Art. 222 of the Code of Criminal Procedure. Referral of criminal case to court

The preliminary investigation of the committed crime ends with the fact that the case with the indictment is forwarded to the prosecutor for approval. After that all the materials are sent to the judicial authority for consideration and decision-making. This should be properly notified to the parties to the process. In addition, Art. 222 of the Code of Criminal Procedure indicates that the prosecutor must deliver a copy of the report to the alleged attacker with all the documents that are attached to the case. More details about this will be written in this article.

What you need to know

After collecting all the necessary evidence in the case, the law enforcement officer completes the preliminary investigation, that is, sends all the materials with the written report to the prosecutor. This is the law. The prosecutor must take a decision on the case within five days.

In the specified period of time, the official carefully studies all the materials and only after that puts his signature on the procedural document. If the prosecutor finds that in the case it is necessary to collect additional evidence, as well as to carry out some investigative actions, he returns it to a law enforcement officer. This is supported by a ruling.

Direction

If the procurator approves the report he has received, he will refer the case along with the above procedural document to the judicial authorities. This rule is spelled out in Art. 222 of the Code of Criminal Procedure. The parties of the process must be notified about this without fail. In addition, the participants in the proceedings are explained their rights to the possibility of making applications for the production of certain actions that helped to establish all the circumstances of the committed atrocity.

Handing over

A copy of the conclusion in which the person is accused of the committed act, together with all available attachments, is transmitted by the prosecutor to the alleged attacker. This is written in Art. 222 of the Code of Criminal Procedure.

In the event that the defender and the victim wish to receive copies of this procedural document, they must file a corresponding petition. The Prosecutor can not refuse to grant such a request to the said participants in the proceedings.

If the alleged intruder is kept in the remand center, a copy of the indictment must be handed to him by the administration of that institution on instructions from the official. A receipt that a person in the SIZO has received the specified procedural document is sent to the court.

If refused

Judicial practice is known cases when the alleged attacker did not want to receive a copy of the report, in which it was written that he was accused of committing an act. In such a situation, when sending a criminal case to a court, the prosecutor's office employee should indicate in the cover letter the reasons why the person refused to accept this procedural document. This is the law.

Sometimes it happens that the defendant does not receive a copy of the conclusion with all available applications, thereby delaying the process of considering the case by the authority. In addition, when a case is brought to court, the presiding judge must check whether the specified procedural document was handed to the person under investigation. If this did not happen, then the judge, at the request of the accused or his counsel, or on his own initiative, returns the case back to the prosecutor's office.

A comment

After the prosecutor approved the conclusion, in which it is written that the alleged attacker committed the act, the case is referred to the court. This rule is fixed in Art. 222 of the Code of Criminal Procedure. It is impossible not to agree with the comments to this article. Moreover, at the same time a copy of the above conclusion must be transferred to the accused. Other participants in the process are given this document only if they themselves petition for it.

In the event that the alleged intruder is held in the detention facility, a copy of the report is sent to him under the receipt of the SIZO administrations. This is done on the instructions of the prosecutor. This rule is fixed in Art. 222 of the Code of Criminal Procedure.

In the event that a person who is under investigation refused to give him a copy of an opinion stating that he is accused of committing a crime or evaded receipt of a procedural document, the case is forwarded to the judicial authority indicating the disrespectful reasons for the refusal.

Practice

A man committed theft of a very expensive smartphone. But he was detained by police officers in hot pursuit. Catch the intruder helped by CCTV cameras installed in the courtyard of the apartment building. The man confessed to the deed, and therefore the investigator left him at large on the promise not to leave the place before the trial.

At a time when a law enforcement officer summoned him to the department to hand a copy of the report in which it was written that the latter was accused of committing a crime, he simply did not come and did not disclose the reasons for his failure to appear. Thus, the person who is under investigation, violated the terms of the undertaking not to leave the place and was subjected to the drive. But he did not want to sign the acceptance of the procedural document.

Therefore, the prosecutor's office sent the case to the court without giving the latter a copy of the report (he wrote the reasons for his failure to hand over the defendant to the accused in the document itself). This rule is contained in Art. 222 of the Code of Criminal Procedure in a new version.

And despite the fact that the accused asked the court to return the case to the prosecutor, as the latter significantly violated his interests, this was not done. The meeting was held and the last one was sentenced to one year probation with a trial period of 6 months.

Important

The conclusion, in which it is written that the person under investigation is accused of committing a crime, is considered a special procedural document, necessary for the lawyer of the latter to be able to build his line of defense. After all, without this it will be simply impossible to help the defendant prove his innocence. Therefore, an experienced lawyer always knows that all the nuances and important points of the case are registered in the conclusion. And this means that you need to carefully read this procedural document before the meeting begins.