Procedural timelines in criminal proceedings: concept, types, compliance and extension

Procedural timelines and costs in criminal proceedings are the most relevant topic of research by modern lawyers. These elements of the system represent the means, the use of which ensures the implementation of the tasks of legal proceedings. Let us further consider the concept of procedural terms in criminal proceedings .

General information

Procedural periods in criminal proceedings - time intervals established by law. Within their limits, participants in legal proceedings are competent or must make a decision, carry out an action or refrain from it. The regulation of periods applies to all stages of the work on the case.

The value of procedural timelines in criminal proceedings

The established time intervals play an important role in legal proceedings. Different types of procedural terms in criminal proceedings determine the boundaries of decision-making, implementation of actions, the duration of the proceedings as a whole. These periods are regarded as standards and have a binding character. Procedural periods in criminal proceedings are established either directly by law, or determined by decision of the authorized court. In the latter case, they will be mandatory for specific participants in the production or individual actions. Time constraints discipline the subjects involved in the proceedings. In some cases, they give rights, in others they impose obligations to make a decision in a timely manner, to perform an action or to refrain from it. For example, the victim has the opportunity to familiarize himself with the production materials in a timely manner. Another participant, in particular, the prosecutor or investigator, in turn, is obliged to provide the conditions for the person to exercise his right and not create any obstacles to this. Violation of the time frame can lead to adverse consequences. So, these or those decisions can be declared invalid, the evidence collected - not legally binding. In addition, the law provides for liability of officials for violation of time periods. Compliance with the procedural deadlines in criminal proceedings ensures the implementation of guarantees established by law for participants in legal proceedings to protect their rights and interests. In addition, the implementation of regulatory requirements allows for a complete, objective and comprehensive study of the actual circumstances of the case.

Classification of procedural terms in criminal proceedings

In the legal literature, various periods are divided according to various criteria. By nature, the following types of procedural terms in criminal proceedings are distinguished:

1. Paperwork . They provide the internal organization of work of the bodies under whose jurisdiction the materials are located.
2. Periods ensuring the rights of production participants.

In the second case, a pass or a deadline determines the immediate occurrence of a legal opportunity. Record keeping periods limit the activities of authorized employees. Calculation of procedural terms in criminal proceedings in the first and second cases is carried out differently. For these periods, various consequences of the omission are provided. The legislation provides for the extension of procedural terms. In criminal proceedings, it applies only to clerical periods. For example, the investigator can send a corresponding request if he needs to increase the duration of the investigation. If private individuals, for good reason, missed the period in which they could exercise a particular right, then the rules allow the restoration of procedural terms. In criminal proceedings in such situations, rules similar to those established for civil proceedings apply. The person who missed the deadline must provide evidence that the reasons were valid.

Determination methods

According to this criterion, procedural periods in criminal proceedings are established, established by indicating:

1. Period of time.
2. Specific event. For example, the suspension of the preliminary investigation is carried out until the accused recovers. Such a period cannot be determined in advance. Until the occurrence of the relevant event, the authorized employee is obliged to refrain from carrying out investigative measures.
3. Calendar date. For example, the court adjourned the hearing, indicating the date and month of the next hearing. The date also establishes an extended period of detention.

Degree of certainty

On this basis, the following procedural periods in criminal proceedings are distinguished:

1. Long . Such periods give participants the freedom to choose one or another moment of the implementation of an action. These terms are calculated in hours, days, years, months.
2. Simultaneous . These deadlines oblige you to perform certain actions immediately after a decision or procedure. For example, the Code of Criminal Procedure provides that an investigator must interrogate a citizen immediately after charging him. The law also prescribes that a prosecutor, judge, or other authorized employee must immediately release a person who is detained, deprived of his liberty, placed in a medical institution, detained illegally or for a period exceeding the established norms. The corresponding rule is present in Article 10 of the Code of Criminal Procedure (Part 2). If the judicial decision on the detention of a citizen is not received within 2 days from the date of extension of his detention, the person shall be immediately released. The head of the institution where the subject was located informs the investigator or the inquiry body in whose proceedings the relevant case is located.

Extended periods

They are divided into:

1. Certain . This means that the length of the period is precisely established by law. For example, the length of time a person is detained in custody, the time it takes to verify allegations of a crime, the time for inquiry, investigation, complaints, etc. 475 of the Code of Criminal Procedure prescribes a copy of the sentence to be sentenced to the convicted or acquitted person no later than three days after the declaration. If the volume of the decision is large, then the specified period is 10 days.
2. Relatively specific. Their duration is determined by the limits "from" and "to." In these terms, the specific moment of the action or decision is not established. In this case, the participant may exercise the right or fulfill the obligation on any day within the specified period. For example, an interested person may file a civil lawsuit after initiating proceedings before the completion of the trial at first instance. The corresponding rule provides for article 44 of the Code of Criminal Procedure (part 2). Judicial review should begin no later than 14 and no earlier than three days from the date of receipt of the case or application. This rule enshrines Article 321 of the Code (Part 2).
   

Legal implications

On this basis distinguish:

1. Terms for the implementation of law. Their end means the termination of legal opportunities. For example, if the period for submitting an application for appeal or cassation is missed, the subject will lose the right to appeal.
2. Dates of performance of duties. The end of these periods does not entail exemption from the commission of an action. The duty must be fulfilled in any case. If the deadline has expired, sanctions may be applied to the violator. For example, in case of failure to appear on the agenda without a good reason, a citizen can be subjected to forced drive.

Warranty

From this point of view, you can divide the terms into:

1. Ensuring the speed of implementation of legal proceedings. For example, the law establishes specific periods for resolving the issue of initiating a case or refusing to do so, conducting a preliminary investigation or inquiry.
2. Guaranteeing the realization of the interests and rights of production participants. For example, the legislation provides for temporary restrictions on detention and interrogation, choice of preventive measure, charge, custody, etc.
3. Providing prosecutorial supervision and judicial control. These periods are necessary to verify compliance with the law in criminal proceedings. The rules set time limits for notifying the prosecutor of the resumption or suspension of the preliminary investigation, for notifying the judge of the completion of the investigative action without obtaining permission.

The flow of periods

The procedure for calculating procedural terms in criminal proceedings depends on the nature of the action, limited by one or another time frame. General rules are established by Article 128 of the CPC. According to the norm, terms are calculated in hours, days, months. In some cases it is allowed to keep an account in years. Meanwhile, the legislation in certain circumstances requires that an action be taken immediately. Some examples have already been given above. As article 128 of the Code indicates, when calculating the monthly periods, those days and hours that begin the period are not taken into account.

Reference point

If the term is calculated:

1. Hours, the beginning is the hour and minutes when an event occurred that entailed a period. In case of detention, the time period is counted from the moment of actual capture - restriction of physical freedom.
2. For days, the portion of the day / night following the event is taken into account. The period ends at 24 hours of the last day, local time.
3. For months, the current hour and day when the event occurred is not taken into account. In other words, the calculation starts at 00.00 the next day, and the deadline ends on the corresponding calendar day of the month.

If the legislation specifies a day as the period, then the time is taken from 6 a.m. to 10 p.m. local time. For example, article 146 of the Code of Criminal Procedure (part 4) provides that the applicant must be notified on the same day, in norm 172 - the charge is brought on the day when the accused appeared or was forcibly brought.

Features of the end of the period

If the end of the term falls on a non-working day, the next working day will be considered as the last. The exception is cases where such a countdown violates or restricts the interests and rights of a person. These situations include:

1. Detention of a citizen, imprisonment and detention under house arrest, guards, in a medical institution, as well as in the circumstances provided for in Article 397 of the Code of Criminal Procedure.
2. Deferral of execution of sentence.
3. Consideration of the application for the removal of a criminal record.

Non-working days are included in these terms.

Difficulty in practice

Compliance with the deadlines set forth in the norms serves as a guarantee of the opportunity to submit a petition, freedom to appeal decisions and actions of employees and government agencies conducting the proceedings. Violation of the time frame entails negative consequences. In particular, the interests and rights of participants in legal proceedings are infringed, important information of evidentiary value is lost, coercive measures are applied in a timely manner, and so on. In law enforcement practice, there are various phenomena that create the prerequisites for violation of the deadlines. In particular, we are talking about red tape, the illegal delay in making decisions, etc. The facts of holding persons in custody for longer than a specified time, unjustified postponement of proceedings, postponement of the hearing without reason, an appointment over a long time period, and so on are also found. To eliminate these violations, a number of acts were adopted aimed at meeting deadlines. So, Federal Law No. 69 introduced a new principle for establishing a reasonable period. It includes the period from the beginning of the criminal prosecution to its termination or the issuance of a court decision. The starting point is the moment at which the citizen received the status of the accused or suspect. In establishing a reasonable time frame for criminal proceedings, a number of circumstances must be considered. First of all, this is the actual complexity of the case. Of no less importance are:

1. Behavior of production participants.
2. Efficiency, sufficiency of actions of the prosecutor, court, investigators, investigators and their leaders.
3. The total duration of the proceedings.
   

It is important to note that the circumstances associated with the organization of the activities of law enforcement agencies, instances considering the case and supervising the prosecution are not taken into account as grounds for increasing a reasonable time. If a person believes that the trial is delayed without any reason, he can apply to the competent authority with the appropriate statement.