Human activity is far from always legitimate. Very often people go beyond what is permitted. Such acts are called offenses because they actually destroy the existing legal order in the state. Of course, the degree of damage to public relations from this kind of action can be completely different. It all depends on the severity of the perfect act. At the same time, not only offenses are of great interest, but also the process of their identification and suppression.
In the Russian Federation, special law enforcement agencies that are authorized to carry out certain activities by law are engaged in this. The type of offense in this case plays a big role. The form of the proceedings and the type of department that will directly implement it will depend on this factor.
As we know, the most dangerous offenses for society are criminal offenses. Such actions are prosecuted by applicable law, and legal liability is provided for them in accordance with the sanctions of the Russian Criminal Code. The investigation of crimes, in turn, is carried out in the form of a pre-trial investigation, which has two forms: investigation and inquiry. The latter type has its own characteristics and specific legal regulations.
Investigation. The concept
Criminal proceedings are characterized by a number of specific specific aspects. Forms of this activity are elements of one institution - crime investigation. In the science of criminal process, it is presented as a series of actions of authorized bodies carried out with the aim of obtaining any information on committed socially dangerous acts.
In addition, the investigation is conducted to identify the conditions and causes of the crime, the persons who realized it, as well as to apply criminal liability measures to them. Activities of this kind have developed for many years in a row on the territory of modern Russia. Today, the investigation of crimes is carried out by representatives of the relevant law enforcement agencies of Russia in such forms as preliminary inquiry and investigation. It should be noted that both types have common and different features.
Difference between inquiry and investigation
So, we found out that inquiry is one of the elements or forms of investigation of crimes. However, there is such a thing as a consequence. Very often, inquiry and investigation are confused. To distinguish the essence of terms, you need to understand their meaning.
First of all, one should take into account the fact that inquiry and investigation are forms of investigation of crimes. That is, in both cases we are talking about establishing factual evidence of a committed socially dangerous act. But there are some nuances. The main differentiating factor is the gravity of the crimes committed. In other words, the inquiry is carried out on acts of small and medium gravity, and the investigation - on grave and especially grave.
Based on the results of each activity, a personal document is compiled. At the inquiry we have an indictment, and at the investigation - an indictment. Thus, the presented forms of activity are completely different. Therefore, the inquiry and preliminary investigation must be understood and distinguished, since the degree of legal liability measures applied will be different in both cases.
The concept of inquiry
When analyzing any phenomenon, it is necessary to take into account its significance. After all, it is in the concept that the basic essence and possibilities of this or that activity are hidden. Thus, an inquiry is a form of investigation of crimes, as already mentioned above, the purpose of which is to carry out proceedings on the commission of crimes of small and medium gravity.
It is worth noting that this form of investigation is known not only in the Russian Federation. It is actively used in many countries of Eastern Europe and the Middle East. In addition to its purely practical purpose, the institution of inquiry plays a large role for the scientific study of the investigation in the framework of domestic law.
Institute features
The implementation of the inquiry takes place in a strict procedural framework. Moreover, there is the specificity of this form of investigation, which manifests itself in several specific aspects, namely:
- inquiry is carried out only in cases in which there is a suspect;
- an indictment is issued based on the results of the activity;
- an inquiry takes place within thirty days;
- the extension of the period of inquiry is allowed, but not more than thirty days;
- The described form of investigation is being implemented by various law enforcement agencies, in which there is an inquiry department.
The presented features fully reveal the specifics of the institute and its capabilities in the framework of the investigation of criminal offenses.
Inquiry Forms
Despite the simplicity of its regulation, the institution described in the article can be implemented in completely different ways. The implementation algorithm will depend on the form of inquiry. Today, there are several basic forms, if we take into account the provisions of the current criminal procedure legislation:
- Inquiry in full form.
- Shortened inquiry.
- Implementation of urgent investigative actions.
The latter form is the simplest when compared with the other two. Its essence lies in the fact that the investigating authorities, after initiating a criminal case, carry out the necessary investigative actions, the purpose of which is to fix the traces of a socially dangerous act. A feature of the form is the fact that after all the necessary activities have been carried out, the materials are transferred to the investigator. That is, this type of inquiry exists to ensure the investigation as a whole, in order to prevent the loss of any important information, etc.
Short form
Quite interesting is the shortened type inquiry. This kind of procedural activity is quite possible, if we take into account the provisions of domestic law. Abbreviated inquiry is a proceeding applicable in the event of a person's irrefutable and undeniable involvement in a crime. This form exists to limit the irrational waste of funds and forces of the investigating authorities that may arise as a result of the proceedings. In essence, a shorter inquiry is an opportunity to save time. But for the production of this form requires a number of mandatory points.
Production specifics
Inquiry in abbreviated form is carried out only if there are certain grounds for this. Key features of the proceedings are presented in chapter 32 (1) of the Code of Criminal Procedure of the Russian Federation. It should be noted that the conditions listed in the law must be met without exception, namely:
- a criminal case is instituted on the fact of a crime;
- the suspect fully acknowledges the act committed by him, the harm inflicted by him, and also does not dispute the legal qualification;
- circumstances hindering the implementation of the inquiry are absent.
The last point is of great importance. Its elements are presented in Article 226 (2) of the Code of Criminal Procedure of the Russian Federation.
Facts Excluding Abridged Inquiry
The presented norm, that is, Article 226 (2) of the Code of Criminal Procedure, contains a number of circumstances, the presence of which does not allow to implement a shortened form of inquiry. These moments include the following:
- Suspect - a minor;
- there are grounds for implementing medical measures;
- a person committed several acts, one of which is a preliminary investigation;
- the suspect does not speak the language of the proceedings;
- the victim objects to the reduced inquiry.
The presence of at least one of these features precludes a shortened inquiry.
Abbreviated Production Procedure
There are several main features of conducting an inquiry in abbreviated form in addition to the previously presented:
- The term of inquiry in a shortened form begins to be calculated from the moment a decision is made on the implementation of this type of production. Moreover, the investigation period in this case is no more than fifteen days.
- The scope of action is limited to the most urgent and necessary, which fully prove the guilt of the offender and the amount of harm done to him.
- A defender is required to participate in such proceedings.
- The punishment imposed by the court should not exceed half the size or term of the most severe form provided for in the sanction of a particular article.
It should be noted that the inquiry in abbreviated form can be terminated and resumed in the usual manner. This fact is the main guarantee of ensuring freedoms and human rights.
Bodies of preliminary inquiry
Not all bodies and their officials can implement the investigation form described in the article. The list of entities that have an inquiry department in their structure is presented in article 40 of the Code of Criminal Procedure of the Russian Federation. According to its provisions, the authorized bodies are:
- internal affairs bodies, as well as other law enforcement agencies having the right to carry out operational investigative activities;
- Federal Bailiff Service;
- Military Police of the RF Armed Forces, commanders of units, heads of military institutions;
- State Fire Supervision;
- captains of sea-going vessels;
- Heads of Arctic stations; Heads of wintering centers;
- Heads of consular and diplomatic missions.
Thus, only the preliminary inquiry bodies presented above can implement the described form of investigation under certain conditions.
Professional holiday
The existence of interrogators in various bodies of our state necessitated the creation of a special holiday. One may be called the Day of Inquiry. It is celebrated annually on the sixteenth of October. It is worth noting that on this day the Inquiry of the Ministry of Internal Affairs and all other bodies celebrate, in the structure of which the corresponding departments are provided. This is a special holiday for them.
The day of inquiry in many respects proves the necessity of such activity and its significant role in the process of combating crime in the territory of the Russian Federation.