According to Art. 226 of the Code of Criminal Procedure, the prosecutor has several options for how to deal with the case that was transferred to him from the interrogating officer. The article refers to other provisions of the CPC, pays attention to appeal against the actions of the prosecutor's office. It has nuances and litigation in such cases.
In what form is the case transmitted?
Inquiry is a simplified investigation procedure. The result of the investigation is a criminal case, culminating in an indictment. The act describes a picture of a crime, evidence of guilt of the accused person.
The materials are transferred to the head of the inquiry body, which serves as the initial filter, and then the case is transferred to the prosecutor's office. Further, Art. 226 Code of Criminal Procedure.
General position of the prosecutor
The main task of the prosecutor is to ensure the legality of the investigation, in particular the inquiry. The supervisor checks the lawfulness of a criminal case or refusal to commence proceedings, gives permission for some investigative actions.
Further, the prosecutor, in accordance with the provisions of Article 226 of the Code of Criminal Procedure of the Russian Federation, formally checks again the completeness and legality of the measures taken by the interrogating officer.
The investigator is more limited in his freedom of action than the investigator. From the point of view of the Criminal Procedure Code, the prosecutor controls the interrogator no less than his immediate superior.
What powers does the prosecutor exercise?
Art. 226 of the Code of Criminal Procedure of the Russian Federation provides the prosecutor with the following list of powers:
- accept the indictment;
- return the case file for a new act or additional investigation;
- terminate the criminal case;
- refer the case for preliminary investigation.
Having approved the indictment, the prosecutor must hand it to the accused. There is inconsistency with the provisions, requiring the interrogating officer to present to the defense party a copy of the act, which has not yet been approved by the prosecutor's office.
Approval of Act
A place is left in the corner of the act form where the district prosecutor puts his signature or confirms his consent with the act. In fact, one of the assistants is engaged in the verification of the materials, which then will represent the prosecution in court.
Prosecutors put their signature automatically, without delving into the case file.
Return case
The case is returned to the investigator for two reasons:
- identification of all circumstances of the case is not provided;
- there are flaws in the indictment.
For example, no confrontation has been held, although the testimonies of the witnesses contradict each other or other case materials.
Deficiencies of the indictment can be both purely formal and substantial.
For example, a formal violation is the lack of information on the terms of inquiry, preventive measures, civil lawsuit.
The absence of extenuating circumstances or the neglect of one of the witnesses is considered significant.
In both cases, the materials are sent back to the inquiry officer.
10 days are given for additional investigation, 3 days from the moment of transfer of the case for corrections to the indictment.
Termination of business
Art. 226, part 1 of the Code of Criminal Procedure indirectly refers to the following circumstances:
- lack of corpus delicti;
- there is no full evidence of the accused's involvement in the act;
- an amnesty law has been issued if an act falling under it has been committed;
- parties have reached reconciliation;
- active repentance took place (excludes responsibility for the commission of acts of small or medium gravity).
In Art. 226 of the Code of Criminal Procedure with comments, it is noted that the list of grounds for which an indirect link is given is extensive.
Handing over the case to the investigator
The investigator has broader powers and is given 2 months to investigate. The investigator is only 30 days from the date of the decision on the start of production.
Art. 226 Code of Criminal Procedure in the new edition
Changes and additions to the article were made in 2012 and 2015. The 2003 amendments were cosmetic.
In 2012, the provisions of the law on the right of the public prosecutor to request the extension of the term of detention of the accused were edited.
Clarified the procedure for appeal by the inquiry officer of the actions of the prosecutor. As long as the material is examined by a higher prosecutor’s office, the decision of the supervising prosecutor does not enter into force.
By decision of a higher prosecutor, the initial indictment is approved and the case is referred to the judge.
Shortened inquiry
A simplified form of proceedings in accordance with Art. 226.1 Code of Criminal Procedure, applicable:
- in case of full recognition of the guilty person in perfect;
- no circumstances precluding an inquiry;
- the case is under the jurisdiction of the inquiry officer.
Under the circumstances that exclude the conduct of a shortened inquiry, a number of factors are understood:
- if one of the investigated acts falls under the jurisdiction of the investigator;
- there is a need to apply compulsory medical measures (placement in a hospital);
- the accused is less than 18 years old;
- there is no certainty that a person speaks the language of the investigation;
- a person has a special status (lawyer, deputy at the federal level, etc.).
Procedural actions are carried out within 10 days. The interrogator has the right to extend the period if there is not enough time to collect and fix all the evidence.
Completion of Abridged Inquiry
Art. 226.7 of the Code of Criminal Procedure of the Russian Federation almost duplicates the procedure for completing an inquiry carried out in general form.
Instead of the indictment, a decision is made: the method, place, time and method of committing the act are described.
The lawyer and the accused are given the opportunity to familiarize themselves with the case file. They are also entitled to:
- ask for additional investigative actions;
- request exclusion of evidence obtained in violation of the law;
- draw up a new indictment.
If it is possible to achieve additional investigative actions, exclude evidence, the decision is re-compiled automatically. And the parties are given the right to familiarize themselves.
Then the materials are transferred for signature to the head of the inquiry body, and then to the prosecutor’s office.
The prosecutor’s options are similar to those described above. He also provides a copy of the approved indictment to the parties to the process.
Features of the trial
Art. 226.9 of the Code of Criminal Procedure describes the specifics of sentencing in cases investigated in the form of a shortened inquiry. The judge considers evidence only specified in the indictment. All other materials are relevant only for the characterization of the personality of the accused.
At the same time, the judge has the right to refer the case back to the prosecutor if, in the course of the trial, he comes to the conclusion that the investigation must be conducted in a general manner.
Consent to a simplified procedure deprives the defendant of the right to refuse him if the case was investigated by conducting a shortened inquiry.