The suspension of the preliminary investigation is carried out by the head of the law enforcement agency. Such an action ensures the legality of the process and gives time to find the means to resume investigative procedures.
Grounds
The grounds for suspending the preliminary investigation are enshrined in law. We will understand the criminal definition. The concept of suspension of a preliminary investigation includes a procedure where the movement in a criminal case is stopped for a certain period, and officials do not have the right to conduct investigative actions on it. Such cases are quite common. In addition, there are legislatively established grounds for suspension.
Conditions for suspension of the preliminary investigation:
- it is impossible to identify the person who committed the crime (if there is a corpus delicti);
- the criminal investigation has been finding a person for a long time, so there is no point in extending the time;
- the investigation established the whereabouts of the person, but he cannot be present during the proceedings;
- illness of the person who committed the crime.
The first two paragraphs will be legal only if the deadlines for the preliminary investigation expire. For other reasons, it makes sense to suspend the investigation at any time.
Thus, the reasons for stopping the proceedings are established. All grounds are legal and reasonable.
The basis for the suspension of the preliminary investigation is not a long-term examination, the search for material evidence and other investigative actions. The law enforcement officer must be within the period prescribed by law.
The concept and meaning of the suspension of a preliminary investigation
The process is simple. The procedure for suspending a preliminary investigation includes the following items:
- decision-making;
- coordination with management;
- drawing up a decision;
- signature certificate;
- transfer of a copy to the prosecutor's office;
- notification of persons involved in the case.
The whole process with a positive response from the prosecutor's office can take no more than two days.
The suspension of the preliminary investigation has a very important role in the development of the entire investigative process.
Since the investigating authorities are currently very busy, and there is no time for considering cases in the absence of suspects, just as there are no grounds for conducting investigative actions, the norm of the law on the possibility of suspending the preliminary investigation is salvation.
During the suspension of the investigation, investigation procedures and measures to expose the offender are not suspended, but continued. However, authorities competent in the search for those responsible are involved in this.
So, a face search can drag on for many months and even years. In addition, if a citizen left the state, it is even more difficult to establish his whereabouts. Therefore, such a measure as the suspension of the preliminary investigation is the most optimal for resolving the issue of a criminal case.
Who has the right to suspend
The suspension of the preliminary investigation is accompanied by the execution of the procedural document. An investigator is involved in drafting a decision.
He also undertakes to send a copy of the decision to the prosecutor's office within 24 hours after signing. In addition, it is necessary to familiarize yourself with the contents of the act of the victim or his representative, as well as the civilians involved in the case (civil plaintiff, defendant). Notification is subject to the suspect, the accused in the presence of such.
In the case of suspension of the investigation by the inquiry officer, the prosecutor shall verify the legality and validity.
The legality and validity of the suspension
If a criminal case has been instituted against several persons, but there is reason to issue a decision to suspend the investigation in respect of only one guilty person, the official has the right to separate the criminal case and carry out the suspension procedure only against one person. This procedural action will be lawful and justified.
In addition, prior to the issuance of the act of suspension of the preliminary investigation, the inquirer or investigator is obliged to carry out all the actions necessary to solve the case.
In addition, it is legal to apply preventive measures in respect of property, subject to full proof of criminal intent. After the suspension of the investigation, this property may continue to be under arrest if the head of the investigating authority satisfies the investigator's request for the continuation of the procedural measure.
An additional element to ensuring the full lawfulness of the suspension of the investigation is security. This process takes place even after the adoption of the decision to suspend the investigation.
Procedure for suspending a preliminary investigation
The decision and the suspension of the investigation has a written form.
If the investigator makes a decision, the certificate is certified by the head of the investigation department. When the interrogator forms the document, the content and justification is checked by the prosecutor's office.
Legislatively enshrined in regulatory enactments:
- federal law;
- Order of the Prosecutor General of the Russian Federation No. 826 on supervision of the preliminary investigation;
- Order of the Prosecutor General No. 137 on supervision of the inquiry.
The decision indicates information about the investigator, and also lists information about a registered fact and all investigative actions carried out within the time period established by law.
The reasoning part shall indicate the grounds for suspending the investigation of the criminal case, and at the end of the act the signatures of the investigator and the head shall be affixed.
Procedural deadlines
Failure to identify a person within the time limits of the preliminary investigation shall entail the suspension of the investigation.
The investigation is engaged in a criminal case for two months, after which the term is extended or a suspension order is issued if there are legal grounds.
An inquiry shall examine cases within a period of 30 days, after which a procedure similar to the investigation is carried out. The prosecutor is also involved in the extension of the terms of inquiry .
In addition, criminal investigations may be extended depending on the complexity of the case. Crimes of small and medium gravity can extend for a shorter period, and serious and especially serious even up to 10 years.
Such terms are called limitation periods and are established by federal law.
Resumption of the investigation
Suspension and resumption of the preliminary investigation are two reverse procedural actions. They do not belong to investigative actions. If the grounds for suspending the investigation have disappeared or the investigator sees that it makes sense to act without a suspect, and if the prosecutor cancels the act of suspension, the investigation is resumed.
Establishing the whereabouts of the person who committed the crime, as well as his recovery, is the basis for continuing the investigation.
If the investigation has resumed, the persons participating in the case, together with the prosecutor, are notified in a similar manner.
It is necessary to notify a person by sending a copy of the act by notification mail. By law, each participant in the process is required to have information on what stage the investigation is at.
The role of the prosecutor
The prosecutor's office is a supervisory authority that checks the act for compliance with the law. Within two weeks, the assistant prosecutor is obliged to make a decision to cancel the suspension order indicating the motivation for the decision. For this, together with the decision to suspend the case, the material itself is sent to the prosecutor in one or more volumes for study.
In addition to the prosecutor, the head of the investigating authority has the right to annul the decision. The procedure is carried out by drawing up an act in which the full name of the investigator, who accepted the case for production, as well as all the procedural points, is prescribed. It is mandatory to include in the act references to criminal and criminal procedural rules. The investigator must take into account the timing and other standards.
The prosecutor has the right to cancel the decision indicating the flaws of the investigation and return to the head the material of the criminal case with the decision on cancellation and a cover letter.
The investigator must draw up a report on the adoption of the criminal case for his proceedings and send an order to the subordinate bodies to exclude grounds for suspending the preliminary investigation.
The body of inquiry and the body of preliminary investigation
Investigation authorities have the authority to issue an act of suspension. However, there is a significant difference.
The acts drawn up by the investigator are certified by the head of the investigating authority, and a copy is sent to the prosecutor.
In the case of an inquiry, this is not the case. The investigator is more subordinate to the prosecutor's office, so all actions are performed after verification by the prosecutor.
Consequences of suspension
After the suspension of the investigation, other bodies are engaged in the search for persons involved in the commission of the crime.
For example, a criminal investigation department receives an order and information about a person whose identity must be established along with his whereabouts. This is necessary to establish all the circumstances of the case.
Suspension is a procedure that delays an investigation.
Criminal Cases of Extra Complexity
Many crimes committed multiple episodes, involving other persons. In the event that it is not possible to establish all circumstances, persons and otherwise, a suspension order is issued.
Practice shows that many events cannot be restored. After several years, such cases end, which is also a decision.
After the end of the case, absolutely all search actions cease. Only if there are new and newly discovered circumstances, there is a resumption of production.
Difficult circumstances of work always entail missing the deadlines, so the right to suspend the investigation is very convenient to apply.