If a crime is discovered, the investigator or interrogator must determine the person who is suitable for all criteria for the commission of the act. The law defines the procedure for the detention of a citizen who is considered a suspect.
In addition, the person must know what he is accused of, and there must also be documented legal confirmation of this. In connection with this procedure, a special decree is drawn up to attract as an accused.
Sample fill: general
First of all, the execution of the resolution requires firm conviction that it was this particular citizen who could have committed a crime. Attract the first one you can not legally.
An investigator or inquiry officer may fill out a form without the participation of the suspect, as this is an internal document that explains the reasons for which a person may be charged.
The decision may be filled in the course of the investigation and finalized after preliminary clarification of the facts related to the crime.
At the end of each generated document, a list of rights is added that can be explained orally to the accused or read to him in the decision.
According to Article 171 of the Code of Criminal Procedure of the Russian Federation (legal rules for attraction), the decision should include the following:
1. Date, place of filling.
2. Surname and title (position) of the compiler.
3. Full details of the accused (name, place and date of birth).
4. A full description of the act, answering the questions: where, when and how the crime was committed, as well as other circumstances that, according to paragraphs 1-4 of part 1 of article 73, are subject to proof.
5. Actually, the decision is the decision to bring as the accused.
The sample design (form) in the photo is basic, since in each case the preparation of the document has its own nuances. Differences will consist only in the general and final part of the document.
If a citizen is involved in several paragraphs, parts or articles of the code, the acts imputed to a person should be listed in detail for each norm.
In the case when the crime is one, and there are several criminals, a decision is made to bring as an accused, a sample of which is considered, for each participant in the act.
Murder
The decision is drawn up based on the results of the entire investigation, when there is irrefutable and sufficient evidence of the guilt of a citizen based on the results of investigative measures.
In the case of a simple murder under Article 105 of the Criminal Code, it is necessary to prove, on the basis of witness testimony and possible fingerprints, the suspect's involvement in the commission of the crime.
If the murder was fraught with any special circumstances, for example, the dismemberment of a corpse or an act that was committed with particular cruelty, then in the first case, the collection of evidence should occur in conjunction with finding parts of the corpse; in the second case, evidence that would indicate a brutal murder.
It is better to fill out the document in the course of the investigation, and in the case of murder, without putting down the dates, so that in the end you get a full, thoughtful and verified decision to bring as the accused.
A sample (murder involving another crime) can be found below in the article.
Theft
The form of the document does not change from crime to crime, but the content itself is different. There are special forms of such documents so as not to transfer the same content from one resolution to another. Especially when it is necessary to issue several decisions regarding the crime, where several persons are participants.
In the event that the theft has occurred, you can use as an example the decision to bring as the accused (sample), which is posted above.
Features
It can be noted that replacing a few words turns the totality of crimes into theft alone. Also, special attention should be paid to the words, without which everything written by the investigator or interrogating officer will be interpreted by the prosecutor or judge, as well as the defense counsel, as a story that does not indicate the commission of an act.
For example, if you take a decision on bringing in as an accused (a sample of “Theft”) and write that Ivanov A.V. he came up, took the money and left, the lawyer of the accused must pay close attention to this. The prosecution will no longer be able to refer to the text of the decision, as it is incorrectly drawn up. Very often, the most difficult provable crimes fell apart due to the carelessness of the investigator or interrogator.
If the decision does not include words such as “having a mercenary intent”, “for the purpose of causing grievous harm” (for example), or “wanting the negative consequences for the victim”, etc., any act can be nullified, including including killing.
Robbery
In the case of a robbery, it is also worth considering not only the correct wording of the text, which will contain a decision on bringing in as an accused (sample). Robbery is associated with the use of weapons or with the threat of their use, as well as causing harm to health, so the investigator also needs to be extremely accurate when filling out.
If we again consider the previous sample with theft and replace a few words, not counting the article number, we get a decision on involvement in relation to robbery.
Here you can see that in this crime the nature of the attack and the intent of the offender also matter.
Features
If the decision to bring as the accused (the sample posted above) contained a message that Ivanov took out an object that looked like a knife, but did not verbally express any threat and at the same time took the money on his own from the cash register, then this crime could be qualified as robbery. A flaw in writing, if the investigator forgot to add or did not attach importance to verbal threats, can reduce the possible term of imprisonment of the robber who committed the robbery by half.