Legal Encyclopedia. Letter D

INQUIRY

- The form of the preliminary investigation carried out by the inquiry officer (inspector) of the criminal case, in which a preliminary investigation is not necessary.

The preliminary investigation in the form of AD is made in the manner prescribed by the Code. D. made within 20 days from the date of initiation of criminal proceedings. This period may be extended by the prosecutor, but not more than 10 days.

D. as a kind of procedural activity and form of the preliminary investigation to investigate crimes carried out only by initiated proceedings against certain persons and according to the rules established by the criminal procedural law. The law does not establish special rules for the conduct of investigations and the decision on the DA distributes to them the rules of preliminary investigation, but with some exceptions.

Code of Criminal Procedure defines the body as a DI state body and official authorized to carry out AD and other procedural powers. These include:

1) The bodies of internal affairs of the Russian Federation, as well as other bodies of executive power, vested in accordance with the federal law powers to implement operational razysknoydeyatelnosti;

2) Chief Bailiff of the Russian Federation, the chief military bailiff, Chief Bailiff of RF subjects, their deputies, senior bailiff, the bailiff senior military and senior bailiffs of the Constitutional Court, Supreme Court and the Supreme Arbitration Court of the Russian Federation;

3) commanders of military units, formations, heads of military institutions or garrisons;

4) bodies of the state fire service;

5) captains of sea and river vessels on long voyages;

6) leaders exploration parties and wintering grounds, far from the location of the bodies D .;

7) heads of diplomatic missions and consular institutions of the Russian Federation;

8) bodies of the tax police;

9) The bodies of border service of the Russian Federation;

10) the customs authorities of the Russian Federation.

Investigator - is the official organ of D., the entitled or authorized by the head of the body D. carry out preliminary investigation in the form of AD, as well as orders to carry out any investigations.

On organs D. and investigators shall have the following functions:

1) D. in criminal cases in which a preliminary investigation is not necessary;

2) the execution of urgent investigative actions in cases in which a preliminary investigation is obligatory;

3) To facilitate the preliminary investigation agencies through the implementation of remedial actions and operational-razysknyhmeropriyaty.

D. Authority is entitled to give instructions to the investigator that produce AD, about the investigation direction, the production of certain investigative actions. In turn, the investigator makes a decision on the case on their inner conviction and is responsible for its decisions. Investigator is independent when

investigative actions and other procedural orders.

The investigator and the authority has the right to D.:

1) consent of the prosecutor to initiate a criminal case;

2) to suspend or terminate a criminal case;

3) to the investigator as the official organ of AD by order of the prosecutor may be assigned to the maintenance of the prosecution on behalf of the State in court in a criminal case, the preliminary inquiry which is carried out in the form of D.

Investigator, as an investigator, shall be recused if specified in the law.

In cases in which a preliminary investigation is not necessary authority D. ons deal with prosecutor's consent and take all prescribed criminal procedural law measures to establish all the circumstances, subject to proof in a criminal case.

By manufacture AD in cases in which a preliminary investigation is not obligatory, D. Body governed by rules laid down for the preliminary investigation, but

with some exceptions.

D. For a shorter period than for the investigation. Features DA due to the fact that the matter is being investigated in this form, when it is raised against a specific person, but to establish the circumstances of the crime is not difficult.

D. - a simplified form of investigation of certain categories of criminal cases, the investigator shall, subject to the preliminary investigation of the general conditions to produce Neo bhodimye all investigative measures to collect, test and evaluate the evidence for comprehensive and objective investigation of the circumstances of the case, take measures to address and redress the damage caused , identify and eliminate the circumstances that contributed to the commission of a crime in the framework of the D.