Order and term of inquiry
The term of inquiry and its order have special significancewhen investigating crimes. These positions are stipulated by law and define the framework allowing to establish the truth as soon as possible and more accurately. That is why these issues are given so close attention.
What is an Inquiry
This type of activity is currentlyare defined as an independent form of preliminary investigation carried out by the relevant officials, namely investigators. This is the most accurate and concise definition of the concept of inquiry, which, in turn, is also subdivided into certain types.
It is of fundamental importance to see the differences between thisactivity as a form of investigation and preliminary investigation. Significant difference - the subjects of the actions. In the first case, they are investigators, officers of the bodies of inquiry, and in the second - investigators, and differentiate their respective powers.
Goals and objectives
The main tasks of the inquiry are those,which are envisaged in the criminal process itself, namely, the initiation of a case, the prompt disclosure of a crime, the bringing of a charge, the criminal prosecution, the examination of materials in court, the release of responsibility, all of which are important areas of activity of law enforcement bodies.
If we talk about the objectives of this activity, then theyare obvious and flow from the very essence of the inquiry. Any actions of employees of these bodies, as well as investigative bodies, are aimed at achieving the lowest level of crime, and, if possible, preventing its further development.
In addition, one must always remember that the tasks andgoals are interrelated. From accurate and rapid implementation depends on the achievement of the first second, it is, in turn, creates a coherent system of combating crime and the conditions for its prevention. To do this, quite often, more precisely, almost always the bodies of inquiry and investigation unite their efforts and cooperate with each other.
Bodies conducting the inquiry
The system of law enforcement agencies in the Russian FederationFederation is very extensive. It includes a huge number of structures and substructures. However, it is always necessary to distinguish between these bodies, which can be done by examining the authorities and activities.
The Code of Criminal Procedure of the Russian Federation fixesA list reflecting all those structures that are entitled to conduct an inquiry and have a number of powers necessary for this. These include internal affairs agencies, state fire supervision authorities, the Federal Service of Service Bailiffs and the chiefs of military police. The list is exhaustive, as the law fixes.
Also, in some cases,influence on this activity, for example, the prosecutor prolonged the period of inquiry, and the investigation was not stopped. In addition, the Code of Criminal Procedure of the Russian Federation fixes exceptions, in which case other bodies, besides those listed, may initiate criminal proceedings or carry out urgent investigative measures.
To achieve certain goals and solve problemsthe bodies of inquiry are given certain powers, which are also fixed in the Code of Criminal Procedure of the Russian Federation. They imply the existence of a right to perform certain actions. The list of them is not exhaustive, and allows for a wider range of actions of investigators, which does not limit their work in any way.
So, to the powers of the bodies of inquiry, you caninclude the following: the initiation of a criminal case, the conduct of urgent investigative measures, if the case requires, conducting an inquiry, including on those cases where a preliminary investigation is not necessary, as well as a number of other actions that are established by law. This reservation explains that here the list is not at all exhaustive.
Types of Inquiry
The selection of several forms of inquiry is carried outdepending on the need for preliminary investigation. It is almost impossible to meet other classifications, they are not affected by the term of the inquiry or its order. So, the basic and always applicable division is two forms, namely - an inquiry with an obligatory preliminary investigation and an inquiry, where it is not necessary.
This approach is applied depending on the genuscases. Some of them do not require the intervention of investigative bodies, accordingly, there is no need to involve them, which greatly simplifies the work of the investigators, leaving everything solely under their control. The second option is the absolute opposite. Examples are cases where urgent investigative actions are necessary.
Term of inquiry
For the precise implementation of this activityit is necessary to observe a number of rules and restrictions that are set by law, otherwise there is a risk not to come to the necessary result. Article 223 of the Code of Criminal Procedure fixes the main of such moments, and this is the deadline. The criminal process pays most attention to this issue, which determines the time periods that are significant for the case.
The activities of the bodies of inquiry are carried out inwithin thirty days from the moment the criminal case was opened. Of course, there is an opportunity to extend it to two months, and even up to six. However, all this must be done only on the basis of the prosecutor's decision, the investigators do not have any independence in this matter.
The maximum period of inquiry, according to the normscriminal procedure law - twelve months, although there were other cases that passed beyond this figure. However, in order to extend the investigation for such a considerable period of time, the consent of the prosecutor, confirmed by the decision, is also necessary.
The activities of the bodies of inquiry are limitedmuch more than the consequences. Questions about the commission of any procedural or investigative actions of employees of these structures are carried out under the supervision of the head or even the prosecutor, which sometimes takes a lot of time.
Possible suspension or renewalinquiry, in case the case requires it. However, the employee of the bodies himself can not take such decisions independently. The meaning of all of the above is that the investigators have a number of powers and can freely implement them within the limits established by law, but while strictly observing certain boundaries.
The most important thing in observing the right orderis the period of inquiry, which was mentioned above. Its violation can lead to the fact that all actions of employees will be meaningless and will lose their force in the process of establishing the truth. That is why the order and timing of the inquiry are very important interrelated elements.
Meaning of Inquiry
The whole point of this form of exerciseThe investigation consists of three very important points, fully reflecting it. They define the whole essence of the inquiry as an important element of all law enforcement activity, from the theoretical point of view. Although many scholars argue about this, it is still possible to identify the main thing that will help to fully appreciate the significance of this activity.
So, the first important aspect is the inevitabilitypunishment or responsibility. This is important, since the truth is comprehended by obtaining reliable and confirmed facts. The second is the emergence of a new participant, namely the accused, which is important for the process as a whole. And the third and last aspect is the formation of documents for the court in the process of inquiry, which is also very important.