criminal trial - this place is the case according to the established Code of Criminal Procedure in the case of a criminal act.Further, all the existing materials documented, this document is called a set of proceedings.Criminal proceedings - a form of criminal proceedings.At this stage the authorized officials or public authorities, having learned of the impending or has committed an act of criminal nature, are beginning to establish the plausibility of the received information.Only after that decision or refuse to start a business institution.
excitation of criminal case - is an integral and mandatory part of the criminal process, it always starts with making a complaint or statement, set out in Art.108 Code of Criminal Procedure.Within three days (in rare cases for more than 10 days) must be carried out verification of all the circumstances, in which the traces of the crime will be revealed.The law states that each received a report shall be made any decision.
excitation of criminal case of the CCP is a statutory action response by the prosecutor, the court, the investigator or the body of inquiry, which became known events containing elements of a crime.The decision to initiate v / d (Art. 146 h. 2) shall include:
- Settlement (territorial location, country, city itd), date and time of issuance.
- Who made the decision (name, class rank, position or body).
- base and an occasion in his excitement.
- Criminal Code article number, part, point, signs of which are revealed in a statement of the materials testing.
On the basis of this article will be the right decision on the preliminary investigation.The earlier start criminal proceedings, the greater the chance to solve a crime "without delay."A belated investigation into the incoming signal can lead to serious consequences.
According to Art.178, before issuing decrees prohibited to carry out investigations, excluding those that are not urgent.This is due to the fact that after signing process in the action against persons involved in criminal proceedings will apply measures SCP, which significantly restricts the freedom and constitutional rights.Citizens must undergo examination, interrogations, searches, seizures and other measures.Valid such coercive measures when explicitly set all the signs of the offense and have initiated / d in relation to the offender.
Who has the right to bring at / d?
such rights are endowed with investigative bodies, prosecutor, judge and investigator of the Criminal Procedure Code under Articles №3, 112, 109, 255 and 256. These powers no one else has.That person, who will investigate, must first decide on the initiation of proceedings and to take its proceedings.Criminal proceedings may not commence in the event that officials are no grounds (Art. 113 h. 1).
The refusal also be ordered, which indicates a reasoned justification, that is,the document should be disclosed specific data, clearly substantiate this conclusion.A person who rendered this decision, is obliged to verbally explain to all interested citizens that they have the right to appeal.During the validity of the order initiating proceedings must ensure public prosecutor's supervision (Art. 116).
The duties of the prosecutor includes: oversight of unjustified refusal or arousal / d, the maintenance of order and terms of consideration of complaints.Therefore, the law requires that the prosecutor within days after signing the decree was sent a copy.In case of inconsistency, he has the right to cancel the decision by the investigator or body of inquiry.The procedure for initiating a criminal case must be strictly observed.
