Legal encyclopedia. The letter U

PARTICIPANTS OF THE CRIMINAL PROCESS FROM THE ACCUSATION SIDE

- persons supporting the prosecution and carrying out criminal prosecution by virtue of their professional duty, persons who have suffered damage from the crime committed.

These persons include: the prosecutor, the investigator, the head of the investigation department, the body of inquiry, the investigator, the victim, the private prosecutor, the civil plaintiff.

1) prosecutor - an official authorized by the state to prosecute and supervise the bodies of inquiry and preliminary investigation.

The Prosecutor has the right:

A) to initiate criminal proceedings;

B) participate in the preliminary investigation;

C) to revoke unlawful or unjustified decisions of the lower prosecutor;

D) prolong the period of preliminary investigation;

E) approve the indictment;

E) return the criminal case for additional investigation;

G) suspend or terminate the proceedings in a criminal case.

Written instructions from the prosecutor are mandatory. Their appeal does not suspend their execution;

2) the investigator is the official conducting the preliminary investigation. Authority:

A) Adopt a criminal case;

B) to initiate criminal proceedings;

C) direct the investigation and take decisions on the conduct of investigative actions;

D) give written information to the bodies of inquiry, which are binding for execution;

H) the head of the investigation department - the person who heads the investigation department of the prosecutor's office, internal affairs bodies or federal security agencies;

He has the right:

A) entrust a preliminary investigation to the investigator;

B) to revoke the investigator's orders to suspend the preliminary investigation;

C) submit motions for the abolition of the investigator's orders;

D) check the materials of the criminal case;

E) give instructions on the direction of the investigation and the production of individual investigative actions.

The instructions of the head of the investigation department are mandatory for the investigator to perform, but may be appealed to the prosecutor;

4) the body of inquiry - the bodies of internal affairs, the executive authorities, the chief judicial officer of the Russian Federation, the chief military bailiff, the chief bailiff of the subject of the Russian Federation, his deputies, the senior bailiff, the senior military bailiff, the commanders of military units, the organs of the state fire service.

They are assigned the following duties:

A) conduct an inquiry on cases for which a preliminary investigation is not necessary;

B) perform urgent investigative actions in cases on which a preliminary investigation is mandatory;

5) the investigator - the person conducting the inquiry.

The investigator has the right:

A) conduct investigative actions and take procedural decisions;

B) review and verify applications and reports of crimes.

The investigator provides protection to the accused or suspect, sends complaints to the court of persons who are in custody, identifies the reasons for the commission of crimes and takes measures to eliminate them;

6) victim - a person who suffered physical, property or moral harm.

The victim has the right:

A) be aware of the charge against the accused;

B) give testimony;

C) present evidence;

D) submit motions;

E) support the prosecution;

E) appeal against the sentence;

G) to speak in court debates. The victim does not have the right:

A) evading call appearance;

B) give knowingly false testimony;

C) disclose the data of the preliminary investigation.

If the victim fails to appear, the victim may be subject to a drive;

7) private prosecutor - a person who filed an application in the criminal case of a private prosecution.

A private prosecutor is

An independent participant in the process. Its approval is carried out from the moment of adoption of the application by the court to the proceedings.

He has the right:

A) produce evidence;

B) participate in the study of evidence;

C) state their opinion on the merits of the prosecution;

D) change the charge;

E) waive the charge.

A private prosecutor makes and maintains a civil claim filed;

8) a civil plaintiff is a natural or legal person who makes demands for compensation for property damage.

The claim is made after the initiation of the case, but before the end of the preliminary investigation. The plaintiff is exempt from payment of state duty.

A civil claimant may:

A) to support the claim;

B) provide evidence;

C) give explanations;

D) submit motions;

E) have a representative;

E) withdraw from the claim;

G) bring complaints;

H) to speak in court. The plaintiff can waive any claim for any

Stage of production.