On the basis of Article 145 of the Code of Criminal Procedure of the Russian Federation, the bodies of inquiry and investigation, after conducting an audit on a message about a committed atrocity, make a certain procedural decision.
Also, law enforcement officers can transmit information about the deed of the investigation. If the received report of the crime relates to cases of private prosecution, then it is transferred from the police to the magistrate's court. In addition, the initiation of proceedings may be refused. This is allowed if, during the verification of a report of a committed crime, there was no reason to open a preliminary investigation. A criminal case can only be instituted according to the rules prescribed in the CPC.
the main thing
When respectable citizens are faced with violations of the law, they have to turn to law enforcement for help. This usually happens by filing an application with the police. Nevertheless, it is impossible to know in advance what the reaction of law enforcement officers to the message will be. Therefore, art. 145 Code of Criminal Procedure. Indeed, it is only on the basis of this article that the inquiry officer, investigator, or their immediate superiors can make a procedural decision.
Actions
In accordance with the rules of the Code of Criminal Procedure, the officials specified in part 1 of article 145 of the Code of Criminal Procedure of the Russian Federation are obliged to accept and conduct an audit on any information received about an impending or committed atrocity. They can do this only within the limits of their authority. The final procedural decision on reporting a crime must be prepared by the interrogating officer, investigator, or the heads of the preliminary investigation or inquiry bodies no later than 3 days after the receipt of information from the citizen. Although, if necessary, this period can be extended.
During the implementation of preliminary procedural measures, officials have the right to conduct documentary checks, involve various specialists, examine all available evidence, and take the necessary explanations.
Case initiation
The specified procedural decision is made by law enforcement officials after the report of the crime is considered. This rule is fixed in Art. 145 Code of Criminal Procedure. Of course, in order to open a criminal case, it is necessary to have a reason and a basis. As a rule, if a citizen wrote a statement about the crime to the police, then investigators and interrogators verify the accuracy of this information. If, after conducting an appropriate audit, officials see signs of an offense, they will initiate proceedings and begin a preliminary investigation.
Very often, in practice, it happens that citizens report information to the police about a committed crime, which actually did not happen. So, this is not worth doing. Because for false denunciation to law enforcement agencies, liability is provided for in article 306 of the Criminal Code.
Renouncement
It is impossible to know in advance what will be the reaction of law enforcement officers to the message about the atrocity committed. Yes, on the basis of the current Code of Criminal Procedure, they are required to conduct an audit. But in the event that information about the deed is not confirmed, the official will decide on the refusal to open the case. In practice, this happens quite often.
The current Code of Criminal Procedure states that it is impossible to initiate proceedings in several cases:
- due to the lack of an event of atrocity;
- no corpus delicti;
- a person died, whom it was necessary to attract as a suspect;
- the statute of limitations has expired;
- there is no statement from the injured party (when without a written appeal it is impossible to start a preliminary investigation).
In the event that law enforcement officers are simply inactive or delayed with the completion of the audit and the issuance of an appropriate procedural decision, you can appeal to the prosecutor and the court. Thus, Art. 145 of the Code of Criminal Procedure of the Russian Federation indicates that an investigator or inquiry officer may refuse to open a case after checking the report of a crime, but only on the grounds that are enshrined in law.
Transmitted under jurisdiction
All citizens of our state report crimes only to the police. Nevertheless, under the current legislation, the ATS cannot always assume the responsibility for solving crimes. This is due to the fact that each body of the law enforcement system has its own jurisdiction. So, for example, murder cases are investigated only by employees of the investigative committee, while non-payment of alimony is carried out by investigators of the bailiff service.
That is why, according to Art. 145 of the Code of Criminal Procedure of the Russian Federation, investigators and interrogators have the opportunity to transmit a message about a committed act to the body whose competence includes the disclosure of a certain crime. This is done only after the received information passes the necessary verification. All disputes over jurisdiction are resolved by the prosecutor.
To court
As already mentioned earlier, investigators and interrogators, after considering a report of a crime, make a certain procedural decision. The law provides for this in Art. 145 Code of Criminal Procedure. Messages about acts of private prosecution are referred for consideration to a magistrate's court.
Nuances
After the report of the crime has been considered, the applicant is notified of the results of the decision made regarding him. This is indicated by the norm of article 145 of the Code of Criminal Procedure. In addition, the applicant is explained the right and procedure for appealing against the adopted procedural decision.
Important
In the event that a report of a committed crime is submitted for consideration to another authority, the investigator, the interrogating officer, as well as their leaders, take measures to preserve traces of the crime. This rule is spelled out in article 145 of the Code of Criminal Procedure.
The procedure established by law
Upon receipt of a message about an impending or committed act, the investigation and inquiry bodies must accept it and take the necessary procedural measures. This is mentioned in Art. 144, 145 of the Code of Criminal Procedure. What does such a check include? At the time of accepting the application, a person is issued a document stating the time and data of the employee. Persons who participate in the conduct of procedural actions are explained their rights about the opportunity not to incriminate themselves and loved ones.
In the event that the law enforcement authorities do not accept a crime from a person, the latter may appeal the refusal to a court or prosecutor. All actions of law enforcement officers on the information received are enshrined in Art. 144, 145 of the Code of Criminal Procedure, which once again confirms that the investigation and inquiry must respond to any signals about the committed acts.
A comment
Decisions that are taken after a detailed study of the report of a committed act are recorded in Art. 145 Code of Criminal Procedure. The commentary on this article also confirms this. After all, only the bodies of inquiry and investigation are authorized to carry out activities aimed at solving crimes. Nevertheless, each of them has its own competence. Therefore, if the report of the committed act relates to the case of a private prosecution, then it is sent to the justice of the peace. This is mentioned in the norms of the CPC.
The applicant must be notified of the results of the consideration of a report of a criminal act. The latter is also explained his rights to appeal the decision.
Total
After all of the above, it is possible to draw a logical conclusion that only the bodies of inquiry and investigation can deal with the initial verification of the received signal about a committed or planned crime. Then they transfer the materials of the work done to other competent institutions.
Very often in practice it also happens that people first report information to the police about the crime committed, and then refuse their reports. So, by law it is forbidden to carry out such actions. Indeed, instead of engaging in the disclosure and investigation of truly committed acts and the search for a criminal, law enforcement officers investigate the false information received. And it takes a lot of time and effort.
Questions
Not all citizens have knowledge of the law. It is for this reason that many of them are interested in the question of in what cases law enforcement officials apply article 145 of the Code of Criminal Procedure of the Russian Federation. What does this rule of code mean? So, everyone needs to know that when you receive any phone call, statements about a committed or impending crime, law enforcement officials are required to verify the information provided by the person. This is the work of these officials. Based on the results of the audit, the investigator or interrogating officer makes a procedural decision. This is exactly what is written in Art. 145 Code of Criminal Procedure. This means that the initiation of proceedings may be denied or, conversely, start a preliminary investigation (unless, of course, information about the deed is confirmed). Also, officials transmit the message to those competent authorities that should examine the received message.