Art. 164 of the Code of Criminal Procedure. "General rules for the production of investigative actions." Comments

To detect and consolidate evidence in the case, investigative actions are carried out . устанавливает порядок их осуществления, документирования итогов, сроки. The CPC establishes the procedure for their implementation, documenting the results, and timing. The Code also fixes the rights and obligations of the participants. . Let us now consider the rules for the production of investigative actions .

Base

As required by Art. ), процессуальные мероприятия, предусмотренные нормами 178 (ч. 3), 182-183 и 179 Кодекса, осуществляются в соответствии с постановлением служащего, в чьем ведении находится дело. 164 of the Code of Criminal Procedure of the Russian Federation (in the new wording ), procedural measures provided for by the norms of 178 (part 3), 182-183 and 179 of the Code, are carried out in accordance with the decree of the employee in charge of the case. In the cases specified in clauses 11-12, 4-9, 12 of part 29 of the article, the decision of the court is the basis.

Law requirements

As the third part of Art. 164 of the Code of Criminal Procedure, procedural measures can not be carried out at night. The exception is provided only for those of them that do not require urgent. Initial investigative actions, as, indeed, all the work of authorized persons, should be carried out only within the framework of the law. In this regard, procedural measures should not be accompanied by violence, threats, the use of other illegal measures, including those posing a danger to the participants.

Preparatory stage

As the art. 164 of the Code of Criminal Procedure, when recruiting individuals for procedural measures, the authorized officer must verify their identity, explain to them their rights and responsibilities, and describe (in brief) the course of a procedure. The number of participants in the criminal process, as a rule, is quite extensive. They include, in particular, witnesses, victims, interpreters, experts, experts. All these persons, according to Art. 164 of the Code of Criminal Procedure, should be warned of the liability provided for by Art. 307 and 308 of the Criminal Code.

Additionally

могут осуществляться с использованием технических средств и способов обнаружения, изъятия, фиксации следов и вещественных доказательств. As stated in the Criminal Procedure Code, investigative actions can be carried out using technical means and methods of detection, seizure, fixation of traces and material evidence. Prior to the commencement of the event, the authorized employee must notify the participants about their application. Employee, according to Art. , может привлечь к процедуре должностное лицо структуры, осуществляющей оперативно-розыскную работу. 164 of the Code of Criminal Procedure of the Russian Federation , may involve an official of the structure carrying out operational search activities to the procedure. This should be noted in the protocol, which is maintained during the course of the event. . The same act records the results of investigative actions .

Procedure structure

Considering Art. юристов, можно отметить, что специалисты обращают внимание на особенность процессуального мероприятия, проводимого следователем. 164 of the Code of Criminal Procedure with comments of lawyers, it can be noted that experts pay attention to the peculiarity of the procedural activity conducted by the investigator. There are several stages in it:

• search;
• Fixing;
• Certifying.

At the same time, the goals set should be achieved with strict observance and ensuring the rights and interests of the participants in the process. The initial stage involves the identification of specific individuals involved in the production of the action. They, as mentioned above, explain duties and rights, they are notified of the use of technical means. Depending on the status of the subjects, they are warned about the consequences of violation of the legal provisions. The substantive stage of the action includes the conduct of search activities. In addition, you consolidate the information that was detected. связано с фиксацией информации в протоколе. The completion of investigative actions is related to the fixation of information in the protocol. Participants can familiarize themselves with the document, express their objections. If subjects have doubts about certain facts reflected in the protocol, a corresponding note is made in it.

Specificity

закрепляются законом. All permissible types of investigative actions are fixed by law. Law enforcement officers, therefore, can not carry out activities that are not stipulated in the norms. Investigative actions must be distinguished from other procedures provided for in procedural law. First of all, the measures under consideration are aimed at obtaining information on the facts that are subject to further proof. Each circumstance is confirmed / refuted in the established order. The law establishes the rules by which an investigator can obtain a particular proof. However, each action involves the implementation of specific procedures. They ensure that the required evidence is obtained, the process and outcome of the event are reflected in the protocol. This document must be signed by all participants in the procedural event.

Classification

The law provides for such types of investigative actions as:

• confrontation;
• Interrogation;
• Checking the face readings on the spot;
• Identification;
• Investigative experiment;
• Appointment and execution of the examination;
• search;
• Survey;
• Seizure;
• Control, recording of conversations;
• Receiving information about subscriber connections or between subscriber devices.

Some procedural measures share similarities with the above measures. At the same time, some of them are of a provisional, preliminary nature. For example, the imposition of seizure on postal (telegraph) correspondence, obtaining samples for comparative analysis, exhumation of the corpse and so on.

Principles of implementation of activities

General rules for the implementation of investigative actions reflect the content of the requirements of the law. They presuppose the humanism of norms, they act as provisions that are generally distributed to all activities provided for by the Code. The meaning of rules is determined, in fact, by the very essence of the investigative actions performed, in the process of which evidence is identified and consolidated. They extend to different sides of the process and act against all persons involved in it.

Important points

The investigator takes a decision on the execution of the investigative action. However, the law does not require the presentation of it in any separate document. But when carrying out actions that significantly affect the interests and rights of organizations and individuals, the investigator must issue an appropriate resolution. This document, for example, is necessary in making decisions about the exhumation of a corpse, a search, an examination, a seizure. Paragraphs 11-12, 4-9 of the Article 29 of the Code establish cases when the basis for executing investigative actions is a judicial decision. At the same time, lawyers note that not all the events for which such a resolution is needed are listed in this rule. For example, the exhumation of the body is not indicated in the absence of consent from relatives. Specialists also note that the reference to the provisions of Article 29 significantly expands the notion of "investigative action". In fact, according to lawyers, this instruction allows us to identify it with the procedural action carried out in the framework of the preliminary investigation. This, according to experts, does not quite correspond to the title of Article 164.

Restrictions

As stated in this article, the implementation of activities is not allowed at night. Investigative actions can be made from 6.00 to 22.00 (local time). In this case, there is normally one reservation. The law allows the conduct of actions at night, if the investigator has reasonable fears that evidence in the case may be irretrievably lost, hidden or the person suspected of an act will disappear. That is, we are talking about cases that indicate the need for immediate implementation of activities. The grounds for such investigative actions are necessarily reflected in the resolution. If its removal is not required, the corresponding entry is made in the protocol.

Direct prohibitions

In the course of investigative actions, the use of physical or mental violence, threats, other unlawful measures, the creation of a danger to the health / life of participants or other persons is not allowed. The Criminal Code establishes responsibility for illegal actions of law enforcement officers. In particular, punishments are provided for compelling citizens to testify. This is not only about witnesses, suspects, victims. It is not allowed to pressure the expert, blackmail, the use of violent methods, torture, bullying, etc.,

Interim Measures

In the production of the investigative action, different subjects of the court proceedings may be involved from both the prosecution and the defense. In addition, an authorized employee may involve an employee of a structure performing operational search operations. In the course of each investigative action, the investigator must implement interim measures against the participants. Confirming their identity, the employee lists and explains to them the content of their duties and rights, warns individuals about liability under articles 307 and 308 of the Criminal Code. The protocol should include the signature of each participant that they were all explained.

Technical means

Currently, they are increasingly used in the conduct of investigative activities. Modern technical means allow to quickly and reliably record the information received. Legislation does not determine the list of devices that an investigator can use. Accordingly, technical means can be very different. Their main purpose is to detect, fix and remove traces, as well as material evidence. All technical means, of course, must meet the safety requirements, to allow the information received, detected during the event to be objectively, without any distortions. Legislation requires preliminary notification to participants of an investigative action about the use of special equipment or devices.

Conclusion

Investigative actions occupy one of the key places in the work of law enforcement officers. These procedural measures are aimed at restoring the picture of the event. The investigator must carry out all actions in compliance with the principles of legality and validity. Do not exceed the authority and use of unlawful measures. In the course of their work, the investigator / investigator is obliged to ensure the realization of the rights of participants in the proceedings, to stop the unlawful actions of persons who obstruct an objective investigation. In the arsenal of an employee there are enough procedural means for this. Of course, applying them, he also should not forget about the need to follow the letter of the law.