In Art. 150 of the Code of Criminal Procedure provides detailed information on the types of preliminary investigation, as well as an exhaustive list of criminal cases for which it is carried out in one form or another. The content of the norm varies regularly, sometimes several times a year. What is the essence of this article, what is a preliminary investigation, what kind of form it may take, and what its goals are - read more about this in the article.
Most criminal cases can not be tried by a courtconsider immediately, for this they should be properly prepared. If preliminary work in the civil process is of a rather simple nature and is conducted not only by the court, but also by the parties, then a number of factors impede the criminal course of events. Establishing actual guilt often complicates the unobvious nature of many crimes, various kinds of opposition from the guilty and accused persons, etc. That is why the accuser can not formulate his demands at once in the final form. Immediately it is necessary to find out the traces of the crime and consolidate them, establish the suspect and find him, collect and then check the evidence, arguments, determine the subject of the dispute (criminal law) and in the end ensure the presence of the accused at the trial. As a rule, all this requires quite a lot of time and effort. In other words, a preliminary investigation is required, which has two forms defined in art. 150 CCP. It is carried out by special state bodies endowed with special powers and resources. In the Russian criminal trial, a preliminary investigation is the leading form of pre-trial preparation of the case. Only in criminal cases involving a private prosecution, and not a public one, instead of it preparation for the trial is carried out by the victim with the help of a justice of the peace.
Before proceeding to the consideration of formspreliminary investigation, indicated in art. 150 CCP, we should focus on the goals and tasks that it poses. What is their difference? Goals are, in fact, the expected result, which, perhaps, will not be achieved in a particular case, and the task is the responsibility of all participants in the relevant process. For various reasons, the case may remain uncovered, the offender not caught, evidence not collected, and so on.
So, before the process of preliminary investigation in any case, the following objectives are:
To achieve the above goals, the following tasks are set before the bodies that implement the preliminary investigation (Article 150 of the Code of Criminal Procedure):
Any procedural form, beingset of bases, procedures, conditions and guarantees, has a feature - the ability to differentiate. In other words, it can be divided into different components according to the nature of criminal cases. Differentiation can go in two ways: towards simplification or complication. Preliminary investigation - this is also a separate stage, and it has its own procedural form. As can be seen from art. 150 CCP RF (with the latest changes should be read in the source), it can differentiate in the direction of simplification - this inquiry or complications - the consequence. Let us dwell on each form in more detail.
Under the preliminary investigation, the mostfull, all-encompassing form, on which a preliminary investigation can be conducted. It maximally ensures the guarantee of establishing the true circumstances of the crime, as well as realizing the rights of the participants in the process. It is also the main one. Preliminary investigation is carried out for all criminal cases, except those that are directly specified in Part 3 of Art. 150 CCP, as well as those that were initiated as a private prosecution.
The investigators of the Investigative Committee of the Russian Federation (IC of Russia - the structure was formed on the basis of the same-name body at the Prosecutor's Office in 2011), the bodies of internal affairs, as well as the FSB are authorized to conduct it.
The inquiry is a simplified forminvestigation (preliminary). It can be carried out by the investigator or the investigator in the category of criminal cases where the conduct of the investigation is not necessary. For a simplified form of investigation (inquiry), the basis and conditions are the small danger of a criminal act. As a rule, it takes place for crimes of medium and small severity, an exhaustive list of which is presented in art. 150 of the Code of Criminal Procedure. With the latest changes, the second condition that was previously present in the norm, on which the case could be transferred to the inquiry, was ruled out. Such was the small complexity of the investigation, which depended on the availability of evidence. In this regard, the inquiry was conducted mainly on the so-called "disclosed" criminal cases, which were brought against a specific person.
One of the important conditions for a successful investigation -this is the correct choice of its shape. In this case, the production of an inquiry in lieu of the preliminary investigation laid on all grounds should be regarded as a significant violation of the CPC norms, which contains direct instructions on this matter.
This rule in part one indicates thatpreliminary investigation can be conducted in the form of a consequence or inquiry. The latter in particular can be implemented in abbreviated form or in the general order.
The range of criminal cases for whichpreliminary investigation, is defined in the second part of the norm. It does not contain specific articles of the Special Part of the Criminal Code, but it says that this form of investigation is used in all cases, except for those that are regulated by part three.
Turning to paragraph 1 of part 3 of Art. 150 of the Code of Criminal Procedure, we see that it contains a direct indication of the law on the criminal charges of a public nature, an inquiry is organized. The list is quite voluminous and includes in particular: abandonment in danger, illegal deprivation of liberty (simple composition), negligent storage of weapons (gunshot), cruelty to animals, vandalism, etc.
In addition, according to the second paragraph of part threeof the norm in question, an inquiry may also be possible for other cases (not specified in Part 1) of medium and small gravity, if there are written instructions from the prosecutor. With his own permission, in accordance with Part 4 of this article, all criminal cases listed in paragraph 1 can be transferred for conducting a preliminary investigation.
Changes in Art. 150 CCP RF occur quite often. If you look at the statistics, you can see that the text of the rule changes almost every year. For example, in 2011 the changes were carried out three times, in 2012 - 5, in 2015 - 6, in 2016 - 6. As the criminal law norms are updated, the comments to them also change.
In the previous year, the amendments concerned part twoarticles. The list of criminal cases on which an inquiry is to be conducted was repeatedly supplemented with new norms. The amendment of the Criminal Code, as a rule, entails the introduction of innovations in the Criminal Procedure Code. When dealing with legislation, it is important to keep track of all the upcoming innovations.