The Russian Federation is a state that has undergone major changes in the last 30 years. In addition to economic changes, the legislation was reformed almost completely. Crime finds new ways of committing illegal acts, in connection with which the Criminal Code and the Code of Criminal Procedure are constantly updated with new articles.
Consider the procedure for initiating criminal cases (including samples of applications for initiating criminal proceedings), as well as touch on the topic of fraud.
The process of making a decision to institute criminal proceedings (UD)
In order to initiate a criminal case, the law enforcement body must have information about the committed unlawful act. This information may include:
- information about the person;
- information about the instrument of crime;
- data;
- motives for the committed actions;
- witnesses to a crime;
- Alibi of suspected persons;
- extenuating and aggravating circumstances;
- information about the subject of the crime and its characteristics;
- other information necessary for the investigation.
Verification activities should help the investigator or investigator to establish the facts that are the basis for initiating UD. The decision to institute criminal proceedings requires an audit, after which a legal decision is made.
Grounds for refusal to initiate UD
The Code of Criminal Procedure of the Russian Federation establishes a list of grounds contrary to the unlawful initiation of a criminal case. Based on them, it is possible to appeal the illegal criminal prosecution:
- lack of corpus delicti (object, subject or objectively-subjective parties);
- if the crime event has not occurred;
- death of a person suspected or accused of a case;
- lack of the necessary period (i.e., the expiration of time).
Samples of applications for criminal proceedings contain the above grounds.
Private and public-public prosecution
Criminal prosecution is part of the preliminary investigation. There are three types of prosecution:
- private;
- public;
- intermediate - private-public.
These categories vary in the presence of applicants' rights and their absence.
Thus, the applicant must be included in private prosecution, who will notify the law enforcement body of the crime by written statement. Private persecution is characterized by a conciliatory form, that is, the persecution may be terminated if the persons are reconciled. Mostly crimes of this type include offenses related to minor bodily harm, beatings and other acts of a physical nature.
Public-private prosecution includes crimes that are committed in relation to the rights of citizens (for example, authorship). These offenses are also recorded by submitting a statement of the person, but they are not subject to reconciliation.
The public category of criminal prosecution includes all other crimes.
Criminal proceedings
The investigator or the interrogator undertakes to initiate the UD within the time period established by the regulatory legal base. The initiation of proceedings is carried out immediately after the establishment of the grounds and reason.
The investigator immediately notifies the authorities and begins to prepare a resolution on the project. The document should contain the following information:
- information about the fact of committing an unlawful act;
- the presence or absence of the person who committed the act;
- a description of the grounds for deciding to initiate proceedings;
- time and place of the crime;
- the presence of other compounds;
- resolution.
The decision on the case is prepared and attached to the materials of the audit, from which subsequently the material of the DD will be compiled. This document must contain the original documents, and copies are sent to other interested parties, as well as to the prosecutor's office.
The term of the criminal investigation
Investigation of UD is carried out within 60 days. This period is set for the investigating authorities. Only 1 month is given for inquiry.
The interrogator or investigator has the right to extend this period with the permission of the authorities or the prosecutor in case it is necessary to conduct lengthy investigative actions. For example, an examination or other investigative action may take a long time.
Factual criminal case: definition, distinctive features
A criminal case is called a fact case, which is instituted by a resolution of the investigator. However, the person who committed the crime has not yet been established. Such criminal cases are often extended in time, as offenders are wanted or on the way back from other countries.
A factual criminal case is instituted in the same way as a regular one. The difference is in the preparation of the procedural document, since when initiating an UD, information about the suspect is indicated. And upon the initiation of UD in fact, this person is not described. Samples of statements on the initiation of a criminal case upon the fact contain information about the crime event. The text should not contain information about the person involved in the event, if this information is not installed.
Criminal Case Writing Sample
A law enforcement officer has the right to initiate a DD if there is a reason and reason. Writing a statement to the police, the investigative committee or the prosecutor’s office does not oblige the body to initiate proceedings. When submitting such an application, the authority may conduct an audit on the fact of the committed act. Or transfer the application to another body if it is not involved in these crimes.
The sample application has a form similar to other statements, even in the civil or administrative sphere. So, the heading should indicate the body to which the application is sent, as well as information about the person who submitted it and contact details.
Next, indicate the form of the document - a statement. After that, the person in legible handwriting or in print form sets out the facts of offenses with reference to the norm of the violated law.
An anonymous statement is not subject to review. In addition, they may refuse to consider if they have an illegible font, as well as incorrect contents of the application.
An application for initiating a criminal case is filed either by personal visit, or by sending by registered mail or by e-mail. The choice of filing option is up to the applicant.
Fraud criminal complaint
Fraud is a common crime that was abused several decades ago. To date, this crime is also common in connection with the development of economic relations both in Russia and in other states.
Fraud is the acquisition or theft of objects and other goods through deception. If the investigator proves that the person has breached confidence, this corpus delicti will be formed.
An illegal act is punishable by heavy fines, forced labor or imprisonment. Punishment depends on the gravity of the crime.
Samples of applications for criminal proceedings do not contain information on what should be indicated in the preparation of the text. In the case of an application for fraud, it is imperative to indicate the amount of damage caused, as well as provide a link to one or more persons who committed the crime. Fraud can be committed by a group of persons and this crime will be qualified differently.
An application to the police to initiate criminal proceedings is filed for crimes of small and medium gravity, the rest are transferred to another competent authority for registration and consideration (transfer under jurisdiction).