiate the present case, the article of the Criminal Code, according to which it is instituted, the information that a copy of the decision was sent to the prosecutor's office, the signature of the authorized which made this decision.
The document concludes put a note that the applicant (the person who wrote the application instituting the present case) and the defendant (the person suspected of committing a criminal offense) were informed about the institution of criminal proceedings in a particular crime.
In accordance with Russian legislation, the decision to institute criminal proceedings may be imposed after the coordination of all actions of the prosecutor.However, the Criminal Procedure Code (art 146) allows the investigator to take an independent decision on the matter before matching it to the prosecutor.The same applies to some of the urgent actions that are carried out within the framework of the investigation of a particular crime (survey the scene, conduct forensic investigations).
In the event that the results of the survey the injured persons and the inspection scene makes a decision to conduct an investigation of the crime, the investigator necessarily and urgently send to the prosecutor's office decision to institute criminal proceedings, and accompanied by the relevant protocols and materialsinspection of the crime scene.Based on these results the prosecutor makes a decision about whether the case was filed.In order for such a decision was made as soon as possible, the General Prosecutor's Office provides a removable 24-hour duty prosecutors.Holidays and weekends are no exception.
As the decision to institute criminal proceedings is received, the prosecutor makes a decision:
- the immediate initiation of proceedings by the crime.In this case, they put a signature on the document, with indication of the exact date and time;
- refusal in this case;
- about the return of the investigation to the investigator for further verification.In this case, the prosecutor may be given additional guidance on the investigation, the period of their implementation is not more than five days.
Appeal against the decision to institute criminal proceedings can be carried out directly by a person accused of a crime, to be more precise, his lawyer.This right is provided for by the legislation of Russia as part of protection of the suspect.The judgment may be appealed, as a rule, non-judicial or judicial procedure.Please be aware that any persuasion (using threats and physical force, or without any) law enforcement confess to a crime are considered illegal because it violates the constitutionally defined rights of a citizen of the Russian Federation, and as well as illegal the decision to institute criminal proceedings may be challengedin a court.
