Article 145 of the Code of Criminal Procedure. Decisions made upon the consideration of a communication on a crime

On the basis of Article 145 of the Code of Criminal Procedure of the Russian Federation, the bodies of inquiry and investigation after a check on the reported crime committed commit a certain procedural decision.

Also, law enforcement officials canto pass information on what was done under investigation. If the reported crime is related to private prosecution, then it is transferred from the police to the world court. In addition, the commencement of proceedings may be refused. This is allowed in the event that during the verification of the reported crime, there was no reason to open a preliminary investigation. A criminal case can be instituted only according to the rules prescribed in the Criminal Procedure Code.

the main thing

When good citizens facefacts of violation of the law, they have to seek help from law enforcement agencies. Typically, this happens by applying to the police. Nevertheless, it is impossible to know in advance about what will be the reaction of law enforcement officials to the incoming message. Therefore here in the work enters art. 145 of the Code of Criminal Procedure. It is only on the basis of this article that the investigator, the investigator or their immediate supervisors can take a procedural decision.

Actions

In accordance with the norms of the CPC,specified in Part 1 of Art. 145 of the Code of Criminal Procedure, are obliged to accept and conduct an audit of any information that has been received about a crime that is being prepared or committed. They can do this only within their authority. The final procedural decision on the report on the crime must be prepared by the investigator, investigator or heads of the bodies of preliminary investigation or inquiry within a period not later than 3 days from the moment of acceptance of the information from the citizen. Although, if necessary, this period can be extended.

During the implementation of the preliminaryprocedural measures officials have the right to conduct documentary checks, involve various specialists, investigate all available evidence, take the necessary explanations.

Initiation of the case

The specified procedural decision is adoptedofficers of law enforcement bodies after the report on the crime is considered. This rule is fixed in Art. 145 of the Code of Criminal Procedure. Of course, to open a criminal case it is necessary to have an excuse and reason. As a rule, if a citizen wrote a statement about committing a crime to the police, then the investigators and investigators check the reliability of the information. If the officials, after conducting an appropriate check, see signs of an offense, they initiate the case and begin to conduct a preliminary investigation.

Very often in practice it happens thatcitizens inform the police about the committed atrocity, which in fact was not. So, do not do this. Because for a false denunciation of the law enforcement agencies provided for liability in Article 306 of the Criminal Code.

Renouncement

It is impossible to know in advance what will happenthe response of law enforcement officers to the reported message about the atrocity committed. Yes, on the basis of the current CPC they are obliged to conduct an audit. But in the event that information about the deed is not confirmed, the official will decide on refusing to open the case. In practice, this happens quite often.

The current CCP says that it is impossible to initiate proceedings in several cases:

- in connection with the absence of an event of committing a crime;

- there is no crime;

- A person who needed to be involved as a suspect died;

- the period of limitation of the deed has expired;

- there is no statement from the affected party (when it is not possible to initiate a preliminary investigation without written request).

In the event that law enforcement officers are simplyinactivity or delay with the end of the audit and the issuance of an appropriate procedural decision, you can appeal to the prosecutor and the court. Thus, Art. 145 of the Code of Criminal Procedure indicates that the investigator or the investigator may refuse to open the case after verifying the report of the crime, but only on the grounds that are fixed in the law.

Transmitted under the jurisdiction

All citizens of our state reportcommitting crimes only to the police. Nevertheless, according to the current legislation, ATS can not always take upon itself the obligation to disclose crimes. This is due to the fact that each body of the law enforcement system has its own jurisdiction. So, for example, cases of murder are investigated only by the employees of the Investigative Committee, while non-payment of alimony is carried out by bailiffs' inquiries.

That's why, according to Art. 145 of the Code of Criminal Procedure of the Russian Federation, investigators and investigators have the opportunity to transmit a communication about the act committed to that body whose competence includes the disclosure of a specific crime. This is done only after the information received passes the necessary verification. All disputes about the investigation are resolved by the prosecutor.

To court

As it was already written earlier, investigators andinvestigators after consideration of the reported crime report take a certain procedural decision. The law provides for this in art. 145 of the Code of Criminal Procedure. Reports of the acts of private accusations are submitted to the world court for examination.

Nuances

After the communication about the crime will bethe applicant is notified of the results of the decision taken in relation to him. This is indicated by the norm of Article 145 of the CCP RF. In addition, the applicant is explained the law and the procedure for appealing against the procedural decision.

Important

In the event that the message about thecrime is transferred for consideration to another authority, investigator, investigator, as well as their leaders, take measures to preserve the traces of the deed. This rule is spelled out in Article 145 of the Code of Criminal Procedure.

The procedure established by law

When you receive a message about thethe committed investigative and investigative authorities must accept it and carry out the necessary procedural measures. This is mentioned in art. 144, 145 of the Code of Criminal Procedure. What does this check include? At the time of acceptance of the application, a person is issued a document stating the time and data of the employee. Persons who participate in the conduct of procedural actions are explained their rights about the possibility not to testify against themselves and close people.

In the event that law enforcement agencies do nottake a person's message about the atrocity, the latter can appeal against a refusal to the court or the prosecutor. All actions of law enforcement officers on the information received are fixed in art. 144, 145 of the Code of Criminal Procedure, which once again confirms that the investigation and inquiry should react to any signals about the committed acts.

A comment

Decisions that are made after a detailedThe investigation of the communication about the committed act is recorded in Art. 145 of the Code of Criminal Procedure. The commentary to this article also confirms this. After all, only the bodies of inquiry and investigation are authorized to carry out activities aimed at the detection of crimes. Nevertheless, each of them has its own competence. Therefore, if the communication about the committed act relates to the case of a private prosecution, then it is sent to the magistrate. This is mentioned in the norms of the Code of Criminal Procedure.

The applicant should be notified of the results of the consideration of the communication about the criminal act. The latter is also explained his rights to appeal against the decision.

The result

After all of the above, you can dothe logical conclusion that only the bodies of inquiry and investigation can engage in the initial verification of the incoming signal about a committed or planned atrocity. Then they pass the materials of the work done to other competent institutions.

Very often in practice, it also happens thatpeople first report to the police information about the atrocity committed, and then refuse their reports. So, by law, such actions are prohibited. After all, instead of dealing with the disclosure and investigation of really committed acts and searching for a criminal, law enforcement officers investigate the false information that has been received. And it takes a lot of time and effort.

Your questions

Not all citizens have knowledge in the field ofof the law. It is for this reason that many of them are interested in the question of when law enforcement officers use article 145 of the Code of Criminal Procedure of the Russian Federation. What does this code mean? So, everyone needs to know that when receiving any phone call, a statement about a committed or preparing crime, law enforcement officers are required to verify the information indicated by a person. This is the work of these officials. Based on the results of the inspection, the investigator or investigator makes a procedural decision. This is exactly what is written in Art. 145 of the Code of Criminal Procedure. Which means that in the initiation of cases may refuse or, conversely, start a preliminary investigation (if, of course, information about the deed is confirmed). Also, officials transmit a message to those competent authorities that need to investigate the message received.