The place of the preliminary investigation is, in accordance with the provisions of Article 152 of the Russian Code of Criminal Procedure, the area in which the criminal offense was committed. The specified provisions of the Code also regulate territorial features of jurisdiction.
The essence of the concept
The place of the preliminary investigation is the establishment of a specific body, which is entrusted with the investigation of a criminal case in a particular area. Depending on the distribution of police departments in the districts of the city (or another settlement), it is determined which body will investigate a particular case.
According to the general rules, the investigation of the case is carried out at the place of execution of the unlawful action that contains any signs of a crime. If the criminal acts are ongoing, they will be considered in the area in which the last offense of the person was committed from the list of acts united by common intent.
The place of the preliminary investigation of crimes of a continuing nature shall be investigated in the area in which the omissions or actions of the guilty person, which together are the objective side of the offense, were suppressed.
If an illegal act began in one place and ended in another, criminal proceedings will be carried out in the area where the illegal action ends. If there are several offenses, then under prosecutorial sanction, an investigation can be conducted at the place of execution of most of the crimes or the more serious of them.
If the suspect was taken into custody in the area of one of the territories, all cases are subject to merger and transfer to the body that carried out the detention.
General Provisions
According to the rules of the Criminal Procedure Code, the place of the preliminary investigation is the territory on which the acts with signs of a criminal offense were committed. Exceptions to this rule are only cases that are expressly indicated in the relevant article of the Code.
If it becomes necessary to conduct search or investigative actions in another territory, the investigator has the right not to carry them out personally, but to instruct others to carry them out. According to the rules of the CPC, these orders must be executed within ten days.
Crimes committed in various places
According to the Code of Criminal Procedure of the Russian Federation, the place of the preliminary investigation for crimes of a continuing type, which were started in one territory and ended in another, is the area where the illegal action was completed.
If the criminal acts were committed in several places, the supervisor of the investigator conducting the case determines in which area the investigation will be conducted: in the place of execution of the most serious illegal action or in the territory of most criminal offenses.
The place of preliminary investigation in a criminal case may also be the location of the suspect or accused person, in the area where most of the available witnesses live. This allows you to comply with the procedural deadlines, as well as ensure the completeness of the investigation.
Foreign crimes
According to the rules of Art. 152 of the Code of Criminal Procedure, the place of the preliminary investigation of criminal offenses that were committed outside the Russian territory, the case is subject to consideration in accordance with the provisions of the twelfth article of the Criminal Code or article 459 of the Criminal Procedure Code.
The specified norms determine that foreign crimes are investigated at the location (residence) of the victim, more witnesses or the whereabouts of the accused in Russian territory (if he lives in another country).
Case Transfer Conditions
According to the article under review, the place of the preliminary investigation may be changed due to lack of jurisdiction. In this case, the interrogating officer or investigator, who has found that the case of his territory is inconsistent, must carry out investigative urgent actions, and then transfer the materials to his supervisor (the interrogator transfers to the prosecutor) for further referral to another body under jurisdiction.
The head of the investigation may issue a reasoned decision to transfer the case for an investigation of a preliminary nature to a higher investigating authority by a mandatory written notice to the prosecutor.
Comment on the article
The place and beginning of the preliminary investigation in this article is determined by the rules of jurisdiction of a territorial type. This term is used in connection with the direct indication of the fifth part of the specified article of the Code.
According to general rules, a criminal offense is investigated in the area where the criminal action ends, even if the negative consequences occurred elsewhere. The territory of the end of an illegal act is determined based on the distribution of sites by police departments.
For example, a shot was fired at a victim in area A. Having reached territory B, he died from blood loss. Thus, the investigation will be conducted by an investigator assigned to territory A.
Allocation of territories of investigation
The places of preliminary investigation in the criminal process are allocated by the relevant regulatory departmental acts, the publication of which takes into account the regional administrative-territorial division of the area.
At the initial stages of the investigation, the definition of territorial jurisdiction is established in an approximate form. The case begins to be investigated in the territory where the case was opened, or where it was directed by the head of the investigating authority (prosecutor).
Field Investigation Methods
The place of the preliminary investigation may be changed due to the need for investigative actions outside the area of jurisdiction. This is done in one of two ways:
- departure to another territory;
- sending by the investigator or interrogating officer of the order to the given area.
The choice of method is carried out by the person conducting the case. The main condition for sending an order is the preservation of their procedural exclusive powers. The commission of actions of a procedural nature is an exception to the principle of immediacy. In this regard, its limits are limited.
The reasons for the obligatory personal performance of various actions by the investigator himself are the following conditions:
- The need for a large volume of procedures and activities.
- It is necessary to evaluate the available evidence in aggregate and decide on the direction of the investigation.
The concept of errands
The order of the inquiry officer or investigator is a written appeal to another body if there is an order to carry out search or procedural actions in the framework of the case under investigation.
The Code provides for two types of instructions:
- for the body of inquiry at the place of investigation (the fourth paragraph of the second part of Article 38 of the Code of Criminal Procedure);
- for the inquirer outside the area of investigation (the first part of Article 152).
To authorize the commission of certain procedural or investigative actions, the following conditions must be observed:
- The executor of the order has the right to challenge (Articles 66 and 67 of the Code).
- It is necessary to ensure compliance with the rights of all participants in the investigative process. For example, if there is a petition for the specified actions by a civil plaintiff, suspect, accused or defense counsel, this person has the right to participate in their implementation.
- The concept of an assignment of actions may include the transfer of authority to familiarize the parties with decisions concerning them, to detain, seize objects and property, to identify and eliminate circumstances that contributed to the commission of illegal actions.
The purpose of the commission may also be to establish the identity of the offender, his whereabouts, sources of evidence, property that may be levied, and so on.
Detective measures may be applied on behalf of an official conducting an investigation through operational or procedural measures. In this case, the performer of this instruction independently determines the methods and means of performing the action.
If necessary, the ten-day period for the implementation of the order may be extended by the investigator himself. If the case is suspended, investigative actions that are not related to coercion (procedural) may be carried out on it.
Determining the location of the investigative actions as part of the ongoing investigation is a fairly simple concept for those who are familiar with the norms of criminal procedure legislation. Difficulties arise only in cases where the interrogators or investigators are not familiar with the established rules or do not want to do their job properly.