According to statistics, every year in Russia is made more than 2 million crimes, and in almost every one of them made a preliminary investigation.
During the investigation should be set all the circumstances and evidence collected.After the procedure, the investigator forms the indictment or the act.
How do they differ?The indictment and the indictment - the two forms of the same result.The conclusion is created in case the accused has committed a serious crime, because the materials of the criminal case are the investigator, the act - if committed minor crimes and is busy with the investigator.
Once completed the preliminary investigation, the case file with the indictment documents are sent to the public prosecutor, who decides to transfer the materials to the court.
preliminary investigation
During the preliminary investigation, the investigator gathers evidence to ascertain the circumstances of the crime and forms as a result of material in the aggregate.
Drafting of the indictment - the prerogative of the investigating authorities.The document must contain all the data stipulated by law (Article 220 Code of Criminal Procedure).Without this information, the indictment is considered to be unformed.The preliminary investigation should be carried out without procedural violations.The materials of the criminal case, which are formed in the process, should be carefully examined as a prosecutor, and the defense and by the accused.Besides, access to materials can be victims.
Taken together, the materials of the criminal case - is the procedural documents, forms and requirements enshrined in law under Article 474 Code of Criminal Procedure.Inspection of material only at the end of the preliminary investigation.
Terms and familiarization defined in Article 217 of the Code.This application can be claimed on the evidence and the application of procedural rules.Applications are considered by the investigator, who may reject the application or to meet people involved in the case.
Contributing prosecutor
After initial procedural documents are ready, the investigator signs the indictment document and sent to the prosecutor for approval.The public prosecutor is obliged to examine all the materials of the case and examine them for 5 days.
recommended study materials to start with the indictment, but some experts believe that the conclusion of the investigator often expresses his own views on the offense in terms of the guilt or innocence of the accused.Thus, the opinion of the investigator may affect not only the decision of the prosecutor, and other officials involved in the case.
copy of the indictment should be necessarily directed to the accused, or is a violation of the Code of Procedure.In the event that the conclusion can not be obtained for some circumstances, the accused, the prosecutor makes a note in the materials with the obligatory indication of the reasons.
Contents of the indictment
accusatory document is being examined in the course of study the case and is the first stage in the study.Drafting of the indictment is intended to include the following information:
- Nameaccused.
- The identity - a brief description.
- Content charges: place, time, purpose and motives of the crime and the circumstances relevant to the case.
- formulated charged with articles of the Criminal Code.
- list of evidence to support the accusation.
- mitigating or aggravating circumstances.
- information about the victim, including the nature and extent of the harm that he suffered as a result of the crime.
- data on claimant or respondent (civilian areas).
First, you need to pay attention to the way the indictment is made, the sample design which is enshrined in Article 220 of the Code of Criminal Procedure.
Since the indictment - this is the document that starts the familiarity with the case, it must be a reference to the sheets and volumes of the criminal case.This is necessary to ensure that, if necessary, the student can apply to the relevant list and consider the information in more detail.
proof of concept
Due to the fact that the indictment contains a list of real and other evidence to consider in more detail what it refers to evidence.
Under article 73 Code of Criminal Procedure evidence in a criminal case can be considered:
- testimony suspect.
- victim testimony.
- protocols of investigative activities.
- expert judgment.
- conclusions of experts.
- evidence.
Indications
evidence must be obtained legally.Illegally obtained evidence is inadmissible, because in such a complex process as the criminal proceedings are not considered.Also, there are certain rules for obtaining evidence as one of the proofs.
In particular, it is forbidden to make an inquiry into the case, if the suspect is in any intoxication is a serious illness that prevented him from adequately to testify, as well as the mentally ill, or is a citizen of a foreign country and do not know the Russian language.In addition, evidence can not be considered evidence of minors, during the interrogation that is not close to the teacher, guardian, or a parent, and so on. N.
information about observing the order of questioning, are included in the indictment.Sample protocol of interrogation rules and forms are defined in Articles 174 and 190 of the Code.
Conclusions expert
entering into evidence expert opinion should be issued in accordance with Article 204 Code of Criminal Procedure.Professionals who carry out the necessary research, it is worth remembering that the false conclusion criminal offense.
expert conducted the study does not have the right to collect the missing information or documents on their own.In the study of the documents necessary to check how the expert examination was conducted.This should be an independent expert, are not interested in the results of the study.The results are entered in the usual way in the indictment.A sample of the expert opinion in the original attached to the case file.
circumstances of the indictment
aggravating or mitigating circumstances in the indictment duplicate list of those in the file.According to Articles 61 and 63 of the Code of Criminal Procedure, the circumstances taken into account in sentencing, which may be either reduced or increased in contrast to the standard.
For example, a mitigating circumstance is the fact of committing a minor offense for the first time, given that a real or a suspended sentence can be assigned below the lower limit.
procedure
Final confirmation of the indictment the prosecutor implies the transfer of materials to the court.Before the approval of the prosecutor has the right to make changes in the document or take other actions, in accordance with Article 222 of the Code, including the criminal case and stop the persecution.In addition, if the prosecutor noted violations or deficiencies, he has the right to refer the matter back to the investigator.In this case, a copy of the indictment in the new format should also be directed to the accused.
changes in the indictment to which the application of the prosecutor has the right to the following:
- essence of the charges, the qualification of the crime.
- Changing the measure of restraint, or abolition, in addition to the house arrest and detention (the measure can change the court).
- Supplement or reducing the list of persons who may be called to court (except for defense witnesses).
After approval, the Prosecutor sent the materials to the court.All petitions and applications are submitted at this stage is not an investigator and judge.
In that case, if there is a selection of the case into separate proceedings or Connect Affairs also prepared the indictment.Sample document under these circumstances does not change.
Help
In conjunction with the indictment should be prepared certificate of the results of the investigation.Since the indictment contains data a priori in reference should be that the results of the work.
It contains the reference data is a criminal case:
- investigation period.
- measure.
- procedural costs.
- presence of civil actions and measures to ensure.
Help on the outcome of the investigation, unlike other materials, is available for the public prosecutor.
isolation and compound Affairs
Criminal proceedings knows cases when, during the preliminary investigation of the case the need arises selection of materials in separate proceedings in another criminal case.This is due to the fact that the investigation revealed a crime not related to the accused and that he committed the offense.Accordingly, in this case the end of each production is an indictment on the criminal case.
Connection affairs requires a few materials in different cases, which are combined on one or more grounds:
- committing a crime by several persons;
- committing acts related to each other by different persons;
- crimes committed by one person or group of persons.
When connecting Affairs constitutes one report, which lists all the circumstances, persons and other categories of materials the prosecution.
