Procedure for initiating criminal proceedings

The criminal process is the institution of the case according to the established CPC in case of detection of a criminal act. Further, all available materials are documented, such a combination of documents is called judicial proceedings. The initiation of a criminal case is a form of criminal proceedings. At this stage, authorized officials or public authorities, upon learning of a criminal act that is being prepared or have already been committed, begin to establish the plausibility of the information received. Only after this, a decision is made to establish or deny the institution of the case.

The initiation of a criminal case is an integral and obligatory part of the criminal process, it always begins with the adoption of a complaint or statement, this is stated in Art. 108 CCP. Within three days (in rare cases more than 10 days) all circumstances must be checked, during which traces of the crime will be revealed. The law states that for each incoming communication, a decision must be made.

The initiation of a criminal case by the Criminal Procedure Code is a statutory response by a prosecutor, a court, an investigator, or an inquiry agency, to which events that contain signs of a crime have become known. The decree on the initiation of a criminal offense (Article 146, part 2) must specify:

• Settlement (territorial dislocation, country, city, etc.), date and time of delivery.
• By whom the decision (the full name, a class rank, a post or the organ name) is taken out.
• The basis and reason for his excitement.
• Article number of the Criminal Code, part, paragraph, the signs of which are revealed in the application for the inspection materials.

Based on this article, the correct decision on preliminary investigation will be made . The earlier the criminal case starts, the more likely it is to solve the crime "in the hot pursuit". A belated investigation into the incoming signal can lead to serious consequences.

According to Art. 178, before issuing a resolution it is prohibited to conduct investigative actions, not counting those who do not tolerate delay. This is due to the fact that after signing the act on the initiation of the process for persons participating in criminal proceedings, SCP measures will be applied, which significantly restricts freedom and constitutional human rights. Citizens are subject to mandatory examination, interrogation, searches, seizures and other measures. Such coercive measures are permissible in the event that all the signs of the committed act are clearly established and a criminal offense is instituted against them.

Who has the right to initiate u / d?

These rights are vested in the bodies of inquiry, the prosecutor, the judge and the investigator in accordance with Articles 3, 112, 109, 255 and 256. Such powers no one else has. The person who will be engaged in the investigation, first must issue a resolution on the initiation of the case and take it to court proceedings. The initiation of a criminal case may not begin if the officials have no grounds (Article 113 part 1).

On the refusal, a decision is also issued, in which the reasoned justification is indicated, i.е. The document should describe specific data that clearly substantiates this conclusion. The person who issued this resolution must verbally explain to all interested citizens that they have the right to appeal. The order of reasonableness of initiation of cases should be monitored by public prosecutor's supervision (Article 116).

The prosecutor's duties include: overseeing the unjustified refusal or initiation of the law, compliance with the procedure and deadlines for considering complaints received. Therefore, the law requires that a copy of his copy be sent to the prosecutor within 24 hours after signing the resolution. In the event that a discrepancy is revealed, he has the right to cancel the decision already taken by the investigator or by the inquiry body. The procedure for initiating a criminal case must be strictly observed.