Knowledge of some issues related to the production of a preliminary investigation, as well as the procedural consolidation of its stages is very important not only for officials, but also for citizens. That is why we suggest that you familiarize yourself with this type of procedural document as an indictment.
What documents complete the preliminary investigation?
The Criminal Procedure Law establishes two possible main varieties of the investigation conducted by investigators and interrogators - preliminary investigation and inquiry. The latter also happens in two forms; this is an inquiry in general form and in abbreviated form. The legislator obliges the participants in the ongoing criminal process to draw up a procedural document that will formally consolidate the final result of the investigation. A number of articles and paragraphs of the Code of Criminal Procedure of the Russian Federation (hereinafter - the Code of Criminal Procedure) oblige to draw up an indictment, or an indictment, or an indictment. If the first two documents relate to the preliminary investigation, then the latter completes the inquiry. Let's try to figure out why so many different documents with the same meaning are needed and how they differ from each other. And we will pay special attention to the indictment in a criminal case.
The concept and general characteristics of the indictment
The indictment is the most important procedural document that completes the inquiry process, is more simplified in comparison with other types of final procedural documents. Note that such a document is compiled only by the inquiry officer. It forms the main results of the investigation, which consist in bringing charges against a particular person or group of persons, notes the evidence that confirms the above conclusions. It is important to know that the indictment of inquiry is drawn up only by the official in whose jurisdiction the criminal case was located. It is possible to transfer jurisdiction, that is, a situation where a case is transferred from one inquiry officer to another for any reason.
The structure and essence of the indictment
The legislator has identified the main parts that should be present in the prepared indictment or other document. These parts will be further discussed in more detail.
- The indictment under Art. 225 of the Code of Criminal Procedure of the Russian Federation should include the date and place of compilation, succinctly set forth complete and reliable information about the person who is being charged. In addition, the position and surname of the official who drew up the act shall be indicated. All this together forms the introductory part of the act, which is located at the top of the document and is primarily studied by the court.
- Next is the descriptive and motivational part, which marks the place, time and other information about the crime committed. It is important to indicate the motives, methods, goals, and other circumstances that are relevant in sentencing. These may include intoxication, for example, or the presence of minor children. This will be taken into account by the court in assessing evidence. The most important component of the second part is the wording of the charge, which should include a mandatory reference to the subparagraph, if any, paragraph, part and article of the Criminal Code of the Russian Federation. This also includes data on the victim and the harm that was caused to him as a result of the crime. In this part, the court and other participants can familiarize themselves with the essence of the case, a description of the corpus delicti, and information about the person suspected of committing it.
- The indictment is a clear document following the logical structure, which is why it also contains the third part - the application. The composition of this part, according to Part 3.1 of Art. 225 of the procedural law, include a certificate of the period of the inquiry, a civil lawsuit, if any, certificates of the preventive measures taken, measures to ensure the execution of the fine, and other documents established by law. Such documents characterize the work of the interrogator and show the measures taken by the official in the investigation process.
Components of the appendix to the indictment
As noted earlier, the annex to the document is an important part, which is why it is necessary to more specifically and fully know its components. In accordance with the law, the following must be attached to the indictment:
- Information about the specific timing of the inquiry.
- Certificate of preventive measures chosen by the official. In this case, their time is specifically indicated.
- Certificate of material evidence - listing their names, quantity and serial number in the inventory.
- Certificate of civil suit, if any (if material or moral damage is compensated).
- Information on the measures taken by the official to preserve property and ensure the punishment in the form of a fine.
Legal nature of indictment
If we take into account the meaning of paragraph 2 of Part 1 of Art. 47 of the Code of Criminal Procedure, the indictment is of tremendous importance in the movement of a criminal case. From the moment the document is compiled, the person changes the status of the suspect to the status of the accused. First of all, this gives rise to completely new rights and obligations of a person, which is called legal status. The law provides the accused and the defense counsel with the right to carefully read the document and, in case of comments and amendments, ask the interrogating officer to add them to the document. A separate document is also drawn up, in which all the marks are made and the familiarization process is described. The law also provides for the right of the victim and his representative to file a petition to familiarize themselves with the essence of the indictment and all documents that are part of the criminal case.
Where does the indictment go after drafting?
As we found out earlier, the indictment is an important and significant procedural document, which is why you need to know where it is sent and what happens to it after being drawn up. After familiarizing the suspect and the victim with it, it is sent to the head of the inquiry body, who studies it, checks for errors and omissions, and if necessary sends it again to the interrogating officer. If everything is correct and there are no errors, then the document is approved by the head and moves on to the prosecutor.
Prosecutor Verification
After the indictment was approved by the official - the head of the body of inquiry, he, along with other materials of the prepared criminal case, is sent further to the prosecutor, because he has the responsibility to control the activities of the bodies of inquiry. The prosecutor, in turn, must watch, analyze the criminal case and the indictment for him, and, based on the results of the review, make one of the decisions established by the Code of Criminal Procedure of the Russian Federation, which we will note further.
Decisions made by the prosecutor during the examination of the indictment
One of the activities of the prosecutor in the field of supervision is the consideration of the indictment and the decision of the prosecutor based on its results. Such authority is established by Art. 226 Code of Criminal Procedure. Based on the results of the criminal case, the prosecutor can make any of the decisions that are noted below.
- Confirmation of the indictment by the prosecutor and preparation of the case file for referral to the court, where it is further examined.
- The return of the materials of the criminal case to draw up a repeated, more complete indictment, which in the future will meet the requirements put forward. The law establishes a redeployment period of 3 days. An extremely important aspect of work in this direction are the recommendations and comments of the prosecutor, which he notes. In this case, he coordinates the work of police officers and helps them to draw up documents correctly.
- Return of the criminal case so that the employee has the opportunity to conduct an additional inquiry. Moreover, the term for the production of such an inquiry should not exceed 10 days. Such a decision is made when the prosecutor sees that the interrogator closed his eyes to some questions and did not pay attention to important details.
- The termination of production only when there are reasons for this provided for in the Code of Criminal Procedure of the Russian Federation. The law has a separate article that describes cases of suspension and termination of an investigation in a particular case. If the prosecutor determines the existence of one such fact, then the case is terminated.
- Sending a package of documents, which includes the materials of the criminal case, in order to start the production of another type of investigation, for example, a preliminary investigation.
In the event that the indictment is reviewed and approved by the prosecutor, copies are given to the accused and his counsel.
Differentiation of indictment and indictment
First of all, we recall that the indictment is a procedural document of a dual nature. Firstly, a person accepts the status of the accused, and secondly, this is the final document of the inquiry process carried out by officials. In turn, the indictment is the final document of the investigation. In order for a person to become an accused, a separate document is drawn up.
Documentation requirements are governed by various articles of the law. They have many common features among themselves, their structure is also similar, but nevertheless, the importance of documents and their compilation diverge.
The indictment as a result of the work is immediately sent to the prosecutor, in this case, no intermediate instances and approvals are needed. This is due to the fact that the immediate head of the investigator is the prosecutor, and for the inquiry officer, this is the head of the body of inquiry.
It is worth noting that the legal consequences of both documents are the same.
Indictment and indictment: distinction of documents
The indictment is the result of a shortened inquiry, which is based on available evidence and the recognition of the accused. In turn, as we know, the indictment is a procedural document that completes the inquiry process in a general form.
- In order to make an indictment, it is only necessary to carry out those procedural actions which, at the discretion of the inquiry officer, are sufficient to bring charges.
- The terms of the shortened inquiry, as the name implies, are more concise than in the usual inquiry.
Everything else, including design requirements, is one.
The procedural significance of the indictment
Based on the foregoing, we can conclude that the indictment is an essential part of the work of the interrogator. It is this document that brings into the logical structure all the evidence and facts of the crime, based on which the court can make a fair and true decision. In addition, the indictment changes the legal status of the most important participant from the suspect to the accused.