Legal encyclopedia. Letter H

HEAD OF THE INVESTIGATIVE DEPARTMENT

- participant in criminal proceedings, an official who heads a relevant investigative unit. Authorization. S. O .:

1) entrust the production of preliminary investigation to the investigator or several investigators, and also to withdraw the criminal case from the investigator and transfer it to another investigator with the obligatory indication of the grounds for such transfer, to create an investigation group, to change its composition;

2) to cancel unreasonable decisions of the investigator on the suspension of the preliminary investigation;

3) submit to the public prosecutor an application for the abolition of other unlawful or unreasonable decisions of the investigator.

NSO has the right to initiate a criminal case, to take a criminal case to his proceedings and to conduct a preliminary investigation in full, while having the authority of an investigator and (or) the head of the investigation team.

In the exercise of the above powers, NSO has the right:

1) check the materials of the criminal case;

2) to give the investigator instructions on the direction of the investigation, the production of individual investigative actions, the involvement of the person as the accused, the election of the preventive measure against the suspect, the accused, the qualification of the crime and the scope of the charge.

NGO law enforcement agency performs departmental procedural control over the production of preliminary investigation carried out by subordinate investigators.

At the same time, NSO's instructions in the criminal case are given in writing and binding on the investigator. However, these instructions can be appealed to the prosecutor. Appealing to orders does not suspend their execution, except when instructions refer to the withdrawal of a criminal case and its transfer to another investigator, the involvement of a person as an accused, the qualification of a crime, the scope of the charge, the choice of a preventive measure, and the conduct of investigative actions that are allowed only by a judicial Solution. In this case, the investigator has the right to submit to the prosecutor materials of the criminal case and written objections to the instructions of the head of the investigation department.