A preliminary investigation of the atrocity ends with the fact that the case with the indictment is submitted for approval to the prosecutor's office. After that, all materials are sent to the judicial authority for consideration and decision. This should be duly notified to the parties to the process. In addition, Art. 222 of the Code of Criminal Procedure indicates that the prosecutor must hand a copy of the report to the alleged attacker with all the documents that are attached to the case. This will be written in more detail in this article.
What you need to know
After collecting all the necessary evidence in the case, the law enforcement officer completes the preliminary investigation, that is, sends all the materials with the written opinion to the prosecutor. This is the law. The prosecutor must take a decision on the case within five days.
In the specified period of time, the official carefully studies all the materials and only after that puts his signature on the procedural document. If the prosecutor considers that it is necessary to collect additional evidence in the case, as well as to carry out some investigative actions, then he will return it to a law enforcement officer. This is supported by a ruling.
Direction
If the prosecutor approves the conclusion received by him, then he transfers the case together with the specified procedural document to the judicial authorities. This rule is spelled out in Art. 222 Code of Criminal Procedure. This must be notified to the parties to the process. In addition, the participants in the proceedings are explained their rights about the possibility of submitting applications for certain actions that would help to establish all the circumstances of the committed crime.
Handing over
A copy of the report, which accuses the person of a committed act, together with all available applications, is transmitted by the prosecutor to the alleged attacker. This is written in Art. 222 Code of Criminal Procedure.
In the event that the defense counsel and the injured person wish to receive copies of this procedural document in their hands, they must file a corresponding application. The prosecutor cannot refuse to grant such a request to the indicated participants in the proceedings.
If the alleged attacker is held in a pre-trial detention center, a copy of the indictment must be handed to him by the administration of this institution on behalf of the official. The receipt that the person in the pre-trial detention center received the specified procedural document is sent to the court.
If refused
Judicial practice has known cases where the alleged attacker did not want to receive a copy of the report, which stated that he was accused of committing an act. In such a situation, the prosecutor's office when sending a criminal case to the court must indicate in the cover letter the reasons why the person refused to accept this procedural document. This is the law.
Sometimes it happens that the accused does not specifically receive a copy of the conclusion with all available applications, thereby delaying the process of the consideration of the case by the authority. In addition, upon receipt of the case by the court, the presiding judge must check whether the specified procedural document has been handed over to the person under investigation. If this does not happen, then the judge, at the request of the accused or his lawyer, or on his own initiative, returns the case back to the prosecutor's office.
A comment
After the prosecutor approved the conclusion stating that the alleged attacker had committed an act, the case was referred to court. The indicated rule is enshrined in Art. 222 Code of Criminal Procedure. It is impossible to disagree with the comments on this article. Moreover, at the same time, a copy of the report should be given to the accused. This document is handed to other participants in the process only if they themselves apply for it.
In the event that the alleged attacker is held in a detention center, a copy of the report is transferred to him against the receipt of the SIZO administrations. This is done on behalf of the prosecutor. This rule is fixed in Art. 222 Code of Criminal Procedure.
In the event that the person under investigation refused to give him a copy of the report, which says that he is accused of committing a crime, or who declined to receive a procedural document, the case is referred to the judicial authority indicating the disrespectful reasons for the refusal.
Practice
The man stole a very expensive smartphone. But he was detained by police in hot pursuit. CCTV cameras installed in the courtyard of the apartment building helped to catch the attacker. The man confessed to the deed, and therefore the investigator left him free on his own recognizance not until trial.
At that moment, when a law enforcement officer called him to the department to hand in a copy of the report, which stated that the latter was accused of committing a crime, he simply did not come and did not report the reasons for his failure to appear. Thus, the person under investigation violated the terms of recognizance not to leave and was subjected to drive. But he did not want to sign the adoption of the procedural document.
Therefore, the prosecutor sent the case to court without transmitting a copy of the report to the latter (he wrote about the reasons for not giving the accused to him in the document itself). This rule is contained in Art. 222 Code of Criminal Procedure in the new edition.
And despite the fact that the accused asked the court to return the case to the prosecutor, since the prosecutor had substantially violated his interests, this was not done. The meeting took place and the latter was sentenced to one year probation with a trial period of 6 months.
Important
The conclusion, which says that the person under investigation is accused of committing atrocities, is considered a special procedural document, necessary for the lawyer of the latter to build his line of defense. Indeed, without this, it will simply be impossible to help the defendant prove his innocence. Therefore, an experienced attorney always knows that all the nuances and important points of the case are stated precisely in the conclusion. This means that this procedural document must be carefully read before the meeting.