Art. 152 of the Code of Criminal Procedure with commentaries. The court's judgments under art. 152 of the Code of Criminal Procedure

Art. 152 of the Code of Criminal Procedure regulates the issue of the location of the preliminary investigation. Normally, there are prescriptions regarding the procedure itself, as well as the terms of its production, the specifics of the transfer of the case and other possibilities of the authorized person.

Part 1 of Art. 152 of the Code of Criminal Procedure

A preliminary investigation is carried out at the scene of the act, which contains the signs of a crime. Exceptions are cases provided for in this article. P. 1 of Art. 152 of the Code of Criminal Procedure allows for search / investigation activities elsewhere. At the same time, these actions can be carried out both by an authorized person personally and by other employees on his behalf. The last must be done within ten days.

Different places of commission of the act

In Art. 152, part 2 of the Code of Criminal Procedure establishes that if the beginning of the act was one address, and completion - in another, a preliminary investigation is conducted on the latter. If the crimes were in different places, the decision to conduct an investigation is taken by a superior leader. Investigative and investigative measures are carried out in such cases at the address of the commission of the most serious act or most of the unlawful acts.

Location of subjects

Art. 152, part 4 of the Code of Criminal Procedure provides for the possibility of carrying out investigative actions at the address of the accused or most of the witnesses. In this way, the objectives of the actions carried out by authorized persons are ensured. P. 4 tbsp. 152 of the Code of Criminal Procedure defines them as follows:

1. Completeness of the investigation.
2. Objectivity of measures.
3. Compliance with the procedural period.

Transfer of case

The investigator / investigator, after establishing the fact that the crime is not hereditary to him, carries out urgent actions. After that, the authorized person transfers the case to a higher-ranking employee. In particular, the investigator sends the materials to the head of the department, the investigator to the prosecutor. The superior persons, in turn, transfer the materials for the investigation. In part 6 of Art. 152 of the Code of Criminal Procedure, according to a reasoned decision of the head of the higher body of the investigation, the case may be sent for the implementation of preliminary activities to a higher-level unit. In this case, the prosecutor must be notified of this in writing.

Art. 152 of the Code of Criminal Procedure with comments

The article in question formulates rules on territorial integrity. This term can be used to designate the location of preliminary events. This is confirmed by a direct indication of this definition in Art. 152 of the Code of Criminal Procedure. In accordance with the general rule, a preliminary investigation is conducted where the crime is over. It does not matter where the consequences of the act come.

The site of the completion of the crime

This place is determined by the territory that belongs to the jurisdiction of the investigative body, where the last action relating to the objective composition of the crime was made. It is also the site on which behavioral acts were to be performed when inactive. For example, the criminal from the site 1 shot at the victim who was in place 2. Despite the fact that the corpse will be on the second site, a preliminary investigation should be conducted at the first.

Distribution of territories

Determination of the limits of sites between the same investigative bodies is carried out by departmental legal acts. At the same time, administrative-territorial division is taken into account. At the initial stages of preliminary activities, the investigative capacity is determined approximately. The investigation starts in the area where the criminal proceedings were instituted or where the case was directed by the head of the unit / prosecutor. To establish the jurisdiction of another body, the rules provided for in part 5 of Art. 152 of the Code of Criminal Procedure.

Actions outside the scene of investigation

For their implementation in Art. 152 of the Code of Criminal Procedure (with comments) provides for two methods:

1. Departure of an authorized person to another territory.
2. A direction to another district of the commission.

The choice of the method is carried out by the investigator himself in such a way that there is no alienation of his exclusive procedural capabilities. The commission represents a certain withdrawal from the principle of immediacy. In this regard, its limits should have limitations. Otherwise, the institution of investigation will lose its meaning, since in this situation everything can be entrusted to other bodies. In these cases, art. 151, 152 of the Code of Criminal Procedure.

The commission

The investigator must personally execute the procedural actions, if:

1. It is necessary to hold a large number of events.
2. Procedural actions concern the evaluation of evidence in the aggregate, that is, the decision that determines the direction of the investigation.

In other cases, it is allowed to entrust other officials. It is issued in writing. It contains an order to conduct investigative or procedural actions relating to the case. The Code provides for 2 types of instructions to the inquiry agency:

1. In the place of investigation.
2. Outside the investigation site.

In the latter case, the instruction can be sent to both the inquiry body and the investigator.

Specificity

When ordering the execution of procedural measures, it is necessary to take into account a number of points:

1. The order on the challenge applies to the performer.

2. The rights of participants to be present at the execution of the assignment should be ensured. For example, if an event is carried out on the application of a victim, suspect, accused, lawyer, civil plaintiff, then they are entitled to participate in it. In this case, the defender must be notified of the actions taken against the suspect. Violation of this rule entails inadmissibility of evidence obtained at the implemented activities.

3. In addition to investigative activities (aimed at gathering evidence), other procedural actions may be entrusted. They include:

- familiarize the persons with the decisions on recognizing them as participants in the criminal process and explaining to them their duties and rights;

- enforcement of coercive measures (drive, removal of the obligation of appearance, seizure of property, detention);

- ensuring measures to identify and eliminate the circumstances that contributed to the commission of the crime.

additional information

The order for the production of operational or search measures, stipulated in Art. 152 of the Code of Criminal Procedure of the Russian Federation, may be carried out with the aim of identifying the identity of the culprit or the address of his location, the definition of property subject to arrest or sources of evidence. The operational units choose specific methods and means to execute the requirements themselves. The established ten-day period can be extended or changed by the guarantor. The proceedings are carried out within the time limit of the preliminary investigation. Detective actions can be carried out and on a suspended case. This provision is fixed in Article 210 of the Code.

Apps

A separate order may be accompanied by copies of the investigative documents. They include, in particular, the protocols of inspections, interrogations, etc. Documents should refer to the circumstances to be determined. If the instruction relates to seizure of correspondence and its seizure, it is necessary to have a court ruling. According to Art. 152 of the Code of Criminal Procedure of the Russian Federation, the performer may conduct additional measures that are inextricably linked with those specified in the received instruction. If the instruction concerns a search, detention of a suspect, seizure, then it is necessary to attach to it relevant orders (prosecutor's sanction for a search, for example).

Urgent actions

They are held before the investigator redirects the case to the prosecutor for further referral to the investigation. Under the urgent should be understood any action, delay in the performance of which can lead to the loss of evidence. The time-limit and the list of the production of such investigative actions, established for the bodies of inquiry, for the investigator has an orientation character. The list and time limits are formulated in art. 157 of the Code.

Compulsory procedural measures

The question of which territoriality authority should be granted permission for them when executing assignments has not been resolved in the legislation. When a decision is taken without the participation of the suspect / accused, it seems appropriate to obtain a decision from the court at the place of investigation. In many cases, in the courtroom, the presence of the crime subject must be ensured at the direct examination of the case. In such situations, permission to enforce coercive measures when executing an order is issued by the court at the place where the procedural action is being carried out . This provision is fixed in Art. 108, part 4 of the Code.