Procedural terms in the criminal procedure: the concept, types, compliance and extension

– наиболее актуальная тема исследований современных юристов. The procedural terms and costs in the criminal process are the most relevant topic of research by modern lawyers. These elements of the system are means, the use of which ensures the implementation of the tasks of the judicial process. . Let's consider further the concept of procedural terms in the criminal process .

General information

– установленные законодательством временные промежутки. Procedural terms in the criminal procedure are the time intervals established by law. Within their limits, the participants in the proceedings are eligible or must take a decision, carry out an action or abstain from it. The regulation of the periods extends to all stages of the work in the case.

The importance of procedural terms in the criminal process

The established time intervals play an important role in legal proceedings. определяют границы принятия решений, осуществления действий, продолжительность разбирательства в целом. Different types of procedural terms in the criminal process determine the boundaries of decision-making, the implementation of actions, the duration of the proceedings as a whole. These periods are regarded as standards and have a binding nature. устанавливаются или непосредственно законодательством, или определяются по решению уполномоченной инстанции. Procedural terms in the criminal procedure are established either directly by the law, or are determined by the decision of the authorized body. In the latter case, they will be mandatory for specific participants in the production or individual actions. Temporary restrictions discipline subjects involved in the proceedings. In some cases, they give rights, in others - they impose duties in a timely manner to make a decision, to take an action or to refrain from doing so. For example, the victim has the opportunity to get acquainted with the materials of production in a timely manner. Another participant, in particular a prosecutor or an investigator, in turn, is obliged to provide conditions for the person to exercise his right and not create any obstacles to this. Violation of the timeframe can lead to adverse consequences. So, those or other decisions can be recognized as invalid, the collected evidence - not having legal force. In addition, the law provides for the responsibility of officials for violation of time periods. Compliance with procedural terms in the criminal process ensures the implementation of guarantees established by law for participants in the proceedings to protect their rights and interests. In addition, the implementation of regulatory requirements allows a full, objective and comprehensive study of the actual circumstances of the case.

Classification of procedural terms in criminal proceedings

In the legal literature, different segregations of periods are conducted according to very different criteria. : By nature, the following types of procedural terms in the criminal process are distinguished:

1. Office work . They ensure the internal organization of the work of the bodies in charge of the materials.
2. Periods ensuring the rights of participants in production.

In the second case, the omission or the observance of the term determines the immediate occurrence of a legal opportunity. Office work periods limit the activities of authorized employees. The calculation of procedural terms in the criminal process in the first and second cases is carried out in different ways. For these periods, different effects of the pass are provided. The legislation provides for the extension of procedural terms. In the criminal process, it extends only to clerical periods. For example, an investigator can send an appropriate petition if he needs to increase the duration of the investigation. If private individuals, for good reasons, missed the period in which they were able to implement this or that right, then the norms allow the restoration of procedural terms. In a criminal procedure in such situations, rules similar to those established for civil proceedings are applied. The person who missed the deadline must provide evidence that the reasons were respectful.

The methods for determining

, устанавливаемые указанием: According to this criterion, procedural terms are set out in the criminal process , which are established by indicating:

1. Period of time.
2. A specific event. For example, the suspension of the preliminary investigation is carried out until the accused is recovered. Such a period can not be determined in advance. Prior to the event, the authorized employee is obliged to refrain from carrying out investigative measures.
3. The calendar date. For example, the court postponed the meeting, indicating the date and month of the next hearing. The date also establishes an extended period of stay in custody.

Degree of certainty

: On this basis, the following procedural terms are singled out in the criminal process :

1. Extended . Such periods give participants the freedom to choose one or another moment for the implementation of an action. These terms are calculated in hours, days, years, months.
2. Single-time . These terms oblige to carry out those or other actions immediately after the decision or procedure is adopted. For example, the CCP provides that an investigator must interrogate a citizen immediately after being charged. The law also prescribes that the prosecutor, judge or other authorized officer must immediately release a person detained, deprived of liberty, placed in a medical institution, detained unlawfully or for a period exceeding the established norms. The corresponding rule is present in Article 10 of the Code of Criminal Procedure (Part 2). If a judicial decision on the imprisonment of a citizen is not received within 2 days from the date of extension of the period of his detention, the person is immediately released. The head of the institution, in which the subject was located, notifies the investigator or the body of inquiry, in whose proceedings the relevant case is located.

Extended periods

They are divided into:

1. Certain . This means that the duration of the period is precisely established by law. For example, the length of stay of a person in custody, the time of checking allegations of a crime, the terms of inquiry, investigation, investigation of complaints, etc. 475 Article CPC prescribes to hand over a copy of the sentence to the convicted or acquitted not later than three days after the proclamation. If the volume of the resolution is large, then this period is 10 days.
2. Relatively definite. Their duration is determined by the limits "from" and "to". In these terms, the specific moment of the action or decision-making is not established. In this case, the participant can exercise the right or fulfill the duty on any day within the specified period. For example, an interested person can file a civil claim after commencement of proceedings pending the completion of the trial at the first instance. The corresponding rule provides for Article 44 of the CPC (Part 2). Judicial review should begin no later than 14 and not earlier than three days from the date of receipt of the case or application. This rule fixes 321 articles of the Code (Part 2).

Legal implications

On this basis distinguish:

1. Timing of the implementation of the law. Their termination means the termination of a legal opportunity. For example, if the period for filing an application for appeal or cassation is missed, the subject will lose the right to appeal.
2. Terms of performance of duties. The end of these periods does not entail the exemption from the commission of an action. The duty must be fulfilled in any case. If the period has expired, sanctions can be applied to the offender. For example, in the case of failure to appear on the agenda without a good reason, a citizen may be subjected to a forced drive.

Guaranteeing guarantees

From this point of view, you can divide the terms into:

1. Ensuring the speedy implementation of judicial proceedings. For example, the law establishes specific periods for resolving the issue of initiating a case or refusing to do so, conducting a preliminary investigation or inquiry.
2. Guaranteeing the realization of interests and rights of participants in production. For example, the law provides for temporary restrictions for the detention and interrogation, the choice of a preventive measure, the charge, detention, etc.
3. Providing the prosecutor's supervision and judicial control. These periods are necessary to verify compliance with legislation in criminal proceedings. The norms establish temporary restrictions for the notification of the prosecutor about the resumption or suspension of the preliminary investigation, the notification of the judge about the performance of the investigative action without obtaining permission to do so.

The flow of periods

зависит от характера действия, ограниченного теми или иными временными рамками. The procedure for calculating procedural time limits in a criminal proceeding depends on the nature of the action, limited by certain time frames. The General Rules establishes 128 articles of the Code of Criminal Procedure. According to the norm, the terms are calculated in hours, days, months. In some cases it is allowed to keep an account in years. Meanwhile, in certain circumstances, the law prescribes to perform the action immediately. Some examples have already been mentioned above. As the 128 article of the Code indicates, when calculating the monthly terms, the day and the hour that begin the period are not taken into account.

Reference

If the period is calculated:

1. For hours, the beginning is the hour and minute, when an event occurred that attracted the course of the period. In case of detention, the time interval is counted from the moment of actual seizure - the restriction of physical freedom.
2. Day, then part of the day / night following the event is taken into account. The period ends at 24 hours of the last day according to local time.
3. Months, then the current hour and day, when the event occurred, is not taken into account. In other words, the calculation starts from 00.00 the next day, and the deadline ends on the corresponding calendar day of the month.

If the legislation specifies a day as a period, then it takes time from 6 am to 10 pm local time. For example, Article 146 of the Code of Criminal Procedure (Part 4) stipulates that the applicant must be notified on the same day, at 172 norm - the charge is brought on the day when the accused appeared or was forcibly brought.

End of period features

If the end of the period falls on a non-working day, the next business day will be considered as the last. The exception is cases where such a count violates or limits the interests and rights of a person. Such situations include:

1. Detention of a citizen, imprisonment and detention under house arrest, guards, in a medical institution, as well as under the circumstances provided for in Article 397 of the Code of Criminal Procedure.
2. Suspension of the execution of the verdict.
3. Consideration of an application for the removal of a criminal record.

In these terms include non-working days.

Difficulty in practice

Compliance with the deadlines, enshrined in the norms, serves as a guarantee of the possibility to declare a petition, freedom of appeal against decisions and actions of employees and state structures conducting production. Violation of the timeframe leads to negative consequences. In particular, the interests and rights of participants in the proceedings are infringed, important information that has evidentiary value is lost, enforcement measures are not applied in time, and so on. In law enforcement practice, there are various phenomena that create the prerequisites for violation of the established deadlines. In particular, we are talking about red tape, unlawful delay in decision-making, etc. Detainees also find facts of detention for longer than the established time, unreasonable deferment of proceedings, postponement of a hearing without grounds, appointment of a meeting through a long time interval, and so on. To eliminate these violations, a number of acts aimed at meeting deadlines were adopted. Thus, Federal Law No. 69 introduced a new principle for establishing a reasonable period. It includes the period from the commencement of the criminal prosecution to its termination or the issuance of a court judgment. The starting point is the moment when the citizen received the status of the accused or the suspect. When establishing a reasonable time for criminal proceedings, it is necessary to take into account a number of circumstances. First of all, this is the actual complexity of the case. Of great importance are:

1. Behavior of participants in production.
2. Effectiveness, sufficiency of actions of the prosecutor, the court, investigators, investigators and their leaders.
3. Total duration of proceedings.

At the same time, it is important to note that the circumstances related to the organization of the activities of law enforcement agencies, instances reviewing the case and supervising the prosecution, are not taken into account as grounds for increasing the reasonable time. If a person believes that the proceedings are delayed for no reason, he can apply to the competent authority with the appropriate application.