The criminal procedure form, the concept and meaning of which will be discussed in detail in the article, is one of the legal models of state activity. It expresses in it the features and stages of the investigation and trial.
Criminal procedure form: concept and meaning
The model under consideration includes a set of conditions for the commission, which are established in detail by law, the sequence and rules of registration of actions that are carried out during the trial. In this form, the structure of the criminal process itself and its individual stages is fixed. The relevant regulatory acts establish the proceedings on the case. In particular, a sequence of stages is formulated, the conditions for the transition of a business from one stage to another. In addition, factors are established that characterize the proceedings at a particular level, the grounds, procedure and circumstances under which certain events are carried out, the essence of decisions that can be made. The concept of a criminal procedure form occupies a key place in science. Its importance is due directly to the very essence of the consideration of the case, and to the principles by which it is conducted. The proper procedure for the implementation of measures ensures the correct and timely application of the provisions of the Criminal Code to the entities that committed the crime. Criminal procedural forms and guarantees are designed to help identify the truth, to ensure that the interests of the participants in the case are protected by law.
Discussion on the issue
It should be said that the criminal procedure form itself, the concept, the types of this model - all this has always been the subject of controversy among scientists. Each scientist adheres to his own view of the problem. In particular, Cheltsov talked about the fact that the procedural form in the criminal process acts as the procedure established by law for the implementation of individual actions or their combination. Rakhunov, in turn, believed that this model represents precisely regulated rules of the corresponding activity. According to Strogovich, forms of criminal procedural law are a set of conditions established by law for authorized bodies to perform actions by which they perform their functions in the framework of investigation and resolution of cases. He also believed that this model applies to citizens who participate in the proceedings. The specified set of conditions, according to Strogovich, is necessary for the subjects to carry out those actions by which they exercise their rights and fulfill their duties. Shpilev believed that the most appropriate definition of the category in question would be that which covers not only a set of conditions, but also their sequence. We are talking about the procedure for securing and formalizing the actions themselves, the dates in which they are performed.
Intermediate conclusions
The point of view expressed by Cheltsov seems to be not entirely true. In his opinion, the criminal procedure form can be established only for specific events (for example, for a search or interrogation) or to their complex (for a separate stage of the proceedings). In this case, the category in question refers to all activities in the framework of the investigation and proceedings. All activities that need to be carried out express the historical content of the criminal procedure form. The activity in this case consists in the sequential implementation of all stages prescribed by law. More detailed can be called a definition in the works of Strogovich. It should be noted here that the author fairly extended the action of the procedural form to the authorized bodies (court, prosecutor's office, investigative department) and to other entities involved in the proceedings. This can be proved by a practical example. So, both the suspect, the victim, and even the accused, like the other parties to the process, exercise their rights. This is done by filing complaints, petitions, familiarization with the case file. The exercise of rights occurs in the manner strictly stipulated by law. Along with this, it is worth saying that Strogovich went along the same path as Cheltsov. In his opinion, the criminal procedure form is established only for individual actions, and not for their complex as a whole.
A brief analysis of modern publications
A study of legal literature shows that scientists have not been able to develop a unified approach to clarifying the concept. So, for example, Petrukhin believes that the criminal procedure form is the established procedure for investigating crimes and hearing cases in authorized instances. The author presents the category as a set of general, most significant conditions that the activity should correspond to. That is how the achievement of the goals set for legal proceedings will be ensured. Kuznetsov considered the category as a fixed structure of the whole complex of actions and individual stages, the order and sequence of activities. This definition seems more complete. But even in it the meaning of the criminal procedure form is not fully disclosed. In particular, the author indicates only actions that are carried out only by authorized entities and are fixed in regulatory enactments. However, as noted by Stroginov, the procedural form is provided for the implementation of the rights and obligations of other participants in the investigation and legal proceedings. This moment became especially important after the adoption of the new Code of Criminal Procedure. In the Code, the legislator explains in great detail the procedure for exercising the rights of a defense attorney, suspect, accused, victim and other parties to the case.
Key features
The above definitions of different authors have both disadvantages and advantages. However, in none of them are the signs possessed by the elements of the criminal procedure form:
- Obligatory.
- Universality.
- Unity.
A number of authors disclose these criteria separately from the definition; other scientists do not mention them at all.
Generality
Under this sign understand the requirement, which provides for a single order of production for a particular category of cases. Moreover, it does not depend on the complexity or volume of the materials presented. The legislation differentiates the criminal procedure form for a number of reasons. These include:
- Qualification of a crime.
- The presence of a petition from the accused to consider the case in a special manner.
- The presence of a special subject, etc.
The actual grounds, such as the method, place, time of the act, the number of episodes, the number of persons who are brought to justice and a number of others do not affect the procedure for investigation and trial enshrined in law.
Unity
The procedural form in criminal proceedings applies to the entire territory of Russia. This shows the unity of the category for all subjects of the country. This provision is determined by the fact that under the Constitution the criminal process is in the sphere of federal jurisdiction. This is established in paragraph "o" of article 71 of the Basic Law. In this regard, the legislator determines that the procedure for investigation and proceedings is established exclusively in the CPC. It is required for all participants in the case. The unification of the criminal procedure form completely excludes the possibility of the establishment by the regional or local authorities of their own order, different from the federal one.
Obligatory
This criterion indicates the exact and rigorous fulfillment by the participants of the case of the requirements established by the criminal procedure form. This provision acts as an integral condition for the legality of the investigation and proceedings. Violations of established regulations entail appropriate consequences. In particular, the results obtained during certain events lose their legal significance. For example, if the criminal procedure form provided for the collection of evidence is not followed, then the materials will be declared inadmissible. This, in turn, acts as the basis for the cancellation or amendment of the decision in the appellate court.
Components
In accordance with the above material, it can be said that the criminal procedure form is a mandatory, uniform and universal order, provided for:
- The implementation of the individual stages of the investigation and proceedings.
- The proceedings as a whole.
- The implementation of specific actions and decision-making by authorized bodies and officials.
- Realization of rights and fulfillment of obligations by participants in a case.
The last two components of activity, in essence, act as forms of implementing certain criminal procedural relations.
Specificity
The differentiation of the criminal procedure form is determined by the features of the tasks that are solved in the framework of the investigation and proceedings. The specificity of the activity is manifested in the complexity and detail of the established order. In the framework of the case, all circumstances should be identified, the necessary conditions created for the preservation of the legitimate interests of its participants, the validity and legitimacy of the events and decisions made must be ensured. Thus, the criminal procedure forms and guarantees of the rights of subjects are closely interconnected. To ensure compliance with legal requirements, it is envisaged that the case will go through stages. Each stage in this case assumes its own form of production. This, in turn, corresponds to the task of a particular stage and allows you to verify the legality of actions and decisions that have been implemented or taken earlier. The admissibility of evidence is ensured by observing the procedure for collecting and securing it in the relevant documents. Violation of the established requirements invalidates the materials. The criminal procedure form may have features depending on the category of cases. For example, a special procedure is established for private prosecution of crimes for which minors are subjects.
Grounds of application
The content of the procedural form is determined by including in its structure the conditions for the commission of certain actions. Along with this, the grounds for certain events are established. In this case, the terms should be understood as the rules according to which judicial and investigative actions are carried out. The grounds act as solutions. They must be taken to carry out certain activities. For example, the direct basis for initiating criminal proceedings is considered a common ground. Only after this decision is made, it becomes possible to carry out investigative actions (except for examining the crime scene). Judicial sanctions can also be considered grounds. In some cases, they are necessary to carry out investigative measures.
Principles
The procedural form acts as a way to implement the rule of law in the activities of authorized bodies and officials. The conditions for initiating proceedings, the procedure for the implementation of measures are strictly regulated by law. The application of the procedural form is based on the following principles:
- Compliance with the requirements of morality. The procedural form has educational value.
- Compliance with the established procedure ensures the protection of the rights and interests of participants in the case.
- The procedural form has unity, which, however, does not exclude its differentiation under certain circumstances and within special limits.
- Strict and strict adherence to the rules acts as a necessary condition for a lawful investigation, trial of the case on the merits, revealing the truth.
Differentiation of the criminal procedure form
This problem is currently of great interest in the scientific community. It is determined by two factors. One of them concerns attempts to further improve legislation and the category in question. This, undoubtedly, will be facilitated by the differentiation of the procedural form. According to some authors, the opposite approach, consisting in summarizing all cases in all instances, is unlikely to improve the existing rules and procedures. The second factor follows from the liberalization of criminal proceedings. This, in turn, is caused by the strengthening of the dispositive and the weakening of public principles. In practice, there are no objective obstacles to the introduction of various, including simplified, procedures as part of the investigation and proceedings. At the same time, an analysis of some works related to the study of these issues shows that authors usually try to separate criminal procedural forms at a general level. Scientists mean the allocation of special orders in all activities as a whole or its large sections. So, some researchers point out that one of the features of an independent type of legal proceedings is its complexity - the presence of specific features in the work of law enforcement structures at all or at least some stages of the process. According to this position, it is possible to divide all activities into general and different special orders. Special rules, for example, include production:
- involving minors;
- using compulsory medical measures and so on.
It is also possible to differentiate large sections of the process (for example, legal proceedings or pre-trial proceedings).
The implementation of legal relations
The forms in which it is carried out are determined by the content and nature of the interactions. The legislation establishes a specific procedure for the implementation of each action and decision. The rules are determined by the sequence of execution of certain behavioral acts, terms, specifics of documentation, and so on. Judicial and investigative actions have their own varieties. For example, they distinguish interrogation, seizure, search, inspection, examination, familiarization with the case file, and so on. Procedures for making certain decisions are also differentiated. For example, on involving the subject as an accused, initiating proceedings, ordering a hearing, etc. The legislation provides for the separation of forms of participation in the process of organizations and individuals. They can make petitions, appeal decisions or actions / omissions of authorized persons and so on.
Exercise of authority
Procedural forms are divided depending on the subject composition. In particular, the activities are carried out:
- Party to the charge.
- Court.
- Party of protection.
The activities of the court are carried out in the forms of control and justice. The prosecution exercises its powers in the prosecution. It can be carried out in private, public-private or public order. In addition, the legislation provides for the procedural form of prosecutorial supervision. In particular, the activities of the bodies of preliminary investigation and inquiry are monitored. The lawyer, the accused / suspect, as well as other participants in the process fulfill their duties and exercise their rights in the form of protection against prosecution. It should be said that this activity does not currently have clear regulation in the legislation.