Inquiry is ... Forms of inquiry. Bodies of preliminary inquiry

Human activities are not always legitimate. Very often people go beyond what is permissible. Such acts are called offenses, because they actually destroy the existing legal order in the state. Of course, the degree of damage to public relations from such actions can be completely different. It all depends on the severity of the perfect deed. At the same time, not only violations of law, but also the process of their detection and suppression are of great interest.

In the Russian Federation, this is done by special law enforcement agencies that are authorized to implement certain activities by legislation. The type of offense in this case plays a big role. From this factor, the form of the proceedings and the type of agency that will directly implement it will depend.

As we know, the most dangerous offenses for society are criminal offenses. Such actions are prosecuted by the current legislation, and for their fulfillment legal liability is provided in accordance with the sanctions of the Criminal Code of Russia. Criminal proceedings, in turn, are carried out in the form of pre-trial investigation, which has two forms: investigation and inquiry. The latter type has its own peculiarities and specific legal regulations.

Investigation. The concept of

Criminal proceedings are characterized by a number of specific specific aspects. The forms of this activity are elements of one institution - investigation of crimes. In the science of the criminal process, it is presented as a series of actions by authorized bodies, carried out with the aim of obtaining any information on committed socially dangerous acts.

In addition, the investigation is carried out to identify the conditions and causes of the crime, the persons who implemented it, and to apply criminal sanctions to them. Activities of this kind have developed for many years in a modern Russia. To date, the investigation of crimes is carried out by representatives of relevant law enforcement agencies of Russia in such forms as preliminary inquiry and investigation. It should be noted that both types have common and different traits.

The difference between inquiry and investigation

So, we found out that an inquiry is one of the elements or forms of investigating crimes. However, there is such a thing as a consequence. Very often investigation and investigation are confused with each other. To distinguish the essence of terms, it is necessary to understand their meaning.

First of all, one should take into account the fact that inquiry and investigation are forms of investigation of crimes. That is, in both cases we are talking about the establishment of factual data about the committed socially dangerous act. But there are nuances. The main delineation factor is the severity of the crimes committed. In other words, the inquiry is conducted according to the acts of small and medium gravity, and the investigation is carried out on grave and especially grave cases.

On the basis of each activity, a separate document is drawn up. When we inquire, we have an indictment, and at the investigation - an indictment. Thus, the presented forms of activity are completely different. Therefore, the inquiry and the preliminary investigation must be understood and delimited, since the extent of the applied measures of legal responsibility in both cases will be different.

The concept of inquiry

When analyzing any phenomenon, it is necessary to take into account its significance. After all, it is in the notion that the main essence and potential of this or that activity is concealed. Thus, the inquiry is a form of investigation of crimes, as has already been indicated above, the purpose of which is to conduct proceedings on the fact of committing crimes of small and medium gravity.

It should be noted that this form of investigation is known not only in the Russian Federation. It is actively used in many countries of Eastern Europe and the Middle East. In addition to its purely practical purpose, the institute of inquiry plays an important role for the scientific investigation of the investigation within the framework of domestic legislation.

Typical features of the Institute

The implementation of the inquiry takes place in a strict procedural framework. In this case, there is a specificity of this form of investigation, which manifests itself in several specific aspects, namely:

• Inquiry is conducted only in cases in which there is a suspect;
• On the outcome of the activity an indictment is issued;
• The inquiry takes place for thirty days;
• The continuation of the term for carrying out the inquiry is allowed, but not more than thirty days;
• The described form of investigation is realized by different law enforcement bodies, in which there is a department of inquiry.

The presented features fully reveal the specifics of the institute and its possibilities in the framework of the investigation of criminal offenses.

Forms of inquiry

Despite all the simplicity of its regulation, the institution described in the article can be realized in completely different ways. The implementation algorithm will depend on the form of the inquiry. To date, there are several basic forms, taking into account the provisions of the existing criminal procedure law:

1. Inquiry in full.
2. Short inquiry.
3. Implementation of urgent investigative actions.

The last form is the simplest, if you compare it with the other two. Its essence lies in the fact that the bodies of inquiry after the institution of a criminal case realize the necessary investigative actions aimed at fixing traces of a socially dangerous act. The peculiarity of the form is the fact that after carrying out all the necessary activities, the materials are transferred to the investigator. That is, this type of inquiry is there to ensure the investigation as a whole, in order to prevent the loss of any important information, etc.

Abbreviated form

Quite interesting is the inquiry of the abbreviated type. This kind of procedural activity is quite possible, taking into account the provisions of domestic legislation. A short inquiry is a production that is applicable in the case of an irrefutable and indisputable involvement of a particular person in a crime. Such a form exists to limit the irrational waste of funds and the forces of the investigative authorities that may arise from the proceedings. In fact, a short inquiry is an opportunity to save time. But for the production of such a form, a number of obligatory moments are necessary.

Specificity of production

Inquiry in the reduced form is carried out only in the event that for this purpose there are certain bases. Key features of production are presented in chapter 32 (1) of the Code of Criminal Procedure of the Russian Federation. It should be noted that the conditions listed in the law must be observed without exception, namely:

• A criminal case is opened on the fact of the crime;
• The suspect fully recognizes the act committed by him, the harm inflicted on him, and also does not challenge the legal qualification;
• Circumstances that prevent the implementation of the inquiry, are absent.

The last point is of great importance. Its elements are presented in Article 226 (2) of the Code of Criminal Procedure of the Russian Federation.

Facts excluding shortened inquiries

The presented rule, that is, Article 226 (2) of the Code of Criminal Procedure, contains a number of circumstances, the presence of which does not allow the realization of a shortened form of inquiry. Such moments include the following:

• Suspect - minor;
• There are grounds for implementing medical measures;
• The person committed several acts, one of which carries out a preliminary investigation;
• The suspect does not know the language of the proceedings;
• Against the reduced inquiry the injured party objects.

The presence of at least one of these features excludes carrying out a reduced order of inquiry.

Procedure of reduced production

There are several basic features of carrying out an inquiry in a reduced form, in addition to those previously submitted:

1. The term of inquiry in abridged form begins to be calculated from the moment of issuing a resolution on the realization of this type of production. In this case, the investigation period in this case is no more than fifteen days.
2. The scope of actions is limited to the most urgent and necessary, which fully proves the criminal's guilt and the amount of damage inflicted on him.
3. In such a production, a defender is obligatory.
4. The punishment imposed by the court shall not exceed half the size or term of the most severe type provided for in the sanction of an article.

It should be noted that the inquiry in abridged form can be terminated and resumed in the usual way. This fact is the main guarantee of ensuring freedoms and human rights.

Bodies of preliminary inquiry

Not all bodies and their officials can implement the form of investigation described in the article. The list of entities that have an inquiry department in their structure is presented in Article 40 of the Code of Criminal Procedure of the Russian Federation. According to its provisions, the authorized bodies are:

• Bodies of internal affairs, as well as other law enforcement agencies that have the right to implement operational and search activities;

• Federal Bailiff Service;
• Military Police of the Armed Forces of the Russian Federation, commanders of units, chiefs of military institutions;
• State Fire Supervision;
• Captains of long-distance vessels;
• Chiefs of Arctic stations, heads of wintering grounds;
• Heads of consular and diplomatic missions.

Thus, the bodies of preliminary inquiry that are exclusively presented above can implement the described form of investigation under certain conditions.

Professional holiday

The existence of investigators in various bodies of our state necessitated the creation of a special holiday. This can be called the Day of Inquiry. It is celebrated annually on the sixteenth of October. It should be noted that this day is celebrated by the Interior Ministry's Inquiry and all other bodies in the structure of which the relevant departments are provided. This is a special holiday for them.

The day of inquiry in many ways proves the necessity of such activity and its significant role in the process of combating crime in the territory of the Russian Federation.