What do articles 144 of the CCP RF and 145 CCP RF mean?

The adoption of a decision on the commencement of criminal proceedings is allowed only on the basis of an objective, complete and comprehensive analysis and assessment of the information received. Having accepted a communication about a crime or attempt on it, an official is obliged to check the information contained in it. The procedure for reviewing the information received, as well as the specifics of making decisions on the results of the audit, is established by more than one article (144, 145 of the Code of Criminal Procedure), which means that the legislator pays special attention to the clarity and accuracy of the preliminary measures, according to which the suspect or the perpetrator will be held liable .

Main questions

When a crime report is received, the official assesses the quality of the information. In doing so, he should answer the questions:

1. Does the data source issue a statement or a message in substance and in form.
2. Are the facts and events real, and the information is reliable.
3. Does the deed, which is reported, show signs of a crime, is it possible to qualify it according to some article of the Criminal Code.
4. Is it necessary to carry out measures to prevent, suppress misconduct, fix traces, find out information about the victims, and help them.
5. Whether it is necessary to carry out check actions for detection of the information which specify signs of a crime.
6. Is there information about an act that does not pose a threat to society because of its insignificance.
7. Does the resolution of the communication, statements to the competence of the inquiry bodies (or should it be conveyed on the subject / territorial jurisdiction / jurisdiction) apply ?

As the central issue in the consideration of the communication on the norm 144 of the CCP RF is the identification of the grounds for the initiation of criminal proceedings.

Specificity of evaluation activities

The usual procedure for examining reports of crimes is expressed in the complex of consecutive actions of the body of inquiry, the investigator, the prosecutor or the investigator. Article 144 of the Code of Criminal Procedure establishes it, which means that cases relating to private prosecution are investigated in a slightly different way. It concerns the competence of the judge. The list of verification activities conducted before the procedural decision is adopted is listed in part 1 of the 144th CPC of the Russian Federation. It mentions the possibility of performing certain audits and inspections. The regulations set forth exclusively investigative measures, which are allowed to be carried out without a resolution on the commencement of criminal proceedings. These include, in particular, the examination of the crime scene, the appointment of forensic experts, examination.

Organization of verification

As a rule, various acts, references and other documents refer to the materials of the activities carried out at the rate of 144 CCP RF. In the implementation of actions regulated by law, the powers of officials from law enforcement bodies are realized. Their circle is set in the relevant sectoral legislation. In this case, the authorities are empowered to receive necessary explanations from officials and citizens. Organization of checkout activities around the clock in relation to messages that require immediate response are performed by employees of duty units (orders, shifts) that are part of the structure of the bodies of inquiry, the prosecutor's office, the preliminary investigation.

Responsible persons

They are also established art. 144 of the Code of Criminal Procedure. What does "responsible person for the organization of verification" mean? This is an employee authorized to exercise control over the compliance of preliminary measures with the established requirements of the law. Responsible persons are referred to the heads of the prosecutor's office, preliminary investigation or inquiry. It does not matter whether they took the message personally, directly arriving at the site of the alleged crime, or by studying reports on information received, including for which urgent measures of response were taken. The latter should include:

• Suppression and prevention of crimes.
• Establishment and prosecution of suspects in the "hot pursuit" for their detention.
• Implementation of certain investigative measures to fix the traces of the deed.
• Implementation of special plans to identify and detain suspects and so on.

Checking Features

It is carried out by the prosecutor, investigator or investigator. However, the powers of these employees can be assigned by the head of the competent authority or his deputy to other persons in his staff, taking into account the level of their legal preparation. This is done through the approval of the relevant organizational and administrative act. Officials performing the audit or its organization, according to the information that is present in the message and require immediate response, within the scope of their competence, must take urgent measures to:

1. Identifying the signs of crime.
2. Suppression of the act.
3. Fixation and preservation of traces and evidence requiring seizure, consolidation and research.
4. Conducting search and operational measures to establish and detain on hot footprints or red-handed citizens who have committed or have already committed a crime.

On the measures of immediate response according to the information present in the message, as well as on their results, is reported to the head of the relevant body or to the prosecutor for organizing further procedural actions. This procedure should be carried out in a short time (within 24 hours).

Article 144 of the Code of Criminal Procedure: characteristics

This rule is considered one of the most extensive in the 19th chapter of the Code. Article 144 of the Code of Criminal Procedure, as stated above, provides for the preliminary verification of the statement (communication) about the criminal act, some means of conducting it and the procedure for their implementation. At the same time, the following norms are normally established: the term of this stage of commencement of proceedings, the limits and procedure for its increase, guarantees of compliance with legal requirements and other procedural provisions. However, not all authors pay due attention to the substance of the provisions that are present in Art. 144 of the Code of Criminal Procedure. In particular, very few people explain the issue concerning the subjects authorized to receive the message. It is advisable to consider it in more detail.

Acceptance of the message / application

Art. 144 of the Code of Criminal Procedure of the first part of the criminal procedural provisions explains somewhat conditionally. In it, as in parts 2 and 3, it refers to the prosecutor, the investigator and the body of inquiry. In this regard, many authors in the comments to art. 144, 145 of the Code of Criminal Procedure restrict the circle of executors of the relevant actions to the above-mentioned subjects. Some say about all officials who are members of the law enforcement bodies, as employees who are charged with the duty to accept the application / message. Meanwhile, these powers are vested not only in persons who are specified in the norms 144, 145 of the Code of Criminal Procedure, but nevertheless not on all law enforcement officials. Accept the application / communication is entitled and obliged only to the person whose competence includes the initiation of criminal proceedings.

Authorized employees

In addition to persons listed in the norm 144 of the Code of Criminal Procedure, under certain circumstances an authorized person to initiate a criminal case and, accordingly, to receive a communication / application, may be required to be the head of the investigation team or the head of the investigation department. As one of the conditions in this case is obtaining the consent of the prosecutor. The group leader is entitled to separate the criminal case into a separate proceeding. The order of this procedure is fixed in art. Code 153-155. This indicates that the head is also authorized to register the case in a separate proceeding to perform a preliminary investigation of the newly committed crime, and also concerning a new person. The decision on this, in accordance with Art. 154, part 3, can not be accepted without simultaneous initiation of the case.

Employee of the investigation team

The question of his powers remains controversial today. His right is allowed within the meaning of norms 144, 145 of the Code of Criminal Procedure, which means that in all cases when a member of the investigation group is being approached with relevant statements / messages, he is recommended to take the necessary measures to get information about the information received by the head. This is necessary to ensure that the authority to accept information and conduct a preliminary audit were delegated to the employee or conducted with the participation of the chief.

Law enforcement authorities

A number of authors indicate that the notion of an employee in the staff of these structures is too broad to apply it as a synonym to the category of persons obliged to receive the message / statement of the crime. The law enforcement agency refers to an institution (and in some cases an employee - a judge, an investigator or an individual who provides legal assistance to citizens), which by law is entitled and obliged to protect the interests, rights and freedoms of individuals and organizations, the state, subjects, municipalities, maintain law and order and Legality.

An Important Moment

Preliminary verification of the message / statement of the crime is carried out through the use of procedural techniques. Together with them, the results of non-process funds involved in the process are applied. A number of publications have expressed the opinion that the verification of the reason for the commencement of proceedings is carried out in accordance with the rules provided for in the 87th code of the code, since the majority of employees recognize the admissibility of proof at the stage of initiating the case.

Reporting a crime

This concept is used by far more than one article (144, 145 CCP RF). What does "crime report" mean? This term is used in the norms in three meanings.

1. In parts 1 and 5 of the rule 144 of the CCP RF, the message of a crime is considered not only an excuse for commencement of proceedings, but also any other. The latter, in particular, include a turnout with a confession and a statement.
2. Part 2 of the 144th article refers only to a certain type of communication about a criminal act that is being prepared, or has already been committed, received from different sources. In accordance with the norm 143, a report is made on the identification of signs of a crime.
3. Part Four of Art. 144 calls a report on the crime a statement - the reason for the commencement of the proceedings in the case provided for in Art. 140 and 141.

Additionally

A check using criminal procedural means can be carried out with respect to any reason for initiating a criminal proceeding. The term of this procedure is calculated from the moment of the first receipt of the relevant information about the crime being prepared, committed or committed, to the body of inquiry, to the member or to the head of the investigation team, to the prosecutor and other authorized persons mentioned above. In this case, the message must contain the signs of an objective part of the offense that have procedural value.

Limits of competence

What else does Article 144 (145) of the Code of Criminal Procedure of the Russian Federation say? Here it is indicated that authorized bodies accept the message, check it and make a procedural decision. The limits of competence imply restrictions not only on the right to initiate a case, but also on the possibility of conducting a preliminary check. So, Article 144 (145) of the Code of Criminal Procedure of the Russian Federation does not allow the carrying out of these measures by persons not authorized to initiate criminal proceedings.

Solutions

The activities provided for in Art. 144, 145 of the Code of Criminal Procedure, are being carried out in a certain order. So, according to the results of the preliminary inspection, the head of the investigative body, the inquirer or other authorized person, performs one of the following actions:

1. Refuses to initiate proceedings.
2. Transmits a communication about the jurisdiction under Art. 151 of the code, and according to the statements of the private prosecution - to the court.
3. Excites production.

The authorized person shall notify the applicant of the decision to be taken. At the same time, the latter should be explained the right to appeal and the order of contestation itself. Within the meaning of norms 144, 145 of the Code of Criminal Procedure, if a decision is made to transfer materials for investigation or to a court, authorized persons must ensure the preservation of traces of the crime.