Criminal procedural form: concept, types, meaning

The criminal procedural form, the concept and meaning of which will be discussed in detail in the article, is one of the legal models of state activity. It is in it expresses the features and stages of the investigation and proceedings in the case.

Criminal procedural form: concept and meaning

The model in question includes a set of detailed conditions for the commission, the sequence and rules for the execution of actions that are carried out during the proceedings in the case. In this form, the structure of the criminal process itself and its individual stages are fixed. The relevant regulations establish the procedure for the proceedings in the case. In particular, the sequence of stages is formulated, the conditions for the transition of the case from one stage to another. In addition, the factors that characterize the proceedings at a particular level, the grounds, the procedure and the circumstances under which certain measures are taken are determined, the essence of decisions that can be taken. The concept of criminal procedure takes a key place in science. Its importance is due both directly to the essence of the consideration of the case, and the principles by which it is conducted. The proper procedure for implementing measures ensures correct and timely application of the provisions of the Criminal Code to the subjects who committed the crime. Criminal procedural forms and guarantees are designed to promote the identification of truth, ensure compliance with legally protected interests of participants in the case.

Discussions on the problem

It should be said that the criminal procedural form itself, the concept, the types of this model - all this has always been the subject of disputes among scientists. Every scientist adheres to his own view of the problem. In particular, Cheltsov said that the procedural form in the criminal process appears as the established procedure for the implementation of individual actions or their totality. Rakhunov, in turn, believed that this model represented precisely regulated rules of the relevant activity. According to Strogovich, the forms of the criminal procedure law are a set of conditions established by law for the commission by the authorized bodies of actions by which they perform their functions in the framework of investigation and resolution of cases. He also believed that this model applies to citizens who participate in the proceedings. This set of conditions, according to Strogovich, is necessary for the performance by the actors of those actions by which they exercise their rights and fulfill their duties. Shpilev believed that the most appropriate definition of the category in question would be that which covers not only the set of conditions, but also their sequence. The matter is about the procedure for consolidating and formalizing the actions themselves, the terms in which they are committed.

Intermediate conclusions

The point of view expressed by Cheltsov is not entirely correct. In his opinion, the criminal procedural form can be established only for specific activities (for example, for a search or interrogation) or to their complex (for a separate stage of the proceedings). In this case, the category in question refers to all activities in the investigation and trial proceedings. All measures that need to be carried out express the historical content of the criminal procedural form. The activity in this case consists in the consistent implementation of all the stages prescribed by law. More detailed can be called the definition in the works of Strogovich. Here it should be noted that the author fairly extended the procedure to authorized bodies (court, prosecutor's office, investigative department) and other actors involved in the proceedings. This can be proved by a practical example. So, both the suspect, the victim, and even the accused, like the other parties in the process, exercise their rights. This is done through the filing of complaints, petitions, familiarization with the case materials. Realization of rights in this case occurs in a manner strictly regulated by law. Together with this it is necessary to say that Strogovich went along the same path as Cheltsov. In his opinion, the criminal procedural form is established only for individual actions, and not for their complex as a whole.

Brief analysis of modern publications

A study of legal literature shows that scientists have not been able to develop a unified approach to clarifying the concept. Thus, for example, Petrukhin believes that the criminal procedure form is the established procedure for investigating crimes and proceedings in authorized bodies. The author represents the category as a complex of general, most significant conditions that activity must correspond to. This is how the goals set for judicial proceedings will be achieved. Kuznetsov considered the category as a fixed structure of the whole complex of actions and individual stages, the order and sequence of implementation of activities. This definition seems more complete. But in it the meaning of the criminal procedural form is not fully disclosed. In particular, the author indicates only actions that are carried out only by authorized entities and are fixed in regulatory enactments. However, as noted by Stroginov, the procedural form is envisaged for the realization of the rights and obligations of other participants in the investigation and legal proceedings. This moment became especially important after the adoption of the new CCP. In the Code, the legislator explains in great detail the procedure for the exercise of rights by the defender, the suspect, the accused, the victim and other participants in the case.

Main features

The above definitions of different authors have both disadvantages and advantages. However, in none of them are the signs that the elements of the criminal procedural form possess:

1. Obligation.
2. The universality.
3. Unity.

A number of authors disclose these criteria separately from the definition, other scientists do not mention them at all.

Universality

This sign is understood as a requirement that provides for a single order of production for a particular category of cases. At the same time, it does not depend on the complexity or volume of the submitted materials. In the legislation differentiation of the criminal procedural form is carried out for a number of reasons. They include:

• Qualification of the crime.
• The presence of a petition from the accused to consider the case in a special order.
• The presence of a special subject, etc.

The actual grounds, such as the method, place, time of committing the act, the number of episodes, the number of persons being held accountable and a number of others do not affect the procedure for the investigation and trial of the case fixed in legislation.

Unity

The procedural form in criminal proceedings extends to the entire territory of Russia. This is the unity of the category for all the subjects of the country. This provision is conditioned by the fact that under the Constitution the criminal process is in the sphere of federal jurisdiction. This is established in clause "o" of Article 71 of the Basic Law. In this regard, the legislator has determined that the procedure for investigation and prosecution is established exclusively in the Criminal Procedure Code. It is mandatory for all participants in the case. Unification of the criminal procedural form completely excludes the possibility of establishing by the bodies of regional or local authorities of its own order, different from the federal one.

Compulsory

This criterion indicates the exact and rigorous execution of the prescriptions by the participants in the case, which establishes the criminal procedural form. This provision acts as an inalienable condition for the legality of the investigation and the proceedings. Violations of the prescribed regulations result in corresponding consequences. In particular, the results obtained during these or those events lose their legal significance. For example, if the criminal procedural form envisaged for gathering evidence is not observed, then the materials will be recognized as inadmissible. This, in turn, serves as the basis for the cancellation or change of the decision in the appellate instance.

Components

In accordance with the above material, it can be said that the criminal procedure is a mandatory, unified and universal procedure for:

1. Implementation of individual stages of investigation and proceedings.
2. Production in the case as a whole.
3. Implementation of specific actions and decision-making by authorized bodies and officials.
4. Realization of rights and duties by participants in the case.

The last two components of the activity, in their essence, act as forms of realization of certain criminal procedural relations.

Specificity

The differentiation of the criminal procedural form is conditioned by the peculiarities of the tasks that are solved within the framework of the investigation and proceedings in cases. Specificity of activities is manifested in the complexity and detail of the established order. Within the framework of the case, all the circumstances must be identified, the necessary conditions are created to preserve the legitimate interests of its participants, the validity and legality of the measures and decisions taken are ensured. Criminal procedural forms and guarantees of the rights of subjects, therefore, are closely interrelated. To ensure compliance with legislative requirements, it is provided for the case to pass through the stages. Each stage assumes its own form of production. This, in turn, corresponds to the task of a specific stage and allows to verify the legality of actions and decisions that have been implemented or taken earlier. Admissibility of evidence is ensured by observing the procedure for collecting them and fixing them in relevant documents. Violation of established requirements deprives materials of legal force. The criminal procedural form can have features depending on the category of cases. For example, a special procedure is established for a private prosecution, for crimes involving subjects who are minors.

Basis of application

The content of the procedural form is determined by including in its structure the conditions for performing certain actions. Along with this, the grounds for carrying out certain activities are also established. Under the conditions in this case, it is necessary to understand the rules under which judicial and investigative actions are carried out. The grounds act as decisions. They must be taken to perform certain activities. For example, a common ground is the direct initiation of criminal proceedings. Only after the adoption of this decision, it becomes possible to carry out investigative actions (except for the inspection of the crime scene). Judicial sanctions can also be considered grounds. In some cases, they are necessary to carry out investigative measures.

Principles

The procedural form acts as a way to implement legality in the activities of authorized bodies and officials. The conditions for initiating the case, the procedure for carrying out the measures are strictly regulated by the legislation. The application of the procedural form is based on the following principles:

1. Compliance with the requirements of morality. The procedural form has an educational value.
2. Compliance with the established procedure ensures the protection of the rights and interests of the participants in the case.
3. The procedural form has a unity, which, however, does not exclude its differentiation under certain circumstances and in particular.
4. Steady and strict adherence to the rules acts as a necessary condition for legal investigation, trial of the case on the merits, revealing the truth.

Differentiation of the criminal procedural form

This problem is currently of great interest in the scientific community. It is caused by two factors. One of them concerns attempts to further improve the legislation and the category in question. This, of course, will be facilitated by the differentiation of the procedural form. According to some authors, the opposite approach, consisting in the generalization of all cases in all instances, is unlikely to allow improving existing rules and procedures. The second factor stems from the liberalization of criminal proceedings. This, in turn, is due to the strengthening of dispositive and the weakening of public principles. In practice, there are no objective obstacles to the introduction of various, including simplified procedures, within the framework of the investigation and trial. At the same time, an analysis of some works related to the investigation of these issues shows that authors usually attempt to separate criminal procedural forms at a general level. Scientists mean the allocation of special orders in all activities in general or its large sections. Thus, some researchers point out that as one of the signs of an independent type of legal proceedings is its complexity - the presence of specific features in the work of law enforcement agencies at all or at least some stages of the process. According to this position, it is possible to divide all activities into general and different special orders. To special rules, for example, it is possible to carry manufactures:

• With the participation of minors;
• With the use of compulsory medical measures and so on.

It is also possible to differentiate large sections of the process (for example, legal proceedings or pre-trial proceedings).

Realization of legal relations

The forms in which it is carried out are conditioned by the content and nature of the interactions. The legislation establishes a specific procedure for performing each action and making a decision. The rules are determined by the sequence of execution of certain behavioral acts, timing, specifics of documentation, and so on. Judicial and investigative actions have their own varieties. For example, an interrogation, a seizure, a search, an inspection, an examination, an examination of the case materials and so on are allotted. The order of making certain decisions is also differentiated. For example, the involvement of the subject as an accused, initiation of a case, the appointment of a hearing, etc. The legislation provides for the separation of forms of participation in the process of organizations and individuals. They can file petitions, appeal decisions or actions / omissions of authorized persons and so on.

Exercise of authority

The procedural forms are divided depending on the subject composition. In particular, the activities are carried out:

• The Party of Accusation.
• The court.
• The Party of protection.

The activities of the court are carried out in forms of control and justice. The prosecution party implements the powers of prosecution. It can be carried out in private, public-private or public order. In addition, the legislation provides for a procedural form of prosecutor's supervision. Controlled, in particular, the activities of the bodies of preliminary investigation and inquiry. The lawyer, the accused / suspect, as well as other participants in the process, fulfill their duties and exercise their rights in the form of protection against harassment. It should be noted that this activity currently does not have a clear regulation in the legislation.