Investigative actions before initiating a criminal case. What investigative actions can be carried out before a criminal case is initiated. Carrying out investigative actions before initiating a criminal case

1. The concept and types of investigative actions.

2. Detention of the suspect.

3. Interrogation of the witness and the victim.

4. Confrontation.

5. Presentation for identification.

6. Inspection and certification.

7. Search and seizure.

8. Expertise.

9. Investigative experiment.

10. Verification of testimony at the scene.

Since the main content of the investigation in a criminal case is criminal procedural proof, the activities of the investigator and the person conducting the inquiry are of an active cognitive nature.

The activities of the investigator proceed in a certain procedural form, deviation from which entails the recognition of decisions as invalid, and evidence as inadmissible.

The main form of criminal procedural activity of the investigator is the production of investigative actions.

investigative action- this is a procedural action carried out by the investigator, the body of inquiry or the prosecutor in accordance with the requirements of the criminal procedure law, aimed at discovering and fixing the factual data that are important for establishing the circumstances of the criminal case.

Three features underlie the allocation of investigative actions into an independent class:

the cognitive nature of this activity of the investigator and other persons authorized by law;

the implementation of this activity at the stage of preliminary investigation or in the investigation of newly discovered circumstances;

the presence in the procedural law of regulation that determines the procedure for the discovery, research, fixation and seizure of evidence.

As a rule, investigative actions are divided into two groups:

investigative actions aimed at collecting evidence (inspection, search, seizure, etc.);

investigative actions aimed at ensuring the rights of persons participating in the case (for example, explaining the rights to the accused, familiarizing the victim with all the materials of the case, etc.).

In this topic, we will consider only the investigative actions of the first group, which includes:

1. Detention of a suspect;

2. Interrogation;

3. confrontation;

4. Presentation for identification;

5. Inspection;

6. Survey;

8. Notch;

9. Expertise;

10. Investigative experiment.

11. Checking the readings on the spot.

General rules carrying out investigative actions:

Investigative actions carried out only after the initiation of a criminal case , with the exception of the inspection of the scene (Article 178 of the Code of Criminal Procedure).

All investigative actions are carried out only if there are factual and legal (procedural) grounds.

The factual grounds are a set of factual data confirming the possibility and necessity of performing this investigative action in this criminal case.

Legal grounds - the totality of the powers of a given person to perform a given investigative action in a given criminal case.

Sometimes the decision to conduct an investigative action is clothed in the form of a decision (search), and sometimes in the form of a protocol (detention of a suspect).

When performing a number of investigative actions, it is required presence of attesting witnesses (search, examination, seizure, examination, investigative experiment, presentation for identification).

During the investigation, it is possible application of scientific and technical means and tools , which must be announced to all its participants before the start of the investigative action.

During the course of the investigation, it is possible participation of a specialist who assists in its implementation using special knowledge and skills, as well as translator, teacher, advocate, representative.

Based on the results of the investigation, a protocol , i.e. a written document that has a certain form and fixes the fact, content and results of an investigative action (Article 141 of the Code of Criminal Procedure).

A responsibility for the timeliness, legality and validity of the production of investigative actions assigned to the person conducting the investigation. on a criminal case.

Article 22 of the Constitution of the Russian Federation states: "Everyone has the right to freedom and personal inviolability. Arrest, detention and detention are allowed only by a court decision. Prior to a court decision, a person cannot be detained for a period of more than 48 hours." But this norm is declarative and perspective. At the moment, detentions can last up to 72 hours(Article 122 of the Code of Criminal Procedure).

The detention of a suspect must be distinguished from the following related legal actions:

detention;

administrative detention and administrative arrest;

disciplinary arrest of servicemen;

physical detention (physical capture).

The legal basis for the detention of a suspect is Art. 22 of the Constitution of the Russian Federation, art. 11, 87, 119, 122 Code of Criminal Procedure, art. 1-7, 11-13, 15-51 of the Federal Law "On the detention of suspects and accused of committing a crime."

Goals suspect's arrest:

clarification of the detainee's involvement in the crime;

resolution of the issue of applying to this person a preventive measure in the form of detention.

Terms suspect's arrest:

carried out only within the framework of an initiated criminal case;

detention may be subjected only to a person suspected of committing a crime for which a sentence of imprisonment may be imposed;

possible only if there are grounds specifically provided for by law.

Foundations for the detention of a suspect are listed in Art. 122 of the Code of Criminal Procedure and are divided into 4 groups:

1) when a person is caught committing a crime or immediately after committing it;

2) when eyewitnesses, including victims, directly point to this person as having committed a crime;

3) when clear traces of a crime are found on the suspect or on his clothes, with him or in his home;

4) when there are other data that give grounds to suspect a person of committing a crime, provided that this person attempted to escape or does not have a permanent place of residence, or when the identity of the suspect has not been established.

Even in the presence of achieved goals, existing conditions and grounds, the investigator has the right, but not the obligation to apply detention. The role of the decisive factor is played motives suspect's arrest:

the need to stop the criminal activity of the suspect;

the need to obstruct his attempts to obstruct the establishment of the truth in the case;

prevention of the suspect's evasion of responsibility.

Detention is carried out on the basis of a protocol, detention, which is drawn up by the investigator or the body of inquiry. The person conducting the inquiry, without the approval of the body of inquiry, does not have the right to draw up such a protocol!

When detaining a person as a suspect, the sanction of the prosecutor is not required, but he is notified in writing of the detention within 24 hours.

So, detention of a suspect- this is an urgent investigative action, which consists in the short-term imprisonment of a person suspected of committing a crime, for which a sentence of imprisonment may be imposed, carried out if there are grounds and motives established by law, in the appropriate manner, by virtue of urgency, without the sanction of the prosecutor and court decision.

All the rights and obligations inherent in the interrogation of a witness belong to the victim, whose interrogation, however, has some peculiarities.

Interrogation of a witness- this is an urgent investigative action, during the production of which the investigator, the body of inquiry or the prosecutor, in the form established by the criminal procedure law, receives oral testimony of a certain person about the circumstances known to him, to be established in a criminal case, and record the information received in the appropriate protocol.

Legal basis: art. 141, 142, 155-161 Code of Criminal Procedure.

Factual grounds interrogation of a witness is information that a person may know any information about the circumstances of the case. This information can be obtained from both procedural and non-procedural sources.

Legal grounds interrogation of a witness is the authority of a person to conduct this interrogation in a given criminal case, as well as calling a person as a witness and inviting him to tell everything known in this case.

Target interrogation of a witness - to obtain truthful testimony from a person about the circumstances that took place in reality.

The witness is interrogated, as a rule, at the place where the preliminary investigation is conducted. There are two options for the place of interrogation of a witness:

in the premises of a law enforcement agency;

at the location of the witness.

Witnesses and victims are summoned for interrogation by summons, telegram or telephone message.

A subpoena is a written call to a law enforcement agency for the production of an investigative action. It is handed against receipt to the summoned person, adult members of his family or representatives of the local administration. The receipt on delivery of the summons is returned to the investigator.

The call of a minor, as a rule, is made through relatives or persons replacing them. If a witness or victim fails to appear without a valid reason, he may be brought to court (part 2, article 3 and part 3, article 75 of the Code of Criminal Procedure).

A decision is issued on the production of a drive, which, as a rule, is executed by the police.

Valid reasons for non-attendance:

an illness that makes it impossible to appear;

late receipt of the summons;

other circumstances that make it impossible to appear.

The court has the right to subject an unscrupulous witness to a pecuniary penalty.

Witnesses in one criminal case shall be interrogated separately and in the absence of each other. The investigator is obliged to take measures so that such witnesses cannot communicate with each other.

Algorithm interrogation of a witness:

the investigator verifies the identity of the witness and checks the documents;

the witness is explained on what criminal case and in connection with what he was summoned for interrogation;

according to the words of the witness and the documents presented, the questionnaire part of the protocol of interrogation is filled;

the rights and obligations of the witness are explained;

the witness against receipt is warned of criminal liability under Art. 308 and 307 of the Criminal Code of the Russian Federation for refusing to testify and for giving knowingly false testimony;

the issue of admission of an interpreter or legal representative is resolved;

the witness is invited to tell everything known to him in the case;

if necessary, the witness is asked questions, and leading questions are not allowed;

the content of the protocol of interrogation is drawn up, the testimony of the witness is recorded either by the investigator in the first person in the order of a coherent story, or, if there is an appropriate request, by the witness himself;

at the end of the interrogation, the witness gets acquainted with the record of the interrogation by personal reading; at the request of the witness, the record may be read aloud to him;

the witness has the right to demand additions and amendments to the protocol; in the absence of such, he makes a note in his own hand about familiarization with the protocol and signs it; if the protocol consists of several sheets, the witness shall sign each sheet;

The last protocol is signed by the investigator.

When interrogating a victim, the same rules apply as when interrogating a witness, but it should be borne in mind that the rights of the victim are wider than the rights of the witness.

When interrogating a minor witness or victim of criminal liability, he is not warned. He is only explained his duty and obligation to give truthful testimony.

When interrogating a witness under the age of 14 years, the participation of a teacher is mandatory, from 14 to 16 years old - a teacher can be admitted at the discretion of the investigator. If necessary, during the interrogation of a minor witness, his parents or persons replacing them may be present.

Confrontation is a combined interrogation of 2 previously interrogated persons, in whose testimony there are significant contradictions, by alternately presenting them with questions about the same circumstances in order to clarify the causes of the contradictions and obtain truthful testimony from both persons.

Legal basis of confrontation: art. 162, 163 Code of Criminal Procedure.

A witness, victim, suspect, accused in any combination can be interrogated by confrontation. Target confrontation - elimination of contradictions.

Factual grounds confrontation - the presence of significant contradictions in the testimony of the interrogated persons. Legal grounds confrontation - the authority of a person to conduct a confrontation in a given case, summon persons and put questions before them.

Procedural order confrontation:

the investigator verifies the identity of both participants and establishes their legal status;

the rights and obligations of the participants in the confrontation are explained, if necessary, they are warned about their responsibility;

it turns out whether the participants know each other and in what relationship they are;

it is proposed to testify in turn about the circumstances containing contradictions;

after hearing the testimony, the investigator has the right to ask additional questions;

with the permission of the investigator, the participants in the confrontation have the right to ask questions to each other, which the investigator may answer with an indication of this in the protocol;

in the protocol of confrontation, which is drawn up and drawn up according to the general rules of the protocol of interrogation, the participants sign not only each sheet, but also each of their answers.

presentation for identification- this is an investigative action in the course of which the investigator offers any object to any of the previously interrogated persons in order to establish whether they can recognize and identify this object according to the signs about which they previously testified.

The legal basis for this investigative action: Art. 87, 164-166 Code of Criminal Procedure.

Factual and legal grounds presentation for identification - the same as during interrogation.

Kinds presentation for identification:

identification of living people;

photo identification;

identification of other living beings;

identification of objects;

corpse identification.

Procedural order presentation for identification:

1. During the interrogation preceding the identification, it must be established where, when, under what circumstances, how long, under what lighting, at what distance the identifying object to be identified was observed, what are its signs and features.

2. The total number of persons presented for identification must be at least three. The similarity in appearance should be manifested in the fact that all presented persons must be of the same sex, not have a sharp difference in height, physique, clothing, etc. The object is presented for identification in a group of homogeneous objects that have the same generic and specific characteristics. Only the corpse is presented for identification in the singular.

3. If the identifying person is a witness or a victim, they are warned about criminal liability for evasion from testifying and for giving knowingly false evidence.

4. During the presentation for identification, the identifying person is invited to indicate the person, object or other object about which he testified, and list the specific features by which he identified him. Leading questions are not allowed.

5. In the course of identification, scientific and technical means (photo, video, sound recording, etc.) may be used.

6. Presentation for identification is made in the presence of attesting witnesses.

7. A protocol is drawn up on the presentation for identification, which is signed by the investigator, the identifying person, witnesses, and when people are presented for identification, by the person being identified and the persons who were presented together with him. The testimony of the identifying person, if possible, is stated verbatim.

8. Re-presentation for identification, as a rule, is not allowed.

Inspection- this is an urgent investigative action for the direct discovery, perception and research by the person conducting the inquiry, the investigator or the prosecutor of objects relevant to the case, their signs, condition and relative position.

Legal basis for inspection: art. 87, 174, 178-182 Code of Criminal Procedure.

Factual grounds- this is any factual data obtained from both procedural and non-procedural sources, indicating the possibility and necessity of conducting a specific type of examination in this criminal case.

Legal grounds- only the authority of a person to perform a specific type of inspection in a given criminal case, a decision to conduct an inspection is not required.

Goals inspection: detection of traces of a crime and other material evidence, identification of the situation of the incident, as well as other circumstances relevant to the case.

Kinds inspection:

inspection of the scene of the incident (a procedural feature of this type of inspection is that it can be carried out both within the framework of an initiated criminal case and before its initiation);

external examination of the corpse at the place of its discovery (a procedural feature of this type of examination is the mandatory participation of a specialist in the field of medicine);

examination of objects;

examination of documents;

inspection of the area and premises that are not the scene of the incident.

Procedural order inspection:

1. An inspection is always carried out by the investigator personally and directly. Information obtained by the investigator outside the examination cannot be recorded in his protocol.

2. At least two attesting witnesses must participate in the inspection.

3. At the discretion of the investigator, a specialist, expert, translator, defense counsel, teacher, legal representative, witness, victim, suspect, accused may participate in the examination.

4. During the inspection, any actions may be performed aimed at examining objects and documents, searching for traces of a crime and material evidence.

5. During the inspection, the investigator has the right to seize any items and documents related to the case or to seize their fragments, as well as to make copies.

6. During the inspection, scientific and technical means and tools may be used, which must be announced to all participants in the inspection before it begins.

7. During the inspection, a protocol is drawn up in accordance with the requirements of Art. 141 Code of Criminal Procedure.

Certification- this is an urgent investigative action, the content of which is the examination of the body of a living person in the absence of grounds for the production of a forensic medical examination.

The law defined a special procedural order its implementation:

examination is carried out only in relation to the accused, suspect, witness or victim;

it is carried out only to establish on the body of these persons traces of a crime or the presence of special signs (if this does not require the production of a forensic medical examination);

the resolution on the conduct of the survey is binding on the person in respect of whom it was issued;

in the course of the examination, actions degrading the dignity or dangerous to the health of the person being examined are not allowed;

if the examination is accompanied by the exposure of the person being examined, the investigator and attesting witnesses must be of the same sex, otherwise the examination is carried out by a doctor, and the participation of a doctor as a specialist is also possible.

Search- this is an urgent investigative action, the content of which is a forced examination of premises and structures, areas of the terrain or individual citizens in order to find and seize objects and documents relevant to the case, as well as to detect wanted persons and corpses.

Legal basis: Art. 25 of the Constitution of the Russian Federation, art. 87, 168-179, as well as 176, 177 of the Code of Criminal Procedure.

Factual grounds- this is any factual data obtained only in a procedural way. From these factual data, the conclusion should follow that in some room or place, or in some person, there may be instruments of crime, objects and values ​​obtained by criminal means, as well as objects and documents relevant to the case.

Legal grounds- this is the authority of a person to conduct an examination, as well as a reasoned decision of the investigator, sanctioned by the prosecutor, or a court decision.

A search in urgent cases may be carried out without the sanction of the prosecutor, but with the obligatory written notification of the search in time. no more than 24 hours since its completion. The decision to conduct a search is issued in this case too.

Kinds search:

search in the premises occupied by an individual citizen (dwelling);

search in the premises occupied by the enterprise;

search of areas of the area;

personal search;

search of vehicles.

Persons participating in the search:

investigator or other person performing his functions;

at least two witnesses;

any persons in various combinations from among the possible participants in the examination;

searched himself;

adult members of his family;

representatives of the enterprise or housing and communal department (management).

Procedural order search:

1. The investigator presents the searched person with a resolution on the conduct of the search, which the latter gets acquainted with upon signature.

2. The investigator proposes to voluntarily hand over items and documents relevant to the case, as well as items and documents seized from civil circulation, located in the searched premises. In the event that these items and documents are given out, the investigator has the right to refuse further conduct of the search, indicating this in the protocol drawn up.

3. In case of refusal, the investigator searches all the premises and persons indicated in the decision.

4. The person conducting the search must check all persons who are in the searched premises and arrived during the search, find out their identities and motives for their arrival.

5. The investigator has the right to prohibit these persons from leaving the premises in which the search is being carried out, and also communicate with each other until the end of the search.

6. If there are sufficient data giving grounds to believe that a person who is in the premises where the search is being carried out is hiding objects or documents that are important for the case, he may be subjected to a personal search.

7. The investigator has the right to open the locked premises and storehouses if the owner refuses to do so. In this case, unnecessary damage should be avoided.

8. The investigator is obliged to take measures to ensure that the information found during the search constituting a state secret, as well as information about the circumstances of the intimate life of the searched person and other persons, are not disclosed.

excavation- this is an investigative action, consisting in the seizure of individually defined items and documents that are relevant to the case, if it is known exactly where and from whom they are located.

These items and documents may be issued voluntarily or forcibly withdrawn. If this requires a forced examination of residential or non-residential premises in which objects subject to seizure are stored, a search must be carried out.

Seizure of objects and documents also occurs during a search or inspection, but in these cases, the seizure is not an independent investigative action, but an integral part of the search or inspection.

Factual grounds- information about the objects of seizure, which are available in the case file. Legal grounds- a reasoned decision issued by the investigator in charge of the criminal case. The seizure of postal and telegraph correspondence and documents containing information that is a state secret requires the sanction of the prosecutor.

Expertise- this is a study carried out by an expert on certain circumstances or issues that require special knowledge in science, technology, art or craft.

The issue of appointing an examination is decided by the investigator, however, in a number of cases (Article 79 of the Code of Criminal Procedure), the appointment of an examination is mandatory:

1) to establish the causes of death and the severity of harm to health;

2) to determine the mental state of the accused or suspect in cases where there is doubt about their sanity or ability to realize the actual nature and social danger of their actions (inaction) or to control them by the time of the proceedings;

3) to determine the mental or physical state of a witness or victim in cases where there is doubt about their ability to correctly perceive the circumstances relevant to the case and give correct testimony about them;

4) to establish the age of the accused, the suspect and the victim in cases where this is important for the case, and there are no documents on age.

Having recognized the need to conduct an expert examination, the investigator draws up a reasoned resolution on this, in which he indicates the grounds for appointing an expert examination, the name of the expert or the name of the institution in which the expert examination is to be carried out, the questions posed to the expert, and the materials placed at his disposal. This ruling is the only procedural basis for the production of expertise.

It should be taken into account that the establishment of "special cruelty of murder", "cruel treatment", "disfigurement of the face" is not included in the subject of the examination, since these issues are not medical, but are decided by the investigator and the court using the ethical and aesthetic concepts accepted in our society.

Investigative experiment- this is an investigative action, consisting in conducting experiments and tests in specially created conditions, as close as possible to the event under investigation, in order to establish factual data relevant to the case (Article 183 of the Code of Criminal Procedure).

Main tasks investigative experiment are:

verification and clarification of the evidence collected in the case;

obtaining new evidence;

verification of investigative leads;

establishing the causes and conditions that contributed to the commission of the crime.

Practice knows the following kinds investigative experiment:

establishing the possibility of perceiving a fact or phenomenon (for example, in certain conditions to see or hear);

establishing the possibility of performing any actions (for example, picking up an object);

establishing the possibility of the existence of a phenomenon (for example, can an object fall in this way);

establishing the mechanism of the event as a whole or its individual details (for example, the possibility of overcoming a certain distance in a certain time).

It should be borne in mind that an investigative experiment will have evidentiary value only if it is repeatedly and accurately reproduced, or, in any case, as close as possible to all circumstances to the event under investigation.

A protocol is drawn up on the conduct of an investigative experiment, which sets out in detail the conditions, course and results of the experiment (Article 186 of the Code of Criminal Procedure). At the discretion of the investigator, a specialist, other participants in the process and persons providing technical assistance are present during the production of an investigative experiment. The participation of witnesses is mandatory.

On-site verification- taking place in a certain place, clarification or verification of the testimony of a witness, victim, suspect or accused regarding any fact related to the crime.

The essence of this investigative action is that the persons whose testimony is being verified or clarified, repeat the previously given testimony on a certain or indicated by them revenge. This allows you to immediately compare the readings with the real situation.

In this way, the indications can be checked:

about the place where the events took place;

about the actions of the participants of the event;

other circumstances relevant to the case.

Verification of testimony on the spot as an independent investigative action contains the following regulations holding:

indication of the person whose testimony is being verified to the place where the given investigative action was performed, its characteristic features and features;

the need for the presence of witnesses;

inadmissibility of actions degrading the honor and dignity of citizens or dangerous to their health;

free story and display of everything that is known to the person whose testimony is being checked (specified);

asking additional questions;

comparison of indications with the situation on the spot;

drawing up a protocol that has independent evidentiary value.

The paper considered aspects of the legal regulation of the production of investigative actions carried out before the initiation of a criminal case.

The possibility of carrying out the investigative actions provided for by the criminal procedural legislation at this stage is reduced to a minimum - only inspection of the scene of the incident, examination and appointment of an expert examination are allowed (part 4 of article 146 of the Code of Criminal Procedure). The results of procedural actions of this kind, of course, must be drawn up according to the rules established in the Code of Criminal Procedure for their production and may acquire the value of evidence in the case.

Also, during the verification of a crime report, operational-search activities can be carried out, audits and checks can be appointed, and specialists can be involved for consultation. The probative value of the results of operational-search activities carried out before the initiation of a criminal case is the subject of heated debate. According to the author, the operational data received by the bodies carrying out operational-search activities, before the initiation of a criminal case and without an order, can be of a purely informative nature, serve as grounds for initiating a criminal case, and also be an informative basis for collecting evidence during the preliminary investigation. But these results of the operational-search activity, again, in the opinion of the author, cannot in any way be evidence in a criminal case that can be used as the basis for the prosecution.

The results of audits and inspections of economic activities can serve as source materials for the appointment of further forensic accounting expertise.

With regard to the conduct of investigative actions carried out before the initiation of a criminal case, it is necessary to strictly comply with the requirements of the Code of Criminal Procedure of the Russian Federation, which regulate the procedure for conducting these investigative actions.

The list of investigative actions carried out before the initiation of a criminal case consists of the following investigative actions:

· investigative examination;

· examination;

· expertise.

This list of investigative actions carried out before the initiation of a criminal case is indisputable and limited. Other investigative actions cannot be carried out before the initiation of a criminal case. This follows from the content of Part 4 of Art. 146 Code of Criminal Procedure of the Russian Federation.

This list of investigative actions carried out before the initiation of a criminal case has been established by the legislator in order to enable law enforcement agencies involved in the disclosure and investigation of crimes to consolidate and fix the traces of a crime.

However, there are certain limitations here as well. In particular, when conducting an investigative inspection in a dwelling, in the event of an objection of residents to the conduct of this investigative action in their residential premises, compliance with the requirements of Art. 165 of the Code of Criminal Procedure of the Russian Federation on the judicial procedure for the production of an investigative action.

But at the same time, as practice often shows, some units of law enforcement agencies abuse the powers given to them to conduct investigative actions, the production of which is possible before a criminal case is initiated.

So, in particular, police authorities in the field of combating economic crimes and combating crimes in the field of entrepreneurial activity often carry out an investigative inspection without special need, but only with the aim of intimidating business entities.

In this regard, the author of the work considers it appropriate to introduce amendments to the Code of Criminal Procedure of the Russian Federation that regulate in detail the management of the implementation of procedural actions when a crime is reported. In this case, the procedural status of the person authorized to give instructions for the production of investigative actions carried out before the initiation of a criminal case should be established. It is unacceptable that subdivisions of law enforcement agencies, at their own discretion, carry out investigative actions, when such a need arises in the course of carrying out operational-search measures. According to the author, the legislator should establish a direct ban on conducting investigative actions carried out before the initiation of a criminal case without a written order from the person authorized to conduct a preliminary investigation.

In this case, a guarantee of compliance with the law in the production of investigative actions carried out before the initiation of a criminal case will be ensured, and the possibility for unscrupulous law enforcement officers to abuse their powers will be excluded.

The main conclusion of the work will be the following. When carrying out procedural activities before initiating a criminal case, law enforcement agencies must act within the framework of the law. Only in this case the main goal of criminal proceedings will be achieved - the protection of public interests from criminal encroachments and the maximum protection of the rights and interests of respectable citizens - members of a civilized democratic society will be ensured.

Follow-up actions may include:

• inspection;
• surveys;
• investigative experiment;
• search;
• notches;
• seizure of postal and telegraph items;
• control and recording of negotiations;
• interrogation;
• confrontation;
• presentation for identification;
• verification of indications on the spot;
• production of a forensic examination.

Inspection

The Law distinguishes between several types of inspection:

• inspection of the scene;
• localities;
• housing;
• items and documentation;
• corpses.

An inspection is carried out in order to detect traces of a crime, to establish other circumstances that are significant for a criminal case.

Remark 1

In some cases that do not tolerate delay, inspection of the scene of the incident, the corpse and the examination is carried out before the initiation of a criminal case.

The inspection is carried out with the participation of attesting witnesses, except when it is carried out in a remote area where there are no proper means of communication, and also if the conduct of investigative actions is unsafe for people's lives. Traces of the crime and other objects found at the scene of the investigative action.

If it takes a long time to carry out such an inspection, or if inspection on the spot is difficult, then the items are seized, packed, sealed, certified by the signatures of the investigator and witnesses at the place under study. Only those items that are relevant to the criminal case are confiscated. Moreover, in the inspection report it would be good to indicate individual signs with the characteristics of the seized items.

Remark 2

Everything found and seized during the inspection is presented to attesting witnesses and other participants in the inspection.

Inspection of housing is carried out only with the consent of the people living in it or on the basis of a court decision. If the people living in the dwelling object to the inspection, then the investigator initiates a petition before the judicial authority for the inspection in accordance with Article 165 of the Code of Criminal Procedure. The premises of the organization are inspected with a representative of the administration of the audited organization. If it is not possible to ensure the participation of a representative of the organization in the inspection, an appropriate entry is made in the protocol about this fact.

Examination of the corpse is carried out at the place of discovery in the presence of witnesses, a forensic medical expert or a doctor. The corpses that could not be identified must be photographed and fingerprinted. It should be noted that cremation of unidentified corpses is unacceptable. In the case of removing the corpse from the burial place, the investigator issues a decision on exhumation, and also sends a notification to close relatives or relatives of the deceased. The resolution is binding on the administration of a particular burial place. If the relatives of the deceased do not give a positive response to the exhumation, in this case, permission for it is issued by the court. The exhumation and examination of the corpse is carried out in the presence of witnesses and a forensic expert.

Certification

Definition 1

According to article 180 of the Code of Criminal Procedure under examination means an examination of the human body in order to find on it special signs, traces of a crime, bodily injuries, to identify a state of intoxication or other properties and signs that are important for a criminal case if this does not require a forensic examination.

The suspect, the accused, the victim, as well as the witness with his consent, may be subject to examination, except for situations when the examination is necessary to assess the reliability of his testimony. In cases that do not tolerate delay, the examination is carried out before the initiation of a criminal case.

Remark 3

The investigator issues a decision on the conduct of the examination, which is binding on the person being examined.

The examination is carried out by the investigator. If there is a need, the investigator invites a doctor or some other specialist to participate in the investigative actions. In the case of an examination of a person of the opposite sex, which is required to be examined in the nude, the investigator is not present. In this situation, the examination is carried out by a doctor. Photo, video recording and filming of the naked person being examined are carried out only with his consent.

Investigative experiment

Definition 2

In accordance with article 181 of the Code of Criminal Procedure under an investigative experiment means an investigative action, the essence of which is to carry out special experiments to obtain new or verify existing evidence, as well as to verify investigative versions about the mechanisms for committing a criminal act, the origin of some facts and investigative assumptions about the mechanisms of a committed criminal act.

In order to verify and clarify information relevant to the criminal case, the investigator has the right to conduct an investigative experiment by reproducing the actions and the situation or other circumstances of a particular event. Moreover, it is necessary to check the perception of some facts, the performance of specific actions, the occurrence of some event, and also to identify the sequence of the event that occurred with the mechanism for the formation of traces.

Remark 4

An investigative experiment is admissible if there is no danger to the health of the persons taking part in it.

Search

Definition 3

According to Article 182 of the Code of Criminal Procedure under search is understood as an investigative action, the essence of which is the forced examination of premises, terrain and other objects or individual citizens in order to find and seize traces, instruments of crime, objects and values ​​obtained by criminal means, as well as to detect wanted persons and documentation relevant to the criminal under study. affairs.

The basis for a search is the presence of sufficient information to believe that in some place or in some person there may be weapons of crime, objects, documentation and valuables related to the criminal case.

Remark 5

The search is carried out on the basis of the decision of the investigator. A search in a dwelling is allowed on the basis of a court decision in accordance with Article 165 of the Code of Criminal Procedure.

Before starting a search, the investigator presents a resolution on its conduct or a court decision with consent to its conduct and offers to voluntarily hand over the items to be seized, documentation and valuables that are significant for the criminal case. If all items were handed over on a voluntary basis, and there are no grounds to fear for their concealment, then the investigator has the right not to carry out a search. The seized items, documentation and valuables are presented by the investigator to witnesses and other persons who were present during the search, and, if necessary, they pack and seal at the place of the search, which is then certified by the signatures of the listed persons. If the investigator does not object, then during the search there may be a defense counsel and a lawyer of the person in whose premises the search is being carried out.

Remark 6

Witnesses must be present during the search, and an integral part of these investigative actions is the preparation of a protocol.

excavation

Definition 4

In accordance with article 183 of the Code of Criminal Procedure under the notch is understood as an investigative action, the essence of which is the seizure of objects and documentation from a specific person, which is significant for a criminal case, when it is 100% established who and where they are located.

Seizure is carried out on the basis of a reasoned decision of the investigator. Seizure of items and documentation containing state or other secrets protected by federal law, as well as items and documentation containing information about deposits and accounts of citizens in banking structures and other credit organizations, seizure of things pledged or deposited in a pawnshop is carried out on the basis of a court decision in accordance with article 165 of the Code of Criminal Procedure. Before starting the seizure, the investigator proposes to hand over the items and documentation to be seized, and upon receipt of a refusal, he carries out the seizure by force.

Remark 7

Seizure is carried out with attesting witnesses and ends with the preparation of a protocol.

Seizure of postal and telegraph items

In accordance with Article 185 of the Code of Criminal Procedure, seizure of postal and telegraphic items is permissible only on the basis of a court decision. If the judicial authority decides to seize the postal and telegraphic items, a copy of the document is sent to the post office. Inspection, seizure and copying of the items is carried out by the investigator in the presence of witnesses who are employees of the post office.

Remark 8

The investigator cancels the arrest for postal and telegraphic items no later than the completion of the preliminary investigation with the notification of the judicial authority that decided to conduct this investigative action.

Control and recording of negotiations

If there are sufficient grounds to assume that telephone and other conversations of the suspected, accused or other persons may contain information relevant to the criminal case, their control and recording is admissible when initiating criminal cases on criminal acts of average gravity, on grave and especially grave criminal acts only on the basis of court decisions in accordance with article 165 of the Code of Criminal Procedure.

Remark 9

If there is a threat of violence, extortion and other crimes against the victim, witness or their relatives, close persons, control and recording of telephone and other conversations is possible with a written application of the listed persons, and in the absence of such a statement - on the basis of a court decision.

The investigator sends a resolution on monitoring and recording telephone and other conversations for the purpose of execution to a special body for a period of up to 6 months. Control ends no later than the completion of the preliminary investigation. It should be noted that the investigator at any time has the right to demand from the body that monitors and records the conversations, a phonogram for the purpose of inspection and wiretapping. The phonogram is handed over to the investigator in a sealed form. On the results of the inspection and listening to the phonogram by the investigator in the presence of witnesses (and possibly a specialist), as well as people whose telephone and other types of conversations are recorded, a protocol is drawn up, which sets out the part of the phonogram that is important for the criminal case. The phonogram is attached in its entirety to the material of the criminal case as material evidence and is stored in such conditions that exclude unauthorized persons from getting acquainted with it.

Obtaining data on connections between subscribers and/or subscriber devices

According to 186.1 of the Code of Criminal Procedure, in criminal proceedings, in order to most quickly identify the person who committed the criminal act and find the stolen objects of the criminal offense, it becomes necessary to obtain from mobile operators data on incoming / outgoing calls made on a mobile phone.

Remark 10

In the summer of 2010, the Code of Criminal Procedure added a new type of investigative action - obtaining data on connections between subscribers and / or subscriber devices.

Definition 5

By obtaining data on connections between subscribers and / or subscriber devices imply detailing of incoming / outgoing calls, information about subscribers and their telephone devices, and determining, using the billing system, the address of the base station through which this connection was made, and information about the location of the caller.

The essence of detailing telephone conversations consists in documenting by the telecom operator in a specific time period the telephone contacts of a certain subscriber with other subscribers of mobile networks (without their personification) with the establishment of the dates and times of the conversations of these contacts and their duration.

Remark 11

If the investigator has sufficient grounds to believe that data on connections between subscribers and/or subscriber devices are relevant to the criminal case, then he has the right to obtain such information on the basis of a court decision.

A copy of the court decision on obtaining data on connections between subscribers and / or subscriber devices is sent to a certain communication organization, the manager of which must provide the specified data recorded on any information carrier. The specified data is provided in a sealed form along with a cover letter, which indicates the period for which they are provided, and the numbers of subscribers and / or subscriber sets.

The receipt by the investigator of data on connections between subscribers and / or subscriber sets can be established for up to six months. An institution providing communication services, throughout the entire period of conducting an investigative action, is obliged to provide the investigator with the specified data as they become available, but at least once a week.

The investigator examines the submitted documentation containing data on connections between subscribers and/or subscriber sets, in the presence of witnesses and (if necessary) a specialist, about which a protocol is drawn up, which indicates that part of the data that, from the position of the investigator, is important for the criminal cases (date, time, duration of connections between subscribers and/or subscriber sets, subscriber numbers and other information). Persons who were present when the protocol was drawn up have the right to record their own comments in the same protocol or separately from it.

The submitted documentation, containing data on connections between subscribers and/or subscriber sets, is attached to the material of the criminal case in full on the basis of the investigator’s decision as material evidence and is stored in a sealed form in conditions that exclude the possibility of access to them by unauthorized persons and ensure their reliable safety. .

Remark 12

If there is no need to carry out this investigative action, then its production is suspended by decision of the investigator, but not later than the completion of the preliminary investigation of the criminal case.

interrogation

Definition 6

In accordance with the Code of Criminal Procedure, articles 187-191 state that interrogation acts as an investigative action in the criminal process, the essence of which is to obtain evidence from a person who has information that is significant for the criminal case under consideration.

Interrogation is of the following types:

• depending on the age of the person being interrogated (interrogation of minors, minors, adults);
• depending on the procedural status of the person being interrogated (interrogation of suspects, accused, victims, witness, expert, specialist);
• depending on the sequence of the interrogation and the amount of data (interrogation is additional, initial or repeated);
• depending on the nature of the investigative case (interrogation during conflict, without conflict);
• depending on the composition of those participating in the interrogation (without participation or with the participation of 3 persons);
• depending on the place of interrogation (in the office of the investigator, interrogating officer in or in another place).

A person is summoned for interrogation with the help of a summons, which must indicate the following: who and in what capacity is summoned, to whom and at what address, the day and time of appearance for interrogation, as well as the consequences in case of failure to appear without a good reason. The summons is handed over to the person who is summoned for interrogation, against receipt or transmitted by means of communication.

The person summoned for interrogation is obliged to appear on time or to notify the investigator in advance of the reasons for non-appearance. In case of failure to appear without a valid reason, the person summoned for interrogation is subjected to a drive or some other measures of procedural coercion are applied to him, as defined in Article 111 of the Code of Criminal Procedure.

Remark 13

Before the beginning of the interrogation, the investigator must warn the victim with the witness that they are responsible for giving knowingly false testimony and refusing to give evidence in accordance with Articles 307 and 308 of the Criminal Code. It is forbidden to ask leading questions. In another, the investigator is free to choose the tactics of interrogation.

The interrogated person has the right to use documentation and records. If the witness came for interrogation together with a lawyer invited by him to provide legal support, then the lawyer is present during the interrogation, has the right to give the witness small consultations in front of the investigator, to ask, with the permission of the investigator, questions that the latter has the right to divert, but is obliged to note in interrogation protocol. Upon completion of the interrogation, the lawyer has the right to make a statement about violations of the rights, as well as the legitimate interests of the witness. The said statement shall also be entered into the protocol.

The interrogation is conducted by the investigator at the place of the preliminary investigation. He has the right, if he considers it necessary, to conduct an interrogation at the location of the interrogated. The duration of the interrogation is not more than 4 hours without a break. You can continue the interrogation after an hour break, during which the participants rest and eat, while the total duration of the interrogation during the day does not exceed 8 hours. If there are medical indications, then the duration of the interrogation is determined on the basis of a medical opinion.

Remark 14

The suspect is interrogated no later than 24 hours from the moment the decision to initiate a criminal case is made, except for situations in which the location of the suspect is not established, or from the moment of his actual detention. The suspect may use the assistance of a defense lawyer during interrogation, and he also has the right to meet with a defense lawyer before the first interrogation.

Confrontation

Definition 7

According to article 192 of the Code of Criminal Procedure confrontation is an investigative action, the essence of which is the simultaneous interrogation of 2 previously interrogated persons on significant circumstances for the case, about which they provide conflicting information.

The investigator wants to find out from the persons between whom the confrontation is being held whether they know each other and what is the relationship between them. The interrogated persons take turns giving testimony on the circumstances for the establishment of which a confrontation is carried out. After giving evidence by each, the investigator has the right to additionally ask questions to the interrogated persons. At the same time, the persons between whom a confrontation has been appointed have the right, with the permission of the investigator, to ask questions to each other.

During the confrontation, the investigator may present material evidence and documentation. Disclosure of the testimonies of interrogated persons contained in the protocols of previous interrogations, and the reproduction of audio and video recordings, filming of these testimonies is permissible only after these persons testify or refuse to testify under the conditions of a confrontation.

Remark 15

The testimony of the interrogated persons shall be recorded in the minutes of the confrontation in the order in which they were read out. Each of those interrogated signs his own testimony, each page of the protocol and the protocol as a whole.

presentation for identification

Definition 8

In article 193 of the Code of Criminal Procedure under presentation for identification is understood as a type of investigative action, the essence of which is to show the victims, witnesses, suspects or accused of some object in order to establish identity or difference with the object, which in the past was the object of observation of the identifying person.

The investigator may present for identification a person or an object to witnesses, victims, suspects or accused. A corpse may also be presented for identification. The identifying persons are first interrogated about the circumstances under which they saw the objects or people presented for identification, and they are also asked about signs and features by which they can identify something or someone. Re-identification of persons or objects by the same identifying person and on the same grounds is not carried out.

The person is presented for identification together with other persons, however outwardly similar to him. The total number of persons presented for identification must be at least 3. This rule does not apply to identifying a corpse.

Before the identification, the identifiable person may take any place among the presented persons, about which an appropriate entry is made in the identification protocol. If it is impossible to present a person, identification is carried out by his photo, presented together with a photo of other persons outwardly similar to the person being identified. The number of photos must be at least 3.

Remark 16

The object is presented for identification in a group of objects of the same type in the number of at least 3. If the identifying person points to 1 of the persons presented to him or 1 of the objects, then the identifying person must explain by what signs or features he recognized the person or object. And leading questions are not allowed. Presentation for identification is carried out in the presence of witnesses.

On-site verification

Definition 9

According to article 194 of the Code of Criminal Procedure under verification of testimony on the spot means a complex investigative action, the essence of which is that the previously interrogated person shows the place and objects related to the case under investigation, giving evidence regarding the event that occurred and demonstrating individual actions in order to verify existing and find new evidence on this event.

On-site verification tasks include:

• establish the place and objects with which the event occurred;
• identify previously unknown persons (witnesses, victims, suspects);
• corroborate the testimony with available evidence at the scene of the event.

Remark 17

Testimony is checked in order to determine new circumstances that are relevant to the criminal case.

Remark 18

The testimonies provided earlier by the suspect or the accused, the victim or the witness are checked or clarified on the spot, which is associated with the event under study.

The essence of checking testimony on the spot is that the previously interrogated person must reproduce on the spot the situation with the circumstances of the case under investigation, point to objects, documentation, traces that are significant for the criminal case, and demonstrate specific actions. Any outside interference in the test and leading questions are not allowed. It is also impossible to simultaneously check on the spot the testimony of several persons. Verification of testimony begins with the fact that the person is asked to indicate the place where his testimony will be subjected to verification. Also, the person whose testimony is being checked, after his story and demonstration of actions, are asked additional questions.

Production of forensic examination

Definition 10

In accordance with Chapter 27 of the Code of Criminal Procedure, forensic examination is a procedural action, the essence of which is the production, on behalf of the interrogator, preliminary investigation and court, in the procedural form determined by law, of specific studies of objects in certain areas of science, art or craft and the issuance of opinions on issues regarding the case under investigation.

To conduct a forensic examination, the investigator issues a decision, and in some situations a petition is filed with the judicial authority with:

• grounds for the appointment of a forensic examination;
• Full name of the expert or the name of the expert institution in which the forensic examination will be carried out;
• questions posed to the expert;
• materials placed at the disposal of the expert.

Forensic examination is carried out by state forensic experts and other experts from among persons who have special knowledge. The investigator must familiarize the suspects, the accused, the defense counsel with the decision on the appointment of a forensic examination and explain to each of his rights. A protocol is drawn up on this, which is signed by the investigator and persons familiarized with the decision.

The appointment and production of a forensic examination is necessary (according to Article 196 of the Code of Criminal Procedure) in order to determine:

• causes of death;
• the nature and degree of harm caused to health;
• the mental or physical state of the suspect or the accused in case of doubts about his sanity;
• the mental or physical state of the victim in case of doubts about his ability to adequately perceive the circumstances that are significant for the case, and testify about them;
• the mental state of a suspect accused of committing an act against the sexual inviolability of a minor who has not yet reached the age of 14 at the age of majority, in order to resolve the issue of the presence or absence of a disorder of sexual preference/pedophilia;
• the age of the suspect, the accused, the victim, if this is important for the criminal case under consideration, and the age documentation is missing or in doubt.

Remark 19

The investigator must acquaint the suspect, the accused, as well as his defense counsel with the decision to appoint a forensic examination and explain the rights provided for in Article 198 of the Code of Criminal Procedure.

If necessary, the investigator takes samples for comparative analysis. The decision to appoint a forensic examination with the materials necessary for its production is sent by the investigator to the head of the expert institution, who must entrust the examination to a certain expert and explain to him the rights, obligations and liability for giving a false conclusion.

Remark 20

After receiving the conclusion from the expert, the investigator presents it to the suspect, the accused and the defense counsel, explaining to them the right to petition for the appointment of an additional or repeated forensic examination.

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The main way of collecting and verifying evidence at the stage of preliminary investigation is the production of investigative actions.
Investigative actions are operations carried out in strict accordance with the law, aimed at discovering, securing and verifying evidence.
The right to carry out investigative actions has only the person in whose proceedings it is, as well as the supervising prosecutor. On the instructions of the investigator, individual investigative actions in the case being in his proceedings may be carried out by bodies of inquiry or other investigators.
Investigative actions can be carried out only after the initiation of a criminal case. An exception is made only for the inspection of the scene of the incident, the examination and the appointment of an expert examination, which can be carried out before the initiation of a criminal case.
For the production of investigative actions, grounds are necessary - factual data indicating the need for the production of certain investigative actions.
As a rule, investigative actions are carried out at the initiative of the investigator or the person conducting the inquiry. But they can also be carried out at the direction of the prosecutor, the head of the investigative department, the head of the body of inquiry. In addition, the law establishes cases of mandatory investigative actions. Thus, a person must be interrogated as a suspect no later than 24 hours from the date of the decision to initiate a criminal case or actual detention (Article 46 Suspect). After the presentation of the charge, the interrogation of the accused must immediately follow (Article 173 Interrogation of the accused). To establish certain circumstances, an examination must be carried out (Article 196 of the Code of Criminal Procedure of the Russian Federation).
Investigative actions include:
1) interrogation;
2) confrontation;
3) inspection;
4) examination;
5) search;
6) excavation;
7) presentation for identification;
8) investigative experiment;
9) seizure of postal and telegraph items, their examination and seizure;
10) control and recording of negotiations;
11) verification of testimony on the spot;
12) appointment and performance of an expert examination.
Some authors refer to investigative such procedural actions as:
1) attachment of property;
2) exhumation of a corpse,
3) obtaining samples for a comparative study;
4) placing a person in a medical institution for the production of an expert examination.
However, with the help of these actions, new evidentiary information is not obtained, therefore they cannot be considered investigative in the literal sense. Nevertheless, these actions are closely related to investigative ones, they prepare and ensure their production in order to obtain new evidence. Therefore, they are usually considered in the section "Investigative actions".
During the performance of investigative actions, the investigator is obliged to ensure the protection of the rights and interests of citizens. The law prohibits in the process of collecting evidence to commit actions that humiliate the honor and dignity of citizens or are associated with a danger to life and health. During the production of investigative actions, the use of violence, threats and other illegal measures is unacceptable; it is impossible to carry out investigative actions at night, except in cases of urgency.
In the process of investigative actions, measures must be taken to protect property, state secrets, and also to non-disclosure of information about the intimate aspects of the life of persons participating in them.
Such investigative actions as examination, search, seizure, examination, exhumation are carried out on the basis of the decision of the investigator. For the production of other investigative actions, a decision is not required. The course and results of any investigative action are recorded in the relevant protocol.
Inspection of the dwelling without the consent of the persons living in it; search or seizure in the dwelling; personal search1; seizure of objects and documents containing information on deposits and accounts in banks and other credit institutions; seizure of correspondence and seizure of it in communication institutions; control and recording of telephone and other conversations are carried out on the basis of a court decision.
In these cases, the investigator, with the consent of the prosecutor, initiates a motion before the court to conduct an investigative action, on which a decision is issued.
The petition is subject to consideration by a single judge of the district court at the place of the preliminary investigation or the production of the investigative action no later than 24 hours. The prosecutor and the investigator shall have the right to participate in the court session. Having considered the petition, the judge issues a decision to allow the conduct of an investigative action or to refuse to conduct it, indicating the reasons for the refusal.
In exceptional cases, when the inspection of a dwelling, search and seizure in a dwelling, as well as a personal search cannot be delayed, these investigative actions can be carried out on the basis of an investigator’s decision without obtaining a court decision. In this case, the investigator is obliged to notify the judge and the prosecutor about the conduct of the investigative action within 24 hours. Copies of the decision and protocol of the investigative action shall be attached to the notification. The judge must also issue a decision on the legality or illegality of the investigative action performed within 24 hours from the receipt of the notification. If the investigative action is found to be illegal, all evidence obtained with its help is excluded from the proving process as inadmissible.
Seizure of objects and documents containing state or other secrets protected by federal law is carried out with the sanction of the prosecutor.
During the performance of a search, personal search, seizure, examination, presentation for identification, investigative experiment, examination and seizure of detained correspondence, examination and listening to a phonogram, verification of testimony on the spot, exhumation of a corpse, at least two attesting witnesses must be present. Witnesses can be any persons not interested in the outcome of the case, who are required to certify the fact, content and results of the actions during the production of which they were present1. Witnesses present during the performance of a personal search must be of the same gender as the person being searched.
A specialist may participate in the production of an investigative action, which may be any person who is not interested in the outcome of the case and has special knowledge in a particular area. In addition, the investigator has the right to involve operational officers in the investigative action, about which a corresponding note is made in the protocol.
If persons who do not speak the language in which the proceedings are conducted are involved in the investigative action, they must be provided with an interpreter.
During the performance of investigative actions, technical means necessary for the detection, fixation or seizure of evidence may be used. The use of such means should be reflected in the protocol of the investigative action.

13.2 Inspection

Inspection is an investigative action during which a general examination of the scene of the incident, terrain, premises, dwelling, corpse, objects and documents is carried out visually and with the use of technical means in order to detect, describe and remove traces of a crime and establish circumstances significant for a criminal case.
The essence of the inspection lies in the fact that the investigator, by means of observation, comparison, measurement, and the use of other methods of cognition, convinces himself of the existence of facts that have evidentiary or other significance for the criminal case and certifies their existence by drawing up a procedural document provided for by law.
The basis for the inspection is the existence of a reasonable assumption by the investigator that during the production of one or another type of investigative inspection, traces of a crime can be found, other circumstances that are important for the criminal case have been clarified.
The significance of the investigative inspection lies in the fact that this investigative action allows you to obtain the initial data for putting forward versions, as well as to get the most accurate and complete picture of the nature and mechanism of the incident, and is one of the reliable ways to obtain evidentiary information. Investigative inspection of the scene, in some cases, is of decisive importance for establishing the presence or absence of grounds for initiating a criminal case. In cases of urgency, the law allows for an inspection of the scene of an incident before initiating a criminal case (Part 2 of Article 176 of the Code of Criminal Procedure of the Russian Federation).
The following types of investigative examination are distinguished:
scene,
terrain,
dwellings,
other premises
items and documents
examination of the body.
In investigative practice, there are also cases of examination of animals.
An investigative inspection can be carried out as an independent investigative action, or in the course of other investigative actions (for example, a document or object can be examined during a search or seizure, during an inspection of the scene of an incident, if a corpse is present, it can be examined, etc. ).
If the inspection is carried out as an independent investigative action, then its course and results are recorded, respectively, in the protocols for examining the scene, examining objects (documents), the protocol for examining the area, dwelling, other premises, the protocol for examining the corpse, taking into account the requirements of Article 166 of the Code of Criminal Procedure of the Russian Federation (Protocol of the investigative actions) and Article 167 of the Code of Criminal Procedure of the Russian Federation (Certification of the fact of refusal to sign or the impossibility of signing the protocol of an investigative action).
The form of these forms of procedural documents is enshrined in Article 476 of the Code of Criminal Procedure of the Russian Federation (List of forms of procedural documents of pre-trial proceedings):
the protocol of the inspection of the scene - Appendix 4 of Article 476 of the Code of Criminal Procedure of the Russian Federation;
the protocol of examination of the corpse - Appendix 5 of Article 476 of the Code of Criminal Procedure of the Russian Federation;
protocol of inspection of objects (documents) - Appendix 51 of Article 476 of the Code of Criminal Procedure of the Russian Federation;
protocol of inspection of the area, dwelling, other premises - Appendix 86 of Article 476 of the Code of Criminal Procedure of the Russian Federation.
In the case of the removal of a corpse from the burial place and its subsequent examination, a protocol is drawn up for the exhumation and examination of the corpse - Appendix 44 of Article 476 of the Code of Criminal Procedure of the Russian Federation.

13.3. Certification

An examination is an investigative action consisting in an external examination of a person’s body in order to detect traces of a crime, special signs, bodily injuries, as well as to identify a state of intoxication or other properties and signs that are important for a criminal case, if this does not require a forensic examination.
As a result of exposure to any substances associated with a crime, traces that are important for the case may form on the human body (stains of blood, semen, microparticles of soil, vegetation, fibers, particles of chemicals used in the commission of a crime, etc.), as well as bodily injuries (traces of wounds, bites, burns, abrasions, scratches), which can be detected by visual inspection.
Often, special signs are important for identifying the identity of a suspect, accused, victim, witness - birthmarks, tattoos, body defects, traces of previous operations, etc.
An examination may also be carried out to identify a person for alcohol, narcotic, toxicological intoxication or to determine other physiological conditions. This may be evidenced by the smell of carbon, the condition of the eyes, impaired coordination of movements, etc.
Other properties and signs that are relevant to the case may be, for example, signs indicating a certain occupation of the person being examined - calluses on the hands resulting from certain actions, a special color of the skin associated with production activities, etc.
An accused, a suspect, a victim, as well as a witness may be subjected to examination with his consent. However, in cases where an examination is necessary to assess the credibility of the testimony of a witness, his consent to the proceedings in relation to his examination is not required. This investigative action affects the personal integrity of citizens, therefore, the law establishes specific rules for its conduct, as well as guarantees for the protection of the rights, honor and dignity of the person being examined. During the examination, actions that degrade the dignity or create a danger to the health of the person being examined are not allowed.
A decision is issued on the conduct of the survey, which is binding on the person in respect of whom it was issued.
If necessary, the investigator may involve a doctor or other specialist in the examination.
Before the examination, the investigator announces the decision and explains to the participants in the investigative action their rights and obligations.
The investigator is not present during the examination of a person of the opposite sex, if it is accompanied by the exposure of this person. In this case, the examination is carried out by a doctor. In this case, photographing, video recording and filming are carried out only with the consent of the person being examined.
A protocol is drawn up on the conduct of the examination. The introductory part indicates the last names, first names, patronymics of all participants in the investigative action, the conditions of the examination (in which room, at what time of day, lighting, etc.). The protocol must reflect the fact that the participants in the examination were explained their rights and obligations. The descriptive part lists all the actions of the investigator (or the person conducting the examination instead of him), as well as everything discovered in the sequence as it was observed during the investigative action. The protocol is signed by all participants in the survey, who are entitled to demand additions and amendments to it.

13.4. Investigative experiment

An investigative experiment is an investigative action that consists in reproducing the actions, situation or other circumstances of a certain event in order to verify and clarify the data relevant to the case.
This investigative action can be carried out to establish the occurrence of an event; establishing the possibility of perception of any facts by a certain person in certain conditions; the possibility of performing certain actions or to identify the sequence of the event and the mechanism for the formation of traces; the presence of professional or criminal skills of any of the participants in the process, etc.
The investigative experiment is carried out by:
1) reproduction of the situation or other circumstances of a certain event (reconstruction);
2) production of experimental actions;
3) combinations of reconstruction and experimental actions.
The issuance of a special resolution on the conduct of an investigative experiment is not required.
The investigative experiment is carried out in the presence of witnesses. If necessary, the suspect, the accused, the victim and the witness, as well as a specialist, expert, translator and other persons may participate in it.
The conduct of an investigative experiment is allowed, provided that the dignity and honor of the persons participating in it and those around them are not humiliated and there is no danger to their health.
If necessary, in the course of an investigative experiment, measurements, photography, video recording, filming are made, plans and diagrams are drawn up.
A protocol is drawn up on the production of an investigative experiment. It indicates: for what purpose, when, where and under what conditions the investigative experiment was carried out, the evidence to be verified, the operations performed by the participants in the experiment in preparing it, reproducing the circumstances of the event being verified or when performing experimental actions, what results were obtained. The protocol should reflect the facts of explaining to the participants their rights and obligations, as well as the use of scientific and technical means.

13.5. Search and seizure

A search is an investigative action that consists in examining premises, areas of the area or individuals in order to find and seize objects and documents relevant to the case, as well as to detect wanted persons or corpses.
The basis for the search is the presence of sufficient evidence to believe that in any place or in any person there may be weapons of crime, other objects, documents, valuables that may be relevant to the criminal case, as well as the wanted persons or corpses.
Seizure is an investigative action that consists in the seizure of certain items and documents that are relevant to the case, if it is known exactly where and from whom they are located.
Search and seizure differ from each other on the basis of their conduct: a search is carried out in cases where there is only an assumption that any items relevant to the case are located in a certain place or with a certain person. Seizure is carried out when it is known exactly where, from whom and what kind of objects and documents must be seized.
Otherwise, search and seizure do not differ from each other, therefore the procedure for their production is regulated in the law in the same way.
A reasoned decision is also issued on the conduct of a search and seizure.
Search and seizure in the dwelling are carried out on the basis of a court decision, except in cases of urgency, with subsequent notification of the judge and prosecutor within 24 hours from the start of the relevant investigative action.
In addition, on the basis of a court decision, documents containing information on deposits and accounts of citizens in banks and other credit organizations are seized. The seizure of objects and documents containing state or other secrets protected by federal law is carried out by the investigator with the sanction of the prosecutor.
During the search and seizure, the presence of attesting witnesses, as well as the person in whose dwelling these investigative actions are carried out, or an adult member of his family, is mandatory. If it is impossible for them to be present, representatives of the housing maintenance organization or the local administration are invited. With the permission of the investigator, a defense counsel, as well as a lawyer of the person in whose premises the search is being carried out, may be present during the search or seizure.
Search and seizure at enterprises, institutions or organizations are carried out in the presence of a representative of this enterprise, institution or organization.
At night, search and seizure is allowed only in cases of urgency.
When proceeding with the seizure and search, the investigator is obliged to present a resolution or a court decision on this. The persons participating in the investigative action are explained their rights and obligations, about which a note is made in the protocol.
Then the investigator proposes to voluntarily hand over objects and documents to be seized or instruments of crime, objects and valuables obtained by criminal means, as well as other objects and documents that may be relevant to the case. If they are issued voluntarily and there are no grounds to fear the concealment of the wanted objects, the investigator has the right to confine himself to the seizure of the issued and not to carry out further searches. Otherwise, the investigator proceeds with the search or carries out the seizure by force.
In the course of a search or seizure, the investigator has the right to open locked premises or vaults if the owner refuses to open them voluntarily, while avoiding unnecessary damage to property. He must take measures to ensure that the circumstances of the private life of a person, his personal or family secret, or the circumstances of the private life of other persons revealed during the search or seizure, are not disclosed.
The investigator may prohibit persons who are in the premises where the search or seizure is being carried out to leave it, as well as to communicate with each other or other persons until the end of the investigative action.
All discovered and seized items are subject to presentation to the persons participating in the seizure and search, and are described in detail in the protocol. If necessary, they are packed and sealed. In any case, objects and documents withdrawn from circulation should be withdrawn, even if they are not relevant to the case.
A protocol is drawn up on the conduct of the search and seizure. It indicates: where, when and on what basis the search or seizure was carried out, the content and results of the investigative action. With regard to the seized items and documents, it is noted whether they were issued voluntarily or forcibly seized, in what place and under what circumstances they were found. All seized items must be listed in the protocol with an exact indication of the quantity, measure, weight, if possible, cost and other individual characteristics.
If during the search or seizure there were attempts to destroy or hide the objects and documents subject to seizure, then an appropriate entry must be made in the protocol about this and it must be indicated what measures were taken. The protocol is signed by the investigator and all participants in the investigative action. A copy of the protocol is handed against receipt to the person whose house was searched or seized, or to the adult members of his family, and in their absence, to the representative of the housing maintenance organization or local administration.
A personal search consists in examining clothes, shoes and a person’s body in order to detect and seize objects and documents relevant to the case. A personal search is carried out on the basis of a court decision.
However, in some cases, the law allows for a personal search without a court decision:
1) when detaining a person;
2) taking him into custody;
3) if there are sufficient grounds to believe that the person who is in the place where the seizure or search is being carried out is hiding objects and documents that may be of importance to the case.
A personal search is carried out by a person of the same sex as the person being searched, in the presence of attesting witnesses (and, if necessary, specialists) of the same sex.

13.6. Seizure of postal and telegraph items, their examination and seizure

In accordance with Art. 23 of the Constitution of the Russian Federation, everyone has the right to privacy of correspondence, telephone conversations, postal, telegraphic and other communications. Restriction of this right is allowed only on the basis of a court decision.
Such a restriction is possible if there are sufficient grounds to believe that parcels, parcels, other postal and telegraphic items, telegrams or radiograms may contain objects, documents or information that are important for the criminal case. In these cases, the investigator issues a decision to initiate a petition before the court to seize the postal and telegraph items and to examine and seize them.
The petition must contain: the last name, first name, patronymic and address of the person whose postal and telegraphic items are to be delayed; grounds for seizure, inspection and seizure; types of postal and telegraph items subject to arrest; the name of the communication institution, which is responsible for detaining the relevant postal and telegraph items.
Based on the results of consideration of the petition, the judge issues a reasoned decision to allow or prohibit the conduct of investigative actions related to the restriction of the right to privacy of correspondence and other communications.
If the court decides to seize the postal and telegraph items, a copy of it is sent to the appropriate communication agency, which is instructed to detain the postal and telegraph items and immediately notify the investigator about this.
The investigative action under consideration includes three interrelated and at the same time independent actions of the investigating body:
1) seizure of postal and telegraph items;
2) their inspection
3) recess.
Seizure of postal and telegraph items is a prohibition for a communications institution to deliver them to a specific person without the permission of the investigating authority.
The arrest of postal and telegraph items is carried out in order to:
1) obtaining evidence about circumstances relevant to the case;
2) temporary suspension of correspondence of certain persons;
3) establishing the whereabouts of the wanted accused, etc.
The Code of Criminal Procedure of the Russian Federation does not contain a list of persons whose postal and telegraph items may be seized. As a rule, such an arrest is imposed on the correspondence of the suspect, the accused and persons associated with them.
The head of the communications institution, having received the postal and telegraph item, which was seized, detains it and informs the investigator about it. After receiving such a message, the investigator arrives at the post office to inspect the received item.
Inspection of a postal and telegraphic item is an acquaintance with its contents. It is carried out in the presence of attesting witnesses from among the employees of the relevant communications institution.
If items, documents or information relevant to the case are found in the examined item, the investigator seizes this item, i.e., seizes it.
In necessary cases, to participate in the inspection and seizure of postal and telegraph items, the investigator has the right to invite a specialist, as well as an interpreter.
A protocol is drawn up on the inspection and seizure of a postal and telegraph item, which indicates exactly which items were subjected to inspection, what is the content of the inspected correspondence, what exactly was seized. If, due to the circumstances of the case, it is necessary that the addressee receive correspondence, it is not withdrawn, but a copy or an extract from it is made, which should be reflected in the protocol.
The confiscated postal and telegraph item to be used in the process of proving shall be attached to the materials of the criminal case.
The arrest of postal and telegraph dispatches shall be annulled by the investigator by a decision when the application of this measure is no longer necessary, but no later than the completion of the preliminary investigation in this criminal case. The court that made the decision to impose the arrest, the prosecutor and the relevant communication institution shall be notified of the cancellation of the arrest.

13.7. Control and recording of negotiations

Control and recording of negotiations is carried out in cases where there are sufficient grounds to believe that the negotiations of the suspect, the accused, other persons may contain information relevant to the criminal case.
This investigative action consists in listening by specially authorized bodies (FSB and the Ministry of Internal Affairs) of telephone and other conversations, as well as recording them using any means of communication (technical means) for the purpose of subsequent examination and playback of phonograms.
Other negotiations are understood as any negotiations using wired and wireless communications, as well as through direct communication.
The investigative action under consideration significantly limits the constitutional right of citizens to the secrecy of negotiations, therefore, the law establishes additional guarantees of the legality of its production.
Thus, control and recording of negotiations is allowed only in criminal cases involving grave and especially grave crimes and only on the basis of a court decision. However, part 2 of Art. 13 of the Code of Criminal Procedure of the Russian Federation allows in cases of urgency, provided for in Part 5 of Art. 165 of the Code of Criminal Procedure of the Russian Federation, the production of control and recording of negotiations without a court decision, followed by notification of the judge and prosecutor of the investigative action taken. However, it should be noted that between Part 2 of Art. 13 and part 5 of Art. 165 of the Code of Criminal Procedure of the Russian Federation, there are contradictions, since the last rule deals only with exceptional cases of conducting a search without obtaining a court decision, a search in a dwelling and a personal search in cases of urgency. These standards must be harmonized with each other.
In addition, obtaining a court decision for the production of control and recording of negotiations is not required when a written application is received from the victim, witness in the presence of a threat of violence, extortion and other criminal acts against them or their loved ones. However, if there is no written application in such cases, a court decision must still be obtained.
The petition of the investigator for the production of control and recording of telephone and other conversations must indicate: in what case it is necessary to perform this investigative action; grounds for its application; data on the person whose conversations are subject to control and recording; the term for the implementation of the investigative action and the name of the body entrusted with its technical support.
Production of control and recording of telephone and other conversations cannot last more than 6 months. If there is no need for this event, it is terminated by order of the investigator. Control and recording of negotiations after the completion of the preliminary investigation is not allowed.
The investigator at any time has the right to demand from the body exercising control and recording of negotiations, a phonogram for examination and listening. It must be handed over to the investigator in a sealed form with a cover letter, which must indicate the date and time of the beginning and end of the recording of the negotiations and the characteristics of the technical means used.
The investigator examines and listens to the phonogram with the participation of attesting witnesses. If necessary, a specialist is invited, as well as persons whose telephone and other conversations were recorded. On the results of the examination and listening, the investigator draws up a protocol in which the part of the phonogram that is relevant to the case is stated verbatim. Persons participating in the inspection and listening have the right to state their comments on the protocol.
The phonogram is fully attached to the materials of the criminal case as material evidence, about which the investigator issues a decision. It should be stored in a sealed form under conditions that ensure its technical suitability, but at the same time, the possibility of listening to and replicating it by unauthorized persons should be excluded.

13.8. Interrogation. Confrontation

An interrogation is an investigative action during which oral testimony of the interrogated person is obtained about the circumstances known to him, to be established in a criminal case.
Interrogation of the witness and the victim is carried out according to the same rules. The only difference is that a reasoned decision is issued on recognizing a person as a victim (Decree on recognizing a victim) and giving evidence is not only his duty, but also his right: the investigator is obliged to interrogate the victim if he so requests (because (p. .2 part 2 article 42 (victim)) the victim has the right: 2) to testify)
Interrogation, as a rule, is carried out at the place of preliminary investigation. However, if necessary, it can also be carried out at the location of the interrogated person (at home, in the hospital, etc.)
The interrogation may not last continuously for more than 4 hours, after which there must be a break of at least one hour, while the total duration of the interrogation during the day should not exceed 8 hours. In addition, in the event of an illness of the interrogated, the duration of the interrogation is determined on the basis of a doctor's opinion.
The witness (victim) is summoned for interrogation by a summons (Summon to summon for interrogation. Summons to summon for interrogation of a person under 16 years of age), which is handed to him against receipt or transmitted by means of communication. In the event of the temporary absence of the person called for interrogation, the summons is handed over to one of the adult members of his family, a representative of the housing maintenance organization, the administration at the place of work or place of residence. In case of non-appearance without good reason, the person called for interrogation may be subjected to a drive or other measures of procedural coercion may be applied to him (part 2 of article 111 of the Code of Criminal Procedure: obligation to appear (art. 112), drive (art. 113) , monetary recovery (Art. 117; 118)).
Before the beginning of the interrogation, the investigator ascertains the identity of the person being interrogated by checking the relevant documents, explains to him his rights and obligations. The witness and the victim are warned about criminal liability for refusing to testify and giving knowingly false testimony, which is noted in the protocol of interrogation, certified by the signature of the interrogated.
If doubts arise whether the interrogated person speaks the language in which the proceedings are being conducted, then it is necessary to find out in which language he wants to testify and, if necessary, invite an interpreter.
During the interrogation of the victim, his representative may be present, who has the same rights as the victim. The witness has the right to appear for interrogation with a lawyer invited by him to provide legal assistance. In this case, the lawyer is present during interrogation and has the right to give brief consultations to the witness in the presence of the investigator, to ask questions to the witness with the permission of the investigator, to make written comments on the correctness and completeness of the records in the protocol of interrogation. The investigator may reject the defense counsel's questions, but is obliged to record them in the protocol. Interrogation tactics are determined by the investigator. The law prohibits only asking leading questions, i.e. those in the wording of which contain the desired answer.
The interrogated person has the right to use documents and records; can make diagrams, drawings, drawings, diagrams. During the interrogation, photography, audio or video recording, filming may be carried out.
The course and results of the interrogation are reflected in the protocol.
The interrogated person's testimony is recorded in the first person and, if possible, verbatim. All the questions asked and the answers to them are recorded in the protocol.
The protocol must reflect the facts of the presentation of physical evidence and documents to the interrogated person, the announcement of the protocols of other investigative actions, the playback of audio or video recordings of investigative actions, as well as the testimony of the interrogated person given at the same time.
If during the interrogation technical means of fixation were used, then the protocol must contain information about them and the conditions for their use.
At the end of the interrogation, the protocol is presented to the interrogated for reading or read aloud to him, after which he has the right to demand that the protocol be supplemented and amended. These additions and amendments are subject to mandatory entry into the minutes. After reading the protocol, the interrogated person certifies that the testimony was recorded correctly, which is noted in the protocol. The protocol is signed by all persons who participated in the interrogation. If the protocol is written on several pages, then the interrogated person signs each page.
If the person participating in the interrogation refuses to sign the protocol or it is impossible to sign it due to physical disabilities or health status, an appropriate entry is made in it, certified by the signature of the investigator, as well as the defense counsel, legal representative, representative or witnesses, who confirm the contents of the protocol with their signatures and the fact of impossibility of its signing.
The person who refuses to sign the protocol must be given the opportunity to give an explanation of the reasons for the refusal, which is also recorded in the protocol.
The law provides for slightly different rules for interrogating a minor. So, a person under the age of 16 is summoned for interrogation through his legal representatives or through the administration at the place of his work or study (Agenda on Summons for Interrogation of a Person Under 16). If the witness or the victim has not reached the age of 16, he is explained the need to give truthful testimony, but he is not warned about criminal liability for refusal and giving knowingly false testimony.
The interrogation of a witness (victim) under the age of 14, and at the discretion of the investigator and up to 18 years, is carried out with the participation of a teacher. During the interrogation of a minor victim or witness, his legal representative has the right to be present.
The interrogation of the suspect and the accused is carried out basically according to the same rules as the interrogation of a witness (victim).
Features are as follows:
The suspect and the accused shall not bear criminal liability for refusing to testify and for giving knowingly false testimony.
A person must be interrogated as a suspect:
1) if a case has been initiated against this person;
2) if he is detained on suspicion of committing a crime;
3) if one of the measures of restraint was applied to him before the presentation of charges.
The suspect must be interrogated no later than 24 hours from the date of the decision to initiate a criminal case or actual detention.
The interrogation of the accused must follow immediately after the presentation of the charge.
Before the beginning of the interrogation, the suspect and the accused must be explained their procedural rights and obligations. In addition, the suspect is told what crime he is suspected of committing, and the accused must be asked whether he pleads guilty and whether he wants to testify on the merits of the charge.
Confrontation
A confrontation is a simultaneous interrogation of two previously interrogated persons, in whose testimony there are significant contradictions.
A confrontation is made in order to clarify the causes of these contradictions, eliminate them and obtain truthful testimony from both persons. A confrontation cannot be made between persons who have not been interrogated before, as well as persons whose testimony regarding the same circumstances does not contain significant contradictions. At the same time, in some cases, even if there are significant disagreements in the testimony, it is not advisable to conduct a confrontation, for example, if there are fears that a conscientious participant in the process, under the influence of the second interrogated person, may change his testimony.
The question of whether the contradictions in the testimony are significant or not is decided by the investigator, taking into account the circumstances of the crime committed and the significance of the testimony of each of the previously interrogated persons.
Face-to-face betting can be held between:
two witnesses or victims;
witness and victim;
witness and accused (suspected);
victims and accused (suspects);
two accused (suspects);
defendants and suspects.
Significant contradictions in the testimony may relate to various circumstances included in the subject of proof. Each participant in this investigative action testifies in the presence of the other and has the opportunity to personally verify that the other person is giving the appropriate testimony.
If the participants in the confrontation are witnesses or victims, they are warned before the beginning of the interrogation of criminal liability for refusing to testify and for giving knowingly false testimony, which is noted in the protocol, sealed with their signatures. The accused and the suspect are not warned about such liability.
At the beginning of the confrontation, the investigator asks the interrogated whether they know each other and what kind of relationship they have with each other. After that, they are invited to testify in turn about the circumstances in which they have significant contradictions. After giving evidence to each of the interrogated, the investigator may ask questions. With his permission, the participants in the confrontation may ask questions to each other, as noted in the protocol.
Announcement of previously given testimonies of the participants in the confrontation and the reproduction of a sound recording of these testimonies is allowed only after they give evidence at the confrontation and record them in the protocol.
A protocol is drawn up on the production of a confrontation. The testimony of each interrogated person is recorded in the first person, if possible, verbatim and in the order in which they were given. Then the questions asked and the answers to them are recorded.
The participants in the confrontation become familiar with the contents of the protocol and have the right to demand additions and amendments to it. They sign all their testimony and, in addition, each page of the protocol and the protocol as a whole. The investigator signs the protocol after the interrogated.
An interpreter, specialist, defender of the accused (suspect), legal representative of a minor may take part in the production of a confrontation. A witness may appear at a confrontation with a lawyer. The latter enjoys the same rights as during the interrogation of a witness. During the production of a confrontation with the participation of minors, the same rules apply as when interrogating a minor.
In cases where the confrontation does not reach the goal, i.e. failed to eliminate the contradictions in the testimonies of the interrogated, it is necessary to check them with the help of other investigative actions.

13.9. presentation for identification

Presentation for identification is an investigative action in the course of which an identifying person is presented with an object in order for him to establish its identity or difference with the object about which he previously testified.
The presentation for identification must necessarily be preceded by an interrogation of the identifying person. It can be a witness, victim, suspect or accused. The record of the interrogation must reflect whether the given participant in the process will be able to identify any person or object observed by him earlier and on what grounds.
If he declares that he will not be able to identify the object or cannot name special signs or signs of the object, presentation for identification loses all meaning.
Depending on the object, there is a presentation for identification of a person, object, corpse. In practice, there is also a presentation for identification of animals, premises, buildings, terrain and other objects.
Presentation for identification is carried out in the presence of attesting witnesses.
A person is presented for identification together with other persons who are as similar as possible in appearance (of the same sex, approximately the same height, age, if it matters - with the same color of hair, eyes, in similar clothes, etc.). The total number of persons presented for identification must be at least three. This rule does not apply to the identification of a corpse.
Before the start of the investigative action, the identifiable person is invited to take any place among the presented persons, which is noted in the protocol.
The object is presented for identification in a group of homogeneous objects in the amount of at least three. Usually they are located under the corresponding numbered cards. The protocol should reflect the number under which the identifiable item is located.
If it is impossible to present for identification of a person or object in kind, it can be made from a photograph presented simultaneously with photographs of other persons or objects that are outwardly similar to the identifiable person. The number of photographs must be at least three, which are also located under the numbers.
The identifying person is invited to the premises where the identification is carried out only after the specified actions have been performed.
If the identifying person is a witness or a victim, then they are warned about the responsibility for refusing to testify and for giving knowingly false testimony, which is noted in the protocol.
The identifying person is invited to inspect the presented objects and indicate the person or object about which he previously testified, as well as to report on what signs or signs he made the identification. Leading questions are not allowed.
It is impossible to carry out repeated identification of a person or object by the same identifying person and on the same grounds.
If there is a threat to the identity of the identifying person, by decision of the investigator, the identification may be carried out under conditions that preclude visual observation of the identifying person by the person being identified. In this case, witnesses are at the location of the identifying person.
A protocol is drawn up on presentation for identification. It indicates information about the identity of the identifying person, about the persons and objects presented for identification, and, if possible, the testimony of the identifying person is verbatim. If the presentation of a person for identification was carried out under conditions that preclude visual observation of the identifying person by the identifiable person, then this fact must be reflected in the protocol. The protocol is read aloud by the investigator. The persons participating in this investigative action shall have the right to demand additions and amendments to it. The protocol is signed by all those present at the identification.

13.10. On-site verification

Verification of testimony on the spot - an investigative action consisting in checking or clarifying the testimony of a previously interrogated participant in the process at the place associated with the event under investigation, in order to establish new circumstances that are relevant to the case.
A decision on the production of verification of testimony on the spot is not issued. During the production of this investigative action, the presence of attesting witnesses is mandatory. A defender, translator, specialist can take part in it.
If there are grounds for verifying testimony on the spot, the investigator suggests that the relevant participant in the process show the place about which he testified and repeat what was said during the interrogation there. At the same time, he must independently, without prompting, indicate the place where his testimony will be checked, and reproduce the situation and circumstances of the event under investigation, point to objects, documents, traces that are important for the criminal case, demonstrate certain actions. Any outside interference in the course of the check and leading questions are unacceptable. After a free story, the person whose testimony is being verified may be asked questions.
If it is necessary to check the testimony on the spot of several persons, this must be done at different times.
Based on the results of checking the testimony on the spot, a Protocol is drawn up, which describes in detail everything that happens.
Checking testimony on the spot is in many ways similar to an investigative experiment and to surveying the area in the presence of any participant in the process. The difference is that in the first case, previously given testimony is checked and specified; in the second, as a rule, the possibility of committing one or another action under certain conditions is established, and in the third, the person involved in the examination can help to establish the scene and traces of the crime.

13.11. Appointment and production of expertise

Expertise is an investigative action that consists in conducting a study of various objects using special knowledge in science, technology, art or craft to establish the circumstances relevant to the case. Article 196 of the Code of Criminal Procedure of the Russian Federation establishes cases of mandatory examination.
The appointment and production of an expert examination is mandatory if it is necessary to establish:
1) causes of death;
2) the nature and degree of harm caused to health;
3) the mental or physical state of the suspect, the accused, when there is doubt about his sanity or ability to independently protect his rights and legitimate interests;
4) the mental or physical state of the victim, when there is doubt about his ability to correctly perceive the circumstances that are important for the criminal case and give evidence;
5) the age of the suspect, the accused, the victim, when this is important for the case, but documents on age are missing or in doubt.
Having recognized the need to conduct an expert examination, the investigator draws up a reasoned decision on this, which indicates: the grounds for appointing a forensic examination; surname, name and patronymic of the expert or the name of the expert institution in which the forensic examination will be carried out; questions put to the expert and materials placed at his disposal.
Questions that are put to the permission of the expert should be within his competence. It is not allowed to raise questions of a legal nature before the expert.
When the resolution of the issues raised is of considerable difficulty, a commission examination may be appointed, i.e. conducting an expert study by several specialists in one field of knowledge or a comprehensive examination - conducting a study by experts of various specialties to clarify issues that cannot be resolved by experts in one specialty.
When deciding on the appointment of an examination, the investigator has the right, on the basis of a decision, to obtain handwriting samples or other samples (blood, saliva, sperm, hair, etc.) from the suspect or accused, necessary for a comparative study.
The same samples can be obtained from a witness or a victim, but only if necessary to check whether these persons have left traces at the scene or on material evidence. If necessary, the removal of samples is carried out with the participation of a specialist.
A protocol is drawn up on the receipt of samples for a comparative study.
Samples for comparative research can be obtained in the course of other investigative actions - search, seizure, etc. In this case, their seizure is reflected in the protocol of the corresponding investigative action. In addition, if obtaining samples for a comparative study is part of a forensic examination, then it is carried out by an expert, which should be reflected in the conclusion.
The procedural procedure for the production of an examination depends on where it is carried out - in an expert institution or outside an expert institution.
In the first case, having made a decision to conduct an expert examination, the investigator sends to the expert institution his decision and the materials necessary for the performance of the expert examination. The head of the expert institution entrusts the performance of the expertise to one or more employees of this institution. At the same time, the head of the non-state expert institution explains to the employees who are entrusted with the production of the expertise, their rights and responsibilities.
When conducting an expert examination outside an expert institution, the investigator calls an expert, ascertains his identity, specialty and competence, ascertains the expert’s attitude towards the accused, the suspect and the victim, and checks whether there are grounds for challenging the expert. Then the investigator hands the expert a decision on the appointment of an examination, explains to him his rights, duties and responsibilities.
The investigator has the right to be present during the examination.
When appointing and conducting an expert examination, the suspect, the accused, the victim and the witness have broad rights.
First, a forensic examination of a witness can only be carried out with his consent or with the consent of his legal representative. The same consent is required to be obtained from the victim, with the exception of cases provided for in paragraphs 4 and 5 of Art. 196 of the Code of Criminal Procedure of the Russian Federation (when it is necessary to establish his mental, physical condition or age).
Secondly, the accused, the suspect and the victim have the right to get acquainted with the decision on the appointment of a forensic examination, challenge the expert or petition for the conduct of a forensic examination in another expert institution.
The accused and the suspect have the right to apply for the involvement of the persons indicated by them as experts or for the conduct of a forensic examination in a specific expert institution; petition for the introduction of additional questions to the expert in the decision on the appointment of a forensic examination; to be present with the permission of the investigator during the forensic examination, to give explanations to the expert; get acquainted with the expert's opinion or the report on the impossibility of giving an opinion, as well as with the protocol of the expert's interrogation.
The witness and the victim, in respect of whom the forensic examination was carried out, are also entitled to get acquainted with the expert's opinion,
So, he has the right: 1) to challenge the expert; 2) to request the appointment of an expert from among the persons indicated by him; 3) submit additional questions to obtain an expert opinion on them; 4) to be present with the permission of the investigator during the examination and give explanations to the expert; 5) get acquainted with the expert's opinion.
If during the production of a forensic medical or forensic psychiatric examination there is a need for stationary observation, the investigator places the accused or suspect in an appropriate medical institution.
Placement in a medical-psychiatric institution of an accused or suspect who is not held in custody is carried out on the basis of a court decision.
The results of the studies carried out by the expert are documented by the expert's conclusion, which is given in writing and signed by the expert.
The conclusion must indicate: date, time, place and grounds for conducting a forensic examination; the official who ordered the forensic examination; information about the expert institution, as well as the surname, name and patronymic of the expert, his education, specialty, work experience, academic degree, academic title, position held; information about the expert's warning about responsibility for giving a deliberately false conclusion; questions put to the expert; objects of research and materials submitted for the production of a forensic examination; data on the persons present during the forensic examination; the content and results of research with an indication of the methods used; conclusions on the questions put to the expert and their justification.
If, during the performance of the expert examination, the expert establishes circumstances that are important for the case, on which he was not asked questions, he has the right to indicate them in his opinion.
After the expert has given a conclusion, the investigator has the right to interrogate him in order to clarify the conclusion he has given. However, the expert cannot be interrogated about information that is not related to the subject of this forensic examination, even if they became known to him in connection with the forensic examination.
In case of insufficient clarity or completeness of the expert's opinion, as well as in the event of new questions regarding previously investigated circumstances, an additional forensic examination may be appointed, the production of which is entrusted to the same or another expert.
If there are doubts about the validity of the expert's opinion or there are contradictions in the expert's conclusions, a repeated expert examination may be appointed on the same issues, the production of which is entrusted to another expert.

In this regard, the primary task is a comprehensive review of the system of verification actions, the production of which in today's conditions is possible by an authorized official when verifying a report on any committed or impending crime. In order to determine the system of verification actions, the production of which is possible when checking a report of a crime, it is necessary to outline the boundaries in which these actions are carried out, and these boundaries are determined by the stage of initiating a criminal case (from the moment a statement or report of a crime is received until a decision is made on

The problem of performing investigative actions before initiating a criminal case (Naumov A.

In particular, the seizure of objects and documents containing state or other secrets protected by federal law, objects and documents containing information on deposits and accounts of citizens in banks and other credit organizations, as well as things pledged or deposited in a pawnshop, is carried out on the basis of court decision (part 3 of article 183 of the Code of Criminal Procedure of the Russian Federation).

The procedure for the production of investigative actions in certain stages of the Russian criminal process

The success of the entire investigation often depends on how forensically competently this investigative action is carried out. Therefore, it is no coincidence that criminologists emphasize the importance of examining the scene and the objects found there. Recall that the well-known Russian lawyer of the 19th century V. Leontiev wrote back in 1887: “Inspections form the basis of the entire investigation, and there is no limit to the thoroughness with which they are. should be produced."

In this regard, the author of the work considers it appropriate to introduce amendments to the Code of Criminal Procedure of the Russian Federation that regulate in detail the management of the implementation of procedural actions when a crime is reported. In this case, the procedural status of the person authorized to give instructions for the production of investigative actions carried out before the initiation of a criminal case should be established. It is unacceptable that subdivisions of law enforcement agencies, at their own discretion, carry out investigative actions, when such a need arises in the course of carrying out operational-search measures. According to the author, the legislator should establish a direct ban on conducting investigative actions carried out before the initiation of a criminal case without a written order from the person authorized to conduct a preliminary investigation.

Topic #8

2) to determine the mental state of the accused or suspect in cases where there is doubt about their sanity or ability to realize the actual nature and social danger of their actions (inaction) or to control them by the time of the proceedings;

Production of investigative actions

Only the person in charge of the criminal case, as well as the supervising prosecutor, have the right to carry out investigative actions. On the instructions of the investigator, individual investigative actions in the case being in his proceedings may be carried out by bodies of inquiry or other investigators. Investigative actions can be carried out only after the initiation of a criminal case. An exception is made only for the inspection of the scene of the incident, the examination and the appointment of an expert examination, which can be carried out before the initiation of a criminal case.

What investigative actions can be carried out before a criminal case is initiated

■ Search. When investigating criminal cases related to NON, a timely search plays an important role. The identities of suspects in such cases can be established in advance, so searches should be planned simultaneously with the arrest of suspects, which makes it possible to use the element of surprise and facilitates the search for material evidence: empty ampoules from various drugs; burners for soldering drug-filled ampoules; medical syringes and needles; dishes; remnants of packaging material, weapons, etc.

Investigative actions before initiating a criminal case

The task facing such obtaining samples for a comparative study is the collection of reference material (sample) that can be used to conduct a comparative expert study of the evidence available in the verification material of the statement (message) about the crime.

Criminal trial Website of Konstantin Kalinovsky

It seems that the legal consequences of the seizure at the stage of the pre-investigation check (as well as the consequences of other violations of the law committed when obtaining evidence) should also be commensurate with the nature of the violation. As sanctions, the legislation provides for fairly differentiated measures: recognition of evidence as inadmissible (Article 75 of the Code of Criminal Procedure of the Russian Federation), issuance of a private decision (determination) of the court (part 4 of Article 29 of the Code of Criminal Procedure of the Russian Federation), removal of the inquirer, investigator from further investigation, if they are allowed violation of the requirements of the law (clause 10, part 2, article 37; clause 6, part 1, article 39 of the Criminal Procedure Code of the Russian Federation), bringing the violator of the norms to disciplinary, civil and even criminal liability, etc. To the differentiated reaction of the courts for each identified Violation or restriction of the right of the accused to defense is also oriented by the Plenum of the Supreme Court of the Russian Federation.

Investigative actions

Most investigative actions are allowed only after the initiation of a criminal case. Some (inspection, examination, obtaining samples for a comparative study, forensic examination) can be carried out even before the initiation of a criminal case - when checking a statement (report) about a crime (see article).

Inspection of the scene of the incident, documents and objects can be carried out before the initiation of a criminal case

In the expert's opinion indicate (Article 204 of the Code of Criminal Procedure of the Russian Federation): the date, time and place, the basis for the production of a forensic examination; the official who appointed her; information about the expert institution, as well as the surname, name and patronymic of the expert, his education, specialty, work experience, academic degree and (or) academic title, position held; information about the expert's warning about responsibility for giving a deliberately false conclusion; questions put to the expert; objects of research and materials submitted for the production of a forensic examination; data on the persons present during the forensic examination;

Investigative actions

Control and recording of negotiations(Article 186 of the Code of Criminal Procedure). If there are sufficient grounds to believe that the telephone and other conversations of the suspect, the accused and other persons may contain information relevant to the criminal case, their control and recording is allowed in criminal proceedings on grave and especially grave crimes only on the basis of a court decision. 165 of the Code of Criminal Procedure).

What investigative actions can be carried out before a criminal case is initiated

Certification. According to Part 1 of Art. 179 of the Criminal Procedure Code of the Russian Federation, in order to detect special signs, traces of a crime, bodily injuries on a person’s body, to identify a state of intoxication or other properties and signs that are important for a criminal case, if this does not require a forensic examination, an examination of the suspect, the accused, the victim, as well as a witness with his consent, except in cases where an examination is necessary to assess the reliability of his testimony. In urgent cases, an examination may be carried out before the initiation of a criminal case.

Investigative actions that can be carried out before the initiation of a criminal case

In these cases, the investigator must determine in the protocol of the inspection the reasons that led to the conduct of the inspection without a judge's decision, and within a day from the moment such an action was taken and its consequences, notifies the prosecutor who carries out the search during the pre-trial investigation.

Features of the production of investigative actions at the stage of initiating a criminal case

Appointment and production of expertise. According to Part 1 of Art. 144 and part 4 of Art. 195 of the Code of Criminal Procedure of the Russian Federation, a forensic examination may be appointed and carried out before the initiation of a criminal case. Proposals to allow an expert examination at the stage of initiating a criminal case have been formulated by a number of specialists for a long time. Their implementation was held back by the fact that the examination is not only a study, but a complex of the most complex relationships between the participants in the process with power subjects and among themselves regarding this study. But before the initiation of a criminal case, there are still no participants with a formed status. The decision to appoint an expert examination should be familiarized with: the person in respect of whom the check is being carried out, the victim, their representatives (i.e. potential suspects, their defenders, victims, their representatives). At the same time, these persons have the right to exercise the full range of rights provided for in Art. 198 Code of Criminal Procedure of the Russian Federation. This follows from the general procedure for the production of an examination and from the provisions of Part 11 of Art. 144 of the Criminal Procedure Code of the Russian Federation, which determine that the participants in the verification activity are granted the rights that similar participants in the preliminary investigation have (for example, the person against whom the application is filed exercises the rights of the suspect, the applicant - the rights of the victim). A wide range of rights in the production of expertise has an expert (Article 57 of the Code of Criminal Procedure of the Russian Federation). Therefore, the difficulty lies, firstly, in determining the circle of persons interested in the course and results of the examination, who need to propose a resolution to familiarize and exercise the rights provided for by law, and secondly, in organizing the entire procedure for familiarizing and resolving possible applications under conditions of limited (without use of the possibility of extending the term for consideration of a report of a crime) time. In accordance with Part 3 of Art. 144 of the Code of Criminal Procedure of the Russian Federation, if it is necessary to conduct a forensic examination, the head of the investigative body at the request of the investigator, and the prosecutor at the request of the interrogating officer, has the right to extend this period up to 30 days.