LawCriminal law

Investigative actions

Investigative actions are the ways of collecting, fixing and verifying evidence, fixed in legislation and provided by the possibility of using state enforcement measures. The CPC contains a list of such methods, which is exhaustive. In particular, it fixes investigative actions, which are the source of evidence. These include:

  • Inspection (housing, premises, vehicles, an object or thing). It is used to detect physical evidence at the scene, individual features of things, fixation of the situation, etc .;
  • Investigatory experiment (necessary in order to reproduce the "picture of what happened", to establish the possibility of committing a crime by a specific person, etc.);
  • Examination (used to establish the condition in which the person was, for example, narcotic or alcoholic intoxication, and also when bodily injury is used to determine the severity level, etc.);
  • Search (most often used at the place of residence, as well as in other premises and legal possessions of the suspect or accused person to detect stolen items and items that are prohibited for free circulation);
  • Control of negotiations (necessary for fixing preparation for a crime, for its suppression, and also for determining the location of a person in case of his search);
  • A seizure (used in cases where it is known where the item to be seized is located.) Investigative actions such as conducting a search and seizure are necessary to remove items of significant importance for investigation);
  • Arrest of correspondence (as a rule, it is used in case of person's search);
  • Interrogation (one of the main actions required in the investigation of absolutely any criminal case.) A witness, an expert, a suspect, an accused can be interrogated, this is the main source of obtaining the necessary information);
  • Identification of the person (either the person who committed the crime or the thing that matters, for example, if he was kidnapped.) Three or more persons or an object are to be identified, the identifying person (the victim, the witness) must justify what signs he or she recognized subject);
  • Confrontation (interrogation, confrontation) is often necessary, since accused persons do not always want to admit their guilt;
  • Verification of evidence on the spot (the suspect in the presence of witnesses visits the scene and tells how he committed the crime, for example, how he entered the house, what situation in the house where he found the stolen, etc. This helps to completely restore the whole "chain of events" , And also to exclude the possibility of self-incrimination of a suspect if he decided to take on someone else's crime;
  • Expertise (there are many varieties: fingerprint, tracological, handwriting, biological, etc. All of them are designed to establish certain circumstances);
  • Exhumation of the corpse (necessary to establish the causes of death).

The general rules for the production of investigative actions are a set of norms set forth in the Code of Criminal Procedure and regulating the conditions and procedure for their conduct, as well as the measures to guarantee their production. The main condition, as a rule, is the presence of an excited criminal case. However, this is not necessarily in all cases. For example, to determine the presence of the composition before the case is opened, the scene of the incident can be inspected.

In the legislation there is a notion of "urgent investigative actions". They are carried out by the body of inquiry from the moment of initiation of the case, the preliminary investigation of which is mandatory, within 10 days. Such cases are necessary to consolidate evidence that may be lost in the future. These include the inspection of the scene of the incident, the carrying out of examinations, examination, witness interrogations, search, etc.

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