Art. 152 of the Code of Criminal Procedure regulates the issue of the location of the preliminary investigation. Normally, there are prescriptions regarding the procedure itself, as well as the terms of its production, the specifics of the transfer of the case and other possibilities of the authorized person.
A preliminary investigation isthe place where the act was committed, which contained the signs of a crime. Exceptions are cases provided for in this article. P. 1 of Art. 152 of the Code of Criminal Procedure allows for search / investigation activities elsewhere. In this case, these actions can be carried out both by an authorized person personally and by other employees on his behalf. The last one must be implemented within ten days.
In Art. 152 hours 2 of the Code of Criminal Procedure established that if the beginning of the act was one address, and the completion - in another, a preliminary investigation is conducted on the latter. If the crimes were in different places, the decision to conduct an investigation is taken by a superior. Detective and investigative measures are carried out in such cases at the address of the commission of the most serious act or most of the unlawful actions.
Art. 152 hours 4 of the Code of Criminal Procedure provides for the possibility of investigating the address of the accused or the majority of witnesses. Thus, the objectives of the actions are provided by authorized persons. P. 4 tbsp. 152 of the Code of Criminal Procedure defines them as follows:
The investigator / investigator after establishing the fact,that this crime is not hereditary to him, carries out urgent actions. After that, the authorized person transfers the case to a higher-ranking employee. In particular, the investigator sends the materials to the head of the department, the investigator to the prosecutor. The superior persons, in turn, pass the materials on the investigation. In part 6 of Art. 152 of the Code of Criminal Procedure, according to a reasoned decision of the head of the higher body of the investigation, the case may be sent to carry out preliminary activities to a higher-level unit. In this case, the prosecutor must be notified about this in writing.
The article in question formulates the rules forterritorial integrity. By this term, it is lawful to designate the location of the preliminary activities directly. This is confirmed by a direct indication of this definition in Art. 152 of the Code of Criminal Procedure. In accordance with the general rule, a preliminary investigation is conducted where the crime is over. It does not matter where the consequences of the act come.
This place is determined by the territory thatbelongs to the jurisdiction of the investigative body, where the last action relating to the objective composition of the crime was made. It is also the site on which behavioral acts were to be committed when inactivity. For example, the criminal from the site 1 shot at the victim who was in place 2. Despite the fact that the corpse will be on the second site, a preliminary investigation should be conducted at the first.
Determination of the limits of sections between the same namesinvestigative bodies are carried out by departmental legal acts. At the same time, administrative-territorial division is taken into account. At the initial stages of preliminary activities, the investigative capacity is determined approximately. The investigation starts in the area where criminal proceedings were instituted or where the case was directed by the head of the unit / prosecutor. To establish the jurisdiction of another body, the rules provided for in part 5 of Art. 152 of the Code of Criminal Procedure.
For their implementation in Art. 152 of the Code of Criminal Procedure (with comments) provides for two methods:
The choice of the method is carried out by the investigator himselfso that the alienation of his exceptional procedural capabilities (powers) does not occur. The commission represents a certain withdrawal from the principle of immediacy. In this regard, its limits should have limitations. Otherwise, the institution of the investigation will lose its meaning, since in this situation everything can be entrusted to other bodies. In these cases, it is necessary to be guided by Art. 151, 152 of the Code of Criminal Procedure.
The investigator must personally execute the procedural actions if:
In other cases, an order is allowedholding events to other officials. It is issued in writing. It contains an order to conduct investigative or procedural actions relating to the case. The Code provides for 2 types of instructions to the inquiry agency:
In the latter case, the instruction can be sent to both the inquiry body and the investigator.
When ordering the execution of procedural measures, it is necessary to take into account a number of points:
1. The artist is subject to an order for challenge.
2. The rights of participants to be present at the execution of the assignment should be ensured. For example, if an event is carried out at the request of a victim, suspect, accused, lawyer, civil plaintiff, then they are entitled to participate in it. In this case, the defender must be notified of the actions taken against the suspect. Violation of this rule results in inadmissibility of evidence obtained at the implemented events.
3. In addition to investigative activities (aimed at gathering evidence), other procedural actions may be entrusted. They include:
- familiarize the persons with the decisions on recognizing them as participants in the criminal process and explaining to them their duties and rights;
- enforcement of coercive measures (drive, removal of the obligation of appearance, seizure of property, detention);
- ensuring measures to identify and eliminate the circumstances that contributed to the commission of the crime.
Orders for the production of operational orsearch activities provided for in Art. 152 of the Code of Criminal Procedure, may be carried out with the aim of identifying the identity of the culprit or the address of his location, the definition of property subject to arrest or sources of evidence. The operational units choose specific methods and means to carry out the instructions themselves. The established ten-day period can be extended or changed by the guarantor. The proceedings are carried out within the time limits of the preliminary investigation. Detective actions can be carried out and on the suspended case. This provision is fixed in Article 210 of the Code.
A separate order may be accompanied by copiesinvestigative documents. They include, in particular, the protocols of inspections, interrogations, etc. Documents should refer to the circumstances to be determined. If the instruction relates to seizure of correspondence and its seizure, it is necessary to have a court ruling. According to Art. 152 of the Code of Criminal Procedure of the Russian Federation, the performer may conduct additional measures that are inextricably linked with those specified in the received instruction. If the instruction concerns a search, detention of a suspect, seizure, then it is necessary to attach appropriate orders to it (a prosecutor's sanction for a search, for example).
They are held before the investigatorredirects the case to the prosecutor for forwarding the case further. Under the urgent should be understood any action, delay in the performance of which can lead to the loss of evidence. The term and the list of the production of such investigative actions, established for the bodies of inquiry, for the investigator has an orientation character. The list and time limits are formulated in art. 157 of the Code.
The question of which body by territorialitymust be issued a permit for them when carrying out instructions, the legislation is not resolved. When a decision is taken without the participation of the suspect / accused, it seems appropriate to obtain a decision from the court at the place of investigation. In many cases, in the courtroom, the presence of the crime subject must be ensured on the basis of a direct examination of the case. In such situations, permission to enforce coercive measures in the execution of instructions is issued by the court at the place where the procedural action is being carried out. This provision is fixed in Art. 108, part 4 of the Code.
