Inquiries - who are they? Definitions, roles and responsibilities
The name of the profession the investigator speaks about the specifics of the work - such people lead the inquiry. It is on them that the most important component of the preliminary investigation rests. Regardless of whether this is a general form of inquiry or a shortened one, the people who carry it out are investigators. Let's look at this profession from the procedural point of view with the help of the law. We define not only the general characteristics, but the functions, powers, duties and rights of officials.
General characteristics of the inquirer
Investigators are special officials, employees who have passed certification, who carry out a preliminary investigation in the form of an inquiry according to the norms of the Criminal Procedure Code of the Russian Federation. They implement their activities only with the permission of the head of the body of inquiry, in rare cases it can be replaced by a deputy.Such a procession exists only in government bodies, in firms, private enterprises and corporations the activity of the inquirer is prohibited. This is a feature and is regulated by law.
In which institutions you can meet these employees?
The structure of not every authority includes the post of the inquirer. The procedural law says that it is an official of the body of inquiry. But where do they still work? We give a list of institutions in which the employee is and describe briefly his activities:
- Bodies of internal affairs. Perhaps the most common structure in which the investigator is found. In many divisions, there are departments of inquiry, in which employees actively work in conducting investigative actions, compiling procedural documents and sending ready-made materials of the case to the prosecutor.
- Border Service of the Federal Security Service of Russia. One of the activities is operational search. The number of officials carrying it includes investigators. They identify, as well as investigate crimes in a narrower sphere than the ATS, the protection of the state border, the economic zone, and the provision of access control.
- Bailiffs Service.The Investigator-bailiff carries out procedural actions and take meaningful decisions regarding the process of verifying allegations of preparation or commission of crimes. These powers are new to bailiffs, but despite this, the direction is developing. Of course, there are fewer cases in the investigative jurisdiction of the bailiffs-inquirers than in the investigators of the ATS, but this is only the beginning.
- State Fire Service, which is included in the Emergencies Ministry. It also has a department of inquiry, and the investigator in it accepts and investigates cases related to the violation of fire regulations. Activities are also governed by procedural law. If necessary, the case can be transferred to the body of inquiry of another structure.
As we see, investigators are an important and common profession that exists in completely different institutions. The essence of the work remains unified, only the direction of affairs and jurisdiction changes.
Procedural status of the investigator
The term "investigator" in the procedural law of the RSFSR was not at all, its legislator introduced only the new edition. Such an official can initiate a case and investigate it in a relatively new form - the inquiry.The procedural status is enshrined in the CPC, as well as in some federal laws, when it comes to specific units - the border guard, bailiffs and others.
The status includes the rights and duties of an official, his place in the system of law enforcement agencies, as well as powers.
Investigating the procedural legislation, it is possible to identify some of the competencies of the official, with which you can make a general picture of the work. These rights include:
- Accept and verify messages that come from unauthorized persons and in any way relate to new crimes or have already committed.
- If there is not enough time to check a message, apply for an extension of the period (as a general rule, it is 3 days).
- Officially make a decision on the audit and draw it in the prescribed form of the procedural document.
- In case of a positive decision, conduct an inquiry in the form in which it is regulated by law.
- Implementation of investigative actions (urgent), which are entrusted by the head.
- Use coercive measures if necessary.
- The actions of the head can be appealed against to the prosecutor, and the inquiry officer can appeal against the decision of the prosecutor with the superior prosecutor.
Within the limits of procedural law, an official may have other rights that will facilitate the detection of a crime without violating human rights.
Responsibilities of the inquiry officer
In addition to rights, the law gives the investigator a number of responsibilities arising from the specifics of the work. Responsibilities include:
- Do not violate the principles of the legislation of the Russian Federation, and also strictly follow the requirements of the law.
- To apply coercive measures only when they are necessary, observing all the provisions of the law in terms of terms and conditions of implementation.
- Conduct evidence according to the rules of procedural law.
- Tell the applicant about the decision taken by the official and what it means, what are the legal consequences, and also provide the procedural document.
- Irreproachably carry out the orders of the head and the prosecutor.
- If a positive decision is made after verification, everything must be done to preserve the picture of the crime and the evidence.
- If for some reason the correctness and correctness of the actions of the inquirer are called into question, declare rejection and transfer the case to another investigator.
- Within the framework of the law, other duties may also be imposed that do not contradict the basic principles.
What is the peculiarity of the inquiry?
We have previously indicated that only the investigator can investigate cases in the form of an inquiry, which is why it is worth defining some features:
- The investigation of investigators includes only the crimes listed in the procedural law (Article 150 of the Code of Criminal Procedure). For example, theft, damage to another's property through negligence or robbery. Criminal cases of the inquiry officer may be transferred to the investigator if it is impossible to disclose them within the framework of the inquiry.
- Reduced investigation time - the inquiry is carried out within 30 days as a general rule. If necessary, the official may extend the deadline up to 30 days plus.
- When a case is initiated on the fact of a crime and initially there are all the facts that reduce to the suspicion of a particular person, the inquiry officer makes a notification of suspicion. From this point on, the person is a suspect.
- The final document of the inquiry is the indictment. It indicates the results of the work done, after which everything is sent to the prosecutor.
Who does the inquiry officer report to?
The hierarchy is multistage, but not complex:
- The immediate head of the inquiry officer is the head of the division of inquiry. It is he who coordinates the work, gives instructions, directs forces in solving a crime. The head of this level carries out an inspection of documents and case materials, and it is to him that the orders of the investigator and the indictments are sent for approval.
- The next level is the head of the body of inquiry, which is subordinate to the previous head. If the investigator is not satisfied with the decisions and actions of the first head, he can appeal against them to the head of the body, which is a link with the prosecutor.
- The relationship of the preliminary investigator - the prosecutor arises only at the time of completion of the investigation. It is to him that the official sends the case file and the indictment, and if there are any amendments from the prosecutor, accepts them and corrects them. In the event that a decision is taken on the absence of corpus delicti or insufficient evidence, the decision is also sent to the prosecutor.
Is the investigator and the inquiry officer one and the same?
Both of them are employees of the preliminary investigation. There are two forms - a consequence and an inquiry. The first form is carried out by investigators, they have a wider range of crimes under their jurisdiction, they have the authority to investigate all crimes. Investigators can investigate crimes in the form of inquiry - their circle is limited. There are some significant differences between these forms, which leave an imprint on the status of officials. The only thing you need to remember - the difference in the forms of activity.
Investigators are among the leading figures in the preliminary investigation. Based on this, there are only two important functions of the investigator. The first is the initiation of criminal proceedings. The second is the investigation of a crime and the adoption of a procedural decision on the results with the aim of sending the case to court.