The totality of certain signs of a committed act, which allows to determine which body will investigate this crime, is called remand. The Code of Criminal Procedure reveals its essence in article 151, which clearly states that atrocities are disclosed by procedural persons within their competence.
Signs
In order to find out which body will investigate the committed act, it is necessary to highlight the relevant signs of a crime, after which it will be possible to determine the jurisdiction. The CPC states that, depending on the category of the case, its disclosure is entrusted to procedural persons.
The signs for determining the jurisdiction are as follows:
- subject or tribal (the nature of the crime);
- territorial (depending on the place of the act);
- personal (features of the subject of the crime);
- alternative (by whom it is revealed that body is investigating).
Organs
Initiation and conduct of proceedings may be carried out by the inquiry officer or investigator. In the event that the prosecutor gives a written indication that the crime should be investigated by one or another body, then it is necessary to comply with its requirements, this is stated in Article 150 of the Code of Criminal Procedure of the Russian Federation. The jurisdiction of the case under this circumstance can be attributed to the inquiry, which is carried out in a general manner or in an abbreviated form.
Crimes of small and medium gravity can be distributed between these state bodies. The conduct of the case by the interrogating officer is mandatory for all atrocities that are indicated in the third part of Art. 150 Code of Criminal Procedure . In this case, jurisdiction is determined by the generic basis.
Example
The person committed the theft of a cell phone, after a while the specified person was detained by the police, a case was opened against him, which fell under the jurisdiction of the investigating authorities, because this fact is indicated in Article 150 of the Criminal Procedure Code.
Main types
The competence of various dispute resolution bodies is called “jurisdiction”. The CPC distinguishes its following types:
- tribal or substantive - is determined by the composition of the act, the most serious crimes are subject to disclosure by the investigative committee, the FSB;
- territorial - is carried out at the place of the atrocity;
- personal - depends on the subject who implemented his intent;
- alternative - allows you to investigate those who identified it.
Here it is necessary to note the fact that the entire criminal process and its conduct are completely dependent on those who carry out it. Because the stage of the preliminary investigation is one of the most important in the entire criminal proceeding, since it is during this period of time that all the evidence is collected and the witnesses are interviewed to help solve the crime more quickly.
Subject
In this case, the composition of the committed act and its severity can determine the jurisdiction. Code of Criminal Procedure, Art. 151, states that cases of the intentional deprivation of another person’s life, abduction, and suicide, as well as those related to the violation of constitutional rights and freedoms of citizens, against the peace and security of all mankind, are the responsibility of the employees of the Investigative Committee.
The FSB is engaged in the disclosure of atrocities that are especially serious and pose the greatest danger to society, for example: the organization of terrorist activities, illegal armed groups, hijacking of air transport, loss of documents containing state secrets.
An official sign is also determined by the performance of employees of the Federal Drug Control Service when it comes to illicit trafficking in narcotic and psychotropic drugs. In addition, the tribal jurisdiction of the Code of Criminal Procedure is of the greatest importance when it is necessary to attribute the investigation of the case to the jurisdiction of a certain procedural person, for example, the inquirer. They are engaged in crimes of only minor gravity. Also their competence on the basis of generic characteristics includes those acts that are indicated by the jurisdiction of the Code of Criminal Procedure of the Russian Federation, Art. 150.
The district police department, as a rule, investigates atrocities that are serious and are provided for in article 151 of the Criminal Procedure Code.
Personal
This jurisdiction refers to the specific subject who committed the crime. For example, crimes committed by officers of the Ministry of Internal Affairs and the FSB will be disclosed by employees of the investigative committee. The same rule applies to other officials, such as judges and military personnel.
Legislation does not allow in some cases to accurately determine the jurisdiction. The CPC also cannot unambiguously resolve this issue. For example: the FSB investigator committed the crime, which is provided for by Art. 276 of the Code of Crimes, - since special norms assign immunity to this person, the investigator of the IC of the Russian Federation will be involved in the conduct of this case.
Alternative or mixed
Depending on the specific circumstances of the atrocity committed, its jurisdiction will be determined. The Code of Criminal Procedure of the Russian Federation states in this case that cases can be investigated by the state body that first received the report of the crime or revealed its commission. For example, acts related to drug trafficking can be disclosed both by investigators of the district police department and by the FSKN.
Territorial
In this case, criminal cases must be disclosed at the place of the crime, which corresponds to Art. 152 Code of Criminal Procedure. In this case, jurisdiction extends even to bodies of inquiry. Therefore, in practice, there were often cases when operational officers could transfer the discovered corpse to another place, so that the neighboring police department would deal with the disclosure of this act.
As a general rule, if a crime was started in one place and ended in another, then in this case it should be investigated by the police department where it was completed, and its jurisdiction is determined. The Code of Criminal Procedure of the Russian Federation establishes this norm in Art. 152.
In addition, there are some exceptions to the law. They allow you to investigate the location of the largest number of witnesses who have suffered. This is possible only in the situation when the victim lives abroad and the crime was committed outside of Russia.
In this case, the question of how the disclosure of the case will be carried out and its transfer under jurisdiction, the Code of Criminal Procedure allows the head of the investigative body or the prosecutor to decide.
If it is necessary to carry out search measures outside the place of detection of signs of a perfect crime, the interrogating officer may perform such actions independently or entrust this to another procedural person. This rule is provided for by Art. 152 Code of Criminal Procedure. In this case, territorial jurisdiction is not violated, the same state body is engaged in the investigation of the case.
Violations
The totality of the signs of a perfect crime allows you to entrust its disclosure to those state bodies that are authorized by law. This rule is called “jurisdiction”. The Code of Criminal Procedure of the Russian Federation (Article 151) stipulates that the case is handled by the procedural person whose competence includes the disclosure of the act, depending on its severity. That is why all the evidence that will be collected by an improper body, and accordingly with a violation of the law, is unacceptable. They cannot be the basis for sentencing by a court. The case is subject to termination, and all evidence must be destroyed.
Necessary actions
In the event that the procedural person has established the fact that the conduct of the criminal case does not fall within his competence, the inquirer must hand it over to the prosecutor so that the latter makes a decision on his jurisdiction. Disputes are unacceptable.
In addition, the prosecutor must arrange criminal cases so that everyone is assigned to a specific official. This rule applies only when several materials are combined in one production that have different jurisdictions, Art. Code of Criminal Procedure 151 directly indicates this fact.
Model Decree
If a message received by a state body about a committed criminal act is not within its competence, then it should be transferred under jurisdiction to carry out appropriate procedural actions.
Sample
Decree
on the transmission of the report of the atrocity to the competent authorities of __________ 00.00.00 a year
The head of the body of inquiry, the lieutenant colonel of the police _______, having examined the message received from the citizen ________ about the act under Part 1 of Art. 179 Code of Crimes,
Installed:
When checking the received message, it was found out that this act is not subject to investigation by inquiry, therefore, a transfer of jurisdiction is necessary. The CPC provides for it in Art. 151 of the Criminal Code.
Based on Art. 145 Code of Criminal Procedure
Holds:
Transfer the indicated message about the committed act to the investigative department.
Head of the inquiry Lieutenant Colonel ______________________
Features
A preliminary investigation of the atrocities committed has the right to carry out by officials within the powers entrusted to them, as article 151 states, the jurisdiction of the Code of Criminal Procedure of the Russian Federation is determined depending on the totality of signs and qualifications of the deed.
In this case, there are some features that allow you to start an investigation by one state body, and then transfer it through the prosecutor to others.
Example
There are several criminal acts related to fires. So, in part 2 of Art. 167 of the Criminal Code, the investigator of the GPN takes all necessary actions after the initiation of the case, then transfers it with all the materials to the prosecutor to determine his jurisdiction, because in this case it must be disclosed by the procedural persons of the internal affairs department. In the event that the investigator was present at the fire, it means that he has the right to immediately take the case to his production, and the GPN investigator simply transfer to him all the materials that have been accumulated.
SK RF and powers
All committed atrocities are within the competence of specific officials, as article 151 of the Code of Criminal Procedure states. The jurisdiction of criminal cases is determined depending on the composition of the act and its severity.
The employees of the RF IC reveal the following types of atrocities:
- intentional deprivation of human life;
- bringing to suicide;
- making fake cash;
- particularly grave acts against persons under the age of 18, as well as committed by such citizens;
- concerning the sexual integrity of women, men and children;
- law enforcement officers, courts, penal institutions, military personnel.
All these crimes, as well as those provided for by Art. 447 of the Code of Criminal Procedure, are included in the jurisdiction of Art. (Code of Criminal Procedure of the Russian Federation) 151 and are assigned to the staff of the committee.
Bodies of inquiry
In accordance with the Code of Criminal Procedure, the jurisdiction of criminal cases of small and medium gravity can be assigned to these procedural persons only with the written permission of the prosecutor.
The bodies of inquiry include:
- ATS;
- bailiffs;
- state fire service;
- commanders and commanders of the military unit.
They have the following functions:
- initiate criminal proceedings within the powers entrusted to him and carry out the necessary search measures;
- to verify received reports of impending or already committed atrocities.
As a rule, bodies of inquiry investigate less serious crimes, they are mainly indicated in Art. 150 Code of Criminal Procedure. The jurisdiction of criminal cases in this case is carried out by them within their competence and in agreement with the prosecutor's office.
Investigators from the bailiff service institute criminal proceedings against those citizens who do not pay on loans taken from banks, and also do not fulfill their obligations under maintenance obligations for their children. Moreover, at present, practice shows that many of these debtors find themselves in the dock, after which they serve their sentences in prison or practice them without fail.
Investigators working in the fire department investigate cases of various fires in houses, after which they transfer the indicated materials to the prosecutor's office, and the latter determines which body will conduct further search activities.
Forms
Legally, there are only two of them. An inquiry into cases where it is necessary to carry out procedural actions should be carried out only after immediate notification of the prosecutor. After that, all necessary investigative measures are carried out: interrogation of the suspect, victim, seizure and search.
In those cases where pre-trial proceedings are not required, an indictment is drawn up and sent to the prosecutor for approval. Only the accused himself can familiarize himself with the compiled materials.
FSB
Investigators of these bodies are engaged in cases that violate the interests of the state and its security. Therefore, according to Art. 151 of the Code of Criminal Procedure, they investigate the following criminal acts:
- on the illegal export of raw materials that go outside Russia;
- cash smuggling;
- terrorist activities and all activities related to it;
- on the theft of rolling stock, air transport and ships;
- disclosure of state secrets.
Period of time
The time frame for a preliminary investigation is quite varied. For inquiry, it is only one month. At the same time, the investigation is being conducted within two months. If there are sufficient grounds, these periods may be extended. In this case, it is necessary to draw up a decision and send it to the address of the prosecutor indicating good reasons. As a rule, the time period for the end of the investigation is three months. It is extended to one year only in the presence of confusing circumstances of the crime and in the absence of sufficient evidence of the guilt of the person.
Certain conditions
In the event that the procedural persons do not have sufficient grounds to prove the guilt of the suspect, the investigation of the case must be completed on the relevant grounds of the Criminal Procedure Code. At the same time, the inquirer and investigator explain to the citizen the procedure for restoring his rights, which were violated due to unlawful prosecution. A person may apply to the court for compensation for non-pecuniary damage.
Does not apply
None of the types of jurisdiction is applied when it comes to investigating a case in accordance with article 10 of the Criminal Procedure Code. In this case, the bodies of inquiry and investigation are entitled to make a decision without conducting a case. Also, it will not be decisive in what territory the crime took place.
Value
In most cases, a court case would not have been possible without a preliminary investigation, since not enough evidence could be brought against a citizen. In addition, a preliminary investigation can completely change the fate of a person if his guilt is proved, or vice versa. It is also a very important activity of the inquiry bodies, despite the fact that it is carried out only within one month. The outcome of the whole case and even the decision of the sentence will depend on how carefully the preliminary, pre-trial investigation is conducted. All ongoing actions of inquiry and investigation are recorded in the indictment and act, after which they are sent for approval to the prosecutor's office.
The court, when considering the case on the merits, examines all the evidence presented, obtained during the preliminary procedural actions, which, as a rule, are evidence of the guilt of the accused.
Non-compliance
In accordance with Art. 151 of the CPC, officials are authorized to investigate and solve crimes within their competence. This leads to a more correct and faster result. In the event that these standards of jurisdiction are violated, the evidence collected in the case will be declared insolvent and inadmissible. In addition, the investigation of the crime may be terminated.
Example
A police officer committed an accident in which a person died, the internal affairs authorities took control of the case, which significantly violated the rules of jurisdiction. Moreover, evidence collected during the preliminary investigation was subsequently declared inadmissible. The court did not accept them and dismissed the case.At the same time, officials significantly violated the rights of victims. The police officer in this case is a person with a special status, he is a civil servant, not a simple citizen, and the investigative committee, and not the local police department, should deal with his case.
Next example
When filing the appeal, the citizen’s defender, who was convicted under article 159 for especially large-scale fraud, argued that the officials violated the rules for determining jurisdiction and wanted the court to overturn the sentence.
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