Art. 152 of the Code of Criminal Procedure of the Russian Federation regulates the issue of the location of the preliminary investigation. The norm establishes requirements regarding the procedure itself, as well as the timing of its production, the particulars of the transfer of the case and other capabilities of the authorized person.
Part 1, Art. 152 Code of Criminal Procedure
A preliminary investigation is carried out at the scene of the act, which contains evidence of a crime. Exceptions are cases provided for in this article. P. 1, Art. 152 of the Code of Criminal Procedure allows for search / investigative measures in another place. Moreover, these actions can be carried out both by an authorized person in person and by another employee on his behalf. The latter should be carried out within ten days.
Different places of the act
In Art. 152 part 2 of the Code of Criminal Procedure of the Russian Federation it was established that if the beginning of the act was at one address and the completion was at another, a preliminary investigation is carried out at the last. If the crimes were in various places, then the decision to conduct an investigation is made by a higher leader. Detective and investigative measures are carried out in such cases at the address of the most serious act or most of the wrongful acts.
Location of the subjects
Art. 152 part 4 of the Code of Criminal Procedure provides for the possibility of investigative actions at the address of the accused or most of the witnesses. In this way, the goals of the actions carried out by authorized persons are provided. P. 4, Art. 152 Code of Criminal Procedure defines them as follows:
- Completeness of the investigation.
- Objectivity of events.
- Compliance with the procedural deadline.
Referral Case
An investigator / investigator, after establishing the fact that a given crime is not investigated by him, performs urgent actions. After that, the authorized person transfers the case to higher officials. In particular, the investigator sends the materials to the head of the department, the inquirer to the prosecutor. Superior persons, in turn, transmit materials under jurisdiction. In h. 6 Article 152 of the Code of Criminal Procedure of the Russian Federation, in accordance with a reasoned decision of the head of a higher investigating authority, a case may be sent to a higher division to carry out preliminary activities. In this case, the prosecutor must be notified in writing.
Art. 152 Code of Criminal Procedure with comments
The article in question formulates the rules on territorial investigations. This term rightfully designates the venue of the preliminary events. This is confirmed by a direct reference to this definition in Art. 152 Code of Criminal Procedure. In accordance with the general rule, a preliminary investigation is conducted where the crime has ended. Moreover, the place of occurrence of the consequences of the act does not matter.
Crime Completion Site
This place is determined by the territory, which belongs to the jurisdiction of the investigating authority, where the last action related to the objective corpus delicti was performed. It is also the site on which behavioral acts were to be committed with inaction. For example, a criminal from place 1 shot at a victim who was in place 2. Despite the fact that the corpse will be in the second section, a preliminary investigation should be carried out in the first.
Territory Allocation
The definition of the limits of sections between the same investigative bodies is carried out by departmental legal acts. In this case, the administrative-territorial division is taken into account. In the initial stages of preliminary activities, jurisdiction is determined approximately. The investigation begins in the area where the criminal proceedings were instituted or where the case was directed by the unit head / prosecutor. To establish the jurisdiction of another body, the rules provided for in the fifth part of Art. 152 Code of Criminal Procedure.
Actions outside the place of investigation
For their implementation in Art. 152 Code of Criminal Procedure (with commentary) provides two ways:
- Departure of an authorized person to another territory.
- Sending an assignment to another locality.
The choice of the method is carried out by the investigator himself in such a way that there is no alienation of his exceptional procedural capabilities (powers). An order is a certain exception to the principle of immediacy. In this regard, its limits should be limited. Otherwise, the institution of jurisdiction will lose its meaning, since in such a situation everything can be assigned to other bodies. In these cases, it is necessary to be guided by Art. 151, 152 Code of Criminal Procedure.
Commission
The investigator must personally carry out the procedural actions if:
- It is necessary to carry out a large volume of events.
- Procedural actions relate to the assessment of evidence in aggregate, that is, the adoption of a decision determining the direction of the investigation.
In other cases, it is allowed to instruct other officials to conduct events. It is written in writing. It contains an order for the execution of search or procedural actions relating to the case under study. The Code provides for 2 types of instructions to the inquiry body:
- At the scene of the investigation.
- Off-site investigation.
In the latter case, the order may be sent to both the inquiry body and the investigator.
Specificity
When instructed to carry out procedural measures, it is necessary to take into account a number of points:
1. The contractor is subject to the challenge order.
2. The rights of participants to be present during the execution of the order must be ensured. For example, if the event is carried out at the request of the victim, suspect, accused, lawyer, civil plaintiff, then they have the right to participate in it. In this case, the defense counsel must be notified of the actions taken in relation to the suspect. Violation of this rule entails the inadmissibility of evidence obtained in the event.
3. In addition to investigative activities (aimed at collecting evidence), the commission of other procedural actions is allowed . These include:
- acquaintance of persons with decisions on their recognition as participants in the criminal process and an explanation to them of their duties and rights;
- enforcement of coercive measures (drive, seizure of an obligation to appear, seizure of property, detention);
- providing measures to identify and eliminate the circumstances that contributed to the commission of the crime.
additional information
The order for the production of operational or search measures provided for in Art. 152 of the Code of Criminal Procedure of the Russian Federation, may be carried out with the aim of establishing the identity of the perpetrator or the address of his location, determining the property to be arrested or sources of evidence. The operational units choose specific methods and means for fulfilling the requirements on their own. The established ten-day period may be extended or changed by the guarantor himself. The production of procedural measures is carried out within the time of the preliminary investigation. Investigative actions may be carried out on a suspended case. This provision is enshrined in Article 210 of the Code.
Applications
A separate order may be accompanied by copies of investigative documents. These include, in particular, protocols of examinations, interrogations, etc. Documents should relate to circumstances to be established. If the order concerns the seizure of correspondence and its seizure, a court ruling is required. According to Art. 152 of the Code of Criminal Procedure, the contractor may conduct additional activities that are inextricably linked to those specified in the received order. If the order concerns conducting a search, detention of a suspect, and seizure, then relevant decisions must be attached to it (prosecutorial sanction for a search, for example).
Urgent action
They are held before the investigator redirects the case to the prosecutor for further transfer to the jurisdiction. Under urgent should be understood any measures, delay in the implementation of which may lead to the loss of evidence. The deadline and list of the production of such investigative actions, established for the bodies of inquiry, is orienting for the investigator. The list and time limits are formulated in Art. 157 of the Code.
Forced procedural measures
The question of which territorial authority should issue a permit to them when executing instructions is not resolved in the legislation. When the relevant decision is made without the participation of the suspect / accused, it seems appropriate to obtain a decision from the court at the place of investigation. In many cases, in the courtroom for direct consideration of the case, it is necessary to ensure the presence of the subject of the crime. In such situations, permission to apply coercive measures in the execution of an order is issued by the court at the place of the procedural action. This provision is enshrined in Art. 108, part 4 of the Code.