The procedure and time of inquiry

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2018-03-18 18:01:04

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Time of inquiry and order are of particular importance in the investigation of crimes. These positions are stipulated by the law and determine the framework within which to establish the truth as quickly as possible and more accurately. Precisely because these issues receive so much attention.

period of inquiry

What is inquiry

This type of activity currently define as an independent form of preliminary investigation undertaken by the appropriate officials, namely the interrogators. This is the most accurate and concise definition of inquiry, which, in turn, is also divided into some types.

It is crucial to see the difference between this activity as a form of inquiry and preliminary investigation. Significant difference – subjects actions. In the first case, interrogators, employees of bodies of inquiry, and the second - investigators, and delineate their respective powers.

Aims and objectives

The Main objectives of the inquiry are those stipulated in the criminal process, namely, the initiation of proceedings, the prompt disclosure of the crime, the arraignment, the prosecution, the hearing of evidence in court, the exemption - these are all important areas of law enforcement.

criminal procedure code

Speaking about the purpose of this activity: they are obvious and follow from the essence of the inquiry. Any actions of the employees of these agencies, as well as the investigation aims to achieve the most low-level crime and prevent its further development.

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In addition, you should always remember that goals and objectives are interrelated. From an accurate and fast implementation first determines the achievement of the second, this, in turn, creates a coordinated system of fight against crime and the conditions for its prevention. To do this often, or rather almost always the bodies of inquiry and investigation join forces and cooperate with each other.

The Bodies which carry out inquiry

The law enforcement System in the Russian Federation is very extensive. It includes a huge number of structures and substructures. But one must always distinguish between those bodies that can be done by studying the powers and activities.

The Criminal procedure code of the Russian Federation establishes a list describing all the structures which are entitled to perform enquiry and have a number of the necessary powers. These include internal Affairs bodies, bodies of state fire supervision, Federal service of police officers and chiefs of the military police. The list is exhaustive, as records law.

order and timing of the inquiry

In some cases, it may be influenced in this activity, for example, the Prosecutor extended the term of inquiry, and the investigation has not stopped. In addition, the code establishes exceptions in which other organs than those mentioned, can initiate criminal proceedings or to carry out urgent investigative actions.

Powers of investigators

To achieve certain goals and objectives the investigative bodies endowed with certain powers, which also establishes the code of criminal procedure of the Russian Federation. They imply the existence of a right to perform certain actions. This list is not exhaustive, and permits a wider range of investigators that does not restrict their work.

So, to the powers of inquiry include the following: initiation of criminal proceedings, carrying out urgent investigative activities, if required by the business, the conduct of the inquiry including those cases where a preliminary investigation is not required, and a number of other actions which are established by law. This clause explains that the list here is not exhaustive.

Types of inquiry

The Selection of multiple forms of inquiry is dependent on the necessary preliminary investigation. Other classifications are practically impossible to find, they are not affected neither by the period of inquiry, or his order. So basic and always used the division consists of two forms, namely, the inquiry with the obligatory preliminary investigation and inquiry, where it is optional.

article 223 of the CCP

This approach is applied depending on the type of case. Some of them do not require the intervention of the investigating authorities, accordingly, their involvement is not necessary, which greatly simplifies the work of the investigators, leaving everything solely under their control. The second option is the exact opposite. An example is the case where the necessary urgent investigative actions.

Time of inquiry

For accurate performance of this activity you should observe some rules and restrictions established by the law, otherwise there is a risk not to come to the desired result. Article 223 of the code of criminal procedure establishes the core of those moments, and it's time. The penal process pays the most attention to this issue, determining the time periods significant to the case.

The Activity of bodies of inquiry is made within thirty days from the moment a criminal case was initiated. Of course, it is possible to extend it to two months, and even up to six. However, all this should be done only on the grounds of the decision of the Prosecutor, independence in this issue investigators have not.

The Maximum period of inquiry, according to the norms of the criminal procedure law, – twelve months, though there were other cases of crossing over this figure. However, to extend the investigation for such a significant period of time, also requires the consent of the public Prosecutor, confirmed by the decree.

The Activity of bodies of inquiry is limited much more than the investigation. Questions regarding any procedural or investigative actions the staff of these structures is carried out under control of the supervisor or even the Prosecutor, which sometimes requires a lot of time.

the maximum period for inquiry

Possible suspension or resumption of the inquiry, if required. However, also make such a decision, the employee may not. The meaning of the foregoing is that investigators have certain powers and can freely exercise them within the limits established by law, but respecting some boundaries.

The Most important thing in proper order is the period of inquiry, referred to above. Its violation can lead to the fact that all employees actions will be meaningless and lose their power in the process of establishing the truth. That is why the order and timing of the inquiry is a very important inter-related elements.

Value inquiry

The Whole point of this form of implementation of the investigation lies in three very important points, fully reflects it. They define the essence of inquiry as an important element of the entire law enforcement activities, from a theoretical point of view. Though many scientists argue about this, it is still possible to identify the main, which will help to fully appreciate the importance of this activity.

Prosecutor extended the term of inquiry

So the first important aspect – the inevitability of punishment or liability. This is important because the truth is realized by obtaining reliable and proven facts. Second – the emergence of a new party, namely the defendant, which is important for the overall process. The third and last aspect – formation in the process of enquiry documents for the court, which is also important.

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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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