The period of inquiry and its order are of particular importance in the investigation of crimes. These positions are specified by law and define the framework that allows you to establish the truth as quickly and accurately as possible. That is why so much attention is paid to these issues.
What is an inquiry
This type of activity is currently defined as an independent form of preliminary investigation carried out by the relevant officials, namely the interrogators. This is the most accurate and concise definition of the concept of inquiry, which, in turn, is also divided into some types.
It is fundamentally important to see the differences between a given activity as a form of investigation and a preliminary investigation. A significant difference is the subjects of the actions taken. In the first case, they are interrogators, employees of the bodies of inquiry, and in the second case , investigators, and delimit their respective powers.
Targets and goals
The main tasks of the inquiry are those that are provided for in the criminal process itself, namely, the initiation of a case, the prompt disclosure of a crime, the prosecution, criminal prosecution, consideration of materials in court, release from liability - all these are important areas of law enforcement activity.
If we talk about the goals of this activity, they are obvious and stem from the very essence of the inquiry. Any actions of employees of these bodies, as well as investigative bodies, are aimed at achieving the lowest level of crime, as well as possibly preventing its further development.
In addition, you must always remember that goals and objectives are interconnected. The achievement of the latter depends on the accurate and quick implementation of the first, this, in turn, creates a coherent system of combating crime and the conditions for its prevention. To this end, often, or rather, almost always the bodies of inquiry and investigation join forces and cooperate with each other.
Inquiry bodies
The law enforcement system in the Russian Federation is very extensive. It includes a huge number of structures and substructures. However, it is always necessary to distinguish between these bodies, which can be done by examining the powers and directions of activity.
The Code of Criminal Procedure of the Russian Federation establishes a list that reflects all those structures that have the right to conduct an inquiry and have a number of powers necessary for this. These include internal affairs bodies, state fire control authorities , the Federal Service of Service Bailiffs and the heads of military police. The list is exhaustive, as the law fixes.
Also, in some cases, this activity may be affected, for example, the prosecutor extended the period of inquiry and the investigation is not stopped. In addition, the Code of Criminal Procedure of the Russian Federation establishes exceptions, in the case of which other bodies, in addition to those listed, may initiate criminal proceedings or carry out urgent investigative measures.
Investigator Powers
To achieve certain goals and solve problems, inquiry bodies are vested with certain powers, which are also enshrined in the Criminal Procedure Code of the Russian Federation. They imply the existence of a certain right to perform certain actions. Their list is not exhaustive, and allows a wider range of actions of investigators, which does not limit their work.
So, the following can be attributed to the powers of the bodies of inquiry : initiating a criminal case, conducting urgent investigative measures, if the case requires it, conducting an inquiry, including in those cases where a preliminary investigation is not necessary, as well as a number of other actions that are established by law. This disclaimer clarifies that the list here is by no means exhaustive.
Types of Inquiry
The selection of several forms of inquiry is carried out depending on the need for a preliminary investigation. It is almost impossible to meet other classifications; they are not affected by either the period of inquiry or its order. So, the main and always applicable division is two forms, namely, an inquiry with a mandatory preliminary investigation and an inquiry where it is optional.
This approach is applied depending on the type of case. Some of them do not require the intervention of investigative authorities, respectively, there is no need to attract them, which greatly simplifies the work of investigators, leaving everything exclusively under their control. The second option is the exact opposite. An example is the case where urgent investigative actions are needed.
Inquiry term
For the exact implementation of this activity, it is necessary to comply with a number of rules and restrictions that are established by law, otherwise there is a risk of not reaching the desired result. Article 223 of the Code of Criminal Procedure of the Russian Federation establishes the main of such points, and this is the term. The criminal process pays the greatest attention to this issue, which determines the periods of time that are significant for the case.
The activities of the bodies of inquiry are carried out within thirty days from the moment the criminal case was instituted. Of course, there is an opportunity to extend it to two months, and even up to six. However, all this must be carried out only on the basis of the decision of the prosecutor; the investigators do not have independence in this matter.
The maximum period of inquiry, according to the norms of the criminal procedure law, is twelve months, although there have also been other cases that go beyond this figure. However, in order to extend the investigation for such a considerable period of time, the consent of the prosecutor, confirmed by the decision, is also necessary.
Order
The activity of the bodies of inquiry is limited much more than the investigation. Employees of these structures carry out questions regarding the commission of any procedural or investigative actions under the supervision of a manager or even a prosecutor, which sometimes takes a lot of time.
Suspension or resumption of inquiry is possible if the case requires it. However, an employee of the authorities also cannot make such a decision on his own. The meaning of the foregoing is that the interrogators have a number of powers and are free to exercise them within the limits established by law, but at the same time clearly observing certain boundaries.
The most important thing in following the correct order is the period of inquiry, which was mentioned above. Its violation can lead to the fact that all actions of employees will be meaningless and will lose their force in the process of establishing the truth. That is why the order and terms of inquiry are very important interconnected elements.
The value of inquiry
The whole point of this form of investigation is three very important points that fully reflect it. They define the whole essence of inquiry as an important element of all law enforcement activity, from a theoretical point of view. Although many scientists argue about this, one can still identify the main thing that will help to fully appreciate the significance of this activity.
So, the first important aspect is the inevitability of punishment or responsibility. This is important, since the truth is comprehended by obtaining reliable and confirmed facts. The second is the appearance of a new participant, namely the accused, which is important for the process as a whole. And the third, last aspect, is the formation in the process of inquiry of documents for the court, which is also important.