2.1 Structure and competence of the ATC Investigation Department
The head of the investigative department reports to the head of the Investigative Committee of the Ministry of Internal Affairs of the Russian Federation, as well as the minister of internal affairs of the republic, the head of the Main Department (Department) of Internal Affairs, whose deputy he is ex officio.
The lower investigative units are the investigative departments of district, city internal affairs bodies and internal affairs bodies in transport. They do not have structural subdivisions, but it is possible for investigators to specialize in certain categories of criminal cases. The head of the investigative department (department) reports to the head of the city (district) internal affairs body, the internal affairs body in transport, is his deputy, as well as the head of the higher investigative unit Yu. A. Lukinichev, S. I. Vakhmistrova Law enforcement agencies: a course of lectures. SPb., 1999. S. 137-138. .
Under the leadership of the deputy chief of the Internal Affairs Directorate - the head of the investigative department (department) are:
investigative department (department);
forensic department (department, department);
management (department, office) for the investigation of organized criminal activity (investigative unit).
The investigative department (department) includes an organizational and methodological department (department) and an investigative unit. Taking into account headcount and, depending on local conditions, the organizational and methodological department may include departments, groups in certain areas of official activity (accounting, analysis, zonal and linear control, industry specialization, etc.) in such a number of investigators that would provide proper functioning of the investigative apparatus. The investigative unit, as a rule, specializes in investigating complex cases of crimes in the sphere of the economy and crimes in the criminal investigation line, for which appropriate structural units.
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Introduction
Introduction
2. Documents primary accounting
Conclusion
Introduction
In the period from 07/01/13 to 07/14/13, I, Bagdasaryan Arnold Manvelovich, completed an internship in the Investigation Department of the Investigation Department of the Investigative Committee of the Russian Federation for the Stavropol Territory in the city of Kislovodsk.
The practice aims to deepen and consolidate the knowledge gained in the process of theoretical training. Students acquire the necessary skills, abilities and experience to work in law enforcement.
During the internship, I got acquainted with the structure of the investigation department, the general organization of the work of the investigation department, the procedure for receiving visitors, the planning of work in the investigation department and statistical reporting forms, the execution of procedural documents and the conduct of various investigative activities, such as an investigative experiment, conducting confrontation, interrogation of a witness, suspect, victim, summons to the investigator, identification.
I drew up decisions on the initiation of a criminal case, protocols for examining the scene, decisions on choosing a measure of restraint, protocols for interrogating a suspect, protocols for seizure, and I was also able to personally participate in some procedures of investigative actions.
In the course of my internship, I got acquainted with the specific work of the investigative apparatus, I was present during the production of investigative actions. During the passage educational practice got acquainted with the normative documents of the investigative unit, provided practical assistance to the investigator, performing individual assignments. Received some practical skills in the investigation of criminal cases.
Preliminary investigation bodies in the system of the Ministry of Internal Affairs of the Russian Federation are units that carry out preliminary investigation in criminal cases (investigative apparatuses are also available in the prosecutor's office, security and tax police).
The preliminary investigation bodies are headed by the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation (as the main department), the head of which is the Deputy Minister of Internal Affairs.
In the federal districts, there are 7 investigative departments of the Investigative Committee, headed by chiefs with the rank of deputy head of the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation.
Under the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Internal Affairs Directorate of the constituent entities of the Russian Federation, the departments of internal affairs in transport and sensitive facilities, there are 115 main investigation departments (GSU) and investigation departments (SU), as well as more than 2.5 thousand investigative departments subordinate to them, investigative departments, investigative groups and investigative units (on the rights of departments, divisions and departments) to investigate organized criminal activity.
The GSU and SU carry out the functions of financial, logistical, personnel, legal support in relation to the lower investigative bodies of the Ministry of Internal Affairs; departmental control over the investigation of criminal cases; methodological assistance; information, analysis and forecast.
Investigators of the investigative units for the investigation of organized criminal activity of the Main Investigative Directorate and the Investigative Directorate, investigative departments and groups under the regional departments of internal affairs directly investigate criminal cases on crimes related to the jurisdiction of the internal affairs bodies, and send them to the prosecutor for approval of the indictment and referral to the court.
When conducting a preliminary investigation, the investigator makes all decisions on the direction of the investigation and the performance of investigative actions independently, except in cases where the law provides for obtaining a sanction from the prosecutor, and bears full responsibility for their legal and timely conduct. At the same time, the relationship between the supervising prosecutor and the investigator is based on the principle of the latter's independence. The investigator may not comply with the instructions of the prosecutor, in the cases indicated by the procedural law, by submitting his objections to a higher prosecutor, who either agrees with the investigator and cancels the instructions received by him, or does not agree with them, but then the case is transferred to another investigator.
The bodies of preliminary investigation in the system of the Ministry of Internal Affairs of Russia carry out a preliminary investigation on an average of 90% of crimes for which a preliminary investigation is mandatory.
Thus, the investigation of criminal cases in the system of the Ministry of Internal Affairs is of great importance.
1. Bodies of preliminary investigation
1.1 The concept of preliminary investigation
Preliminary investigation is the activity of specially authorized bodies and officials regulated by the criminal procedure law to establish the actual circumstances of the crime, the guilt of the person who committed it, to bring him to criminal responsibility, to protect the rights and freedoms of the individual violated by the crime, the legitimate interests of society and the state, protection from unfounded accusations and the rehabilitation of every innocent. Investigation of criminal cases refers to the preliminary investigation.
The bodies of preliminary investigation are endowed with special powers, which are listed in the Code of Criminal Procedure of the RSFSR. It is customary to distinguish between its two forms: preliminary investigation and inquiry.
Inquiry is carried out by specially authorized bodies of executive power - bodies of inquiry. There are similarities and differences between them.
Similarities: they perform the same tasks in relation to various types criminal offenses. They carry out their activities on the basis of a single Code of Criminal Procedure. Acts of inquiry have the same legal significance as acts of preliminary investigation.
Differences: carried out by different bodies. According to the requirements of Article 126 of the Code of Criminal Procedure, the body of inquiry initiates a criminal case, performs urgent investigative actions on it, and within 10 days transfers the case to the investigator, who carries out further proceedings in accordance with Article 109 of the Code of Criminal Procedure.
The bodies of inquiry are entrusted with the adoption of the necessary operational-search and other measures provided for by the criminal procedure law, necessary for the prevention and suppression of crimes (Article 118 of the Code of Criminal Procedure).
1.2 general characteristics bodies of preliminary investigation
The law defines four investigative apparatuses of various law enforcement agencies: investigators of the prosecutor's office, internal affairs agencies, Federal Service security and tax police.
The activities of the preliminary investigation bodies are regulated by the Code of Criminal Procedure, in accordance with which they solve the following main tasks: the rapid disclosure of a crime, the identification and exposure of all the accused; comprehensive, complete and objective investigation of a criminal case; search and procedural registration of evidence, both incriminating and justifying the accused; formation of charges in accordance with the requirements of the law; observance of the interests and rights of all participants in the process in criminal proceedings; taking measures to compensate for material damage and eliminate the negative consequences of the crime; preventive impact on the causes and conditions that contributed to the commission of the crime.
The investigator is an official authorized within the competence provided for by the Code of Criminal Procedure to carry out a preliminary investigation in a criminal case. Its function is to investigate criminal cases in compliance with the requirement of a comprehensive, complete and objective examination of the circumstances of the case, to identify the circumstances both incriminating and justifying the accused, as well as mitigating his responsibility.
The Code of Criminal Procedure provides the investigator with the necessary powers to carry out investigative actions and make procedural decisions, as well as to apply measures of criminal procedure coercion. Decisions of the investigator are clothed in the form of resolutions, investigative actions are recorded in protocols, and the content of these documents, their form must comply with the circumstances of the criminal case and the requirements of the Code of Criminal Procedure of the Russian Federation.
When conducting a preliminary investigation, the investigator makes all decisions on the direction of the investigation and the performance of investigative actions independently, except in cases where the law provides for obtaining a sanction from the prosecutor, and bears full responsibility for their legal and timely conduct.
If in the course of the investigation he comes to the inner conviction that there is no corpus delicti in the materials of the investigation, then a decision is made to terminate the criminal case. Having collected sufficient evidence that gives grounds for bringing a person as an accused, the investigator independently issues a reasoned decision and charges. Having completed the investigation in full, he draws up an indictment on his own behalf and submits the case to the prosecutor for approval of the indictment and sending it to the court. The responsibility of the investigator and trust in him are so great that the legislator does not require certification of procedural documents with a seal, only the signature of the investigator is sufficient. Only resolutions requiring the approval of the prosecutor are certified by the seal.
In cases in which a preliminary investigation is mandatory, the investigator has the right to start conducting a preliminary investigation at any time, without waiting for urgent investigative actions to be carried out by the bodies of inquiry.
During the investigation, the investigator may give instructions to the bodies of inquiry on the conduct of search and investigative actions and demand from the bodies of inquiry assistance in carrying out certain investigative actions, such requests submitted in writing are mandatory for the bodies of inquiry. The decisions of the investigator issued in accordance with the law are binding on all enterprises, institutions, organizations, officials and individual citizens.
When investigating a case, the investigator has the right to detain the suspect in the commission of a crime, and if he has fled, or the person who committed the crime is not known, instruct the bodies of inquiry to search for them. All orders to the bodies of inquiry are given in writing and are binding.
The timing of the investigation is of great importance in the fight against crime. By general rule The preliminary investigation in a criminal case must be completed no later than within two months. This period includes the time from the date of initiation of the case and until the moment the case is sent to the prosecutor with an indictment or a decision to transfer the case to the court for consideration of the issue of applying coercive medical measures or termination or suspension of the proceedings. The term of the preliminary investigation may be extended by the prosecutor upon the decision of the investigator, when a multi-episode case is being investigated or when several accused are brought to criminal responsibility. Compliance with the established deadlines is necessary not only to ensure a complete and comprehensive study of the circumstances of the case, but also to ensure the rights and legitimate interests of the accused and the victim.
The preliminary investigation is suspended if the accused has absconded from the investigation and cannot be found, or in the event of a mental or other serious illness of the accused, certified by a doctor, or if the person to be charged as an accused is not identified, in accordance with Article 195 of the Code of Criminal Procedure of the RSFSR.
The preliminary investigation ends with the drawing up of an indictment, or a decision to send the case to the court to consider the issue of applying coercive measures of a medical nature, or a decision to dismiss the case, or a decision to stop the case with sending materials to the court for the application of administrative penalties.
Also, the case may be dismissed if there are circumstances excluding the proceedings, in accordance with Article 5 of the Code of Criminal Procedure of Russia. Or, according to Article 6 of the Code of Criminal Procedure of Russia, as a result of a change in the situation, or in connection with active repentance in accordance with Article 7 of the Code of Criminal Procedure of Russia, it can be terminated in relation to a minor, with the application of measures of educational influence. It is also terminated in connection with an example with the victim, it is also terminated in connection with the failure to prove the participation of the accused in the commission of a crime, if all possibilities for collecting coercive evidence have been exhausted.
After signing the indictment, the investigator immediately forwards the case to the prosecutor.
The actions of the investigator are under the supervision of the prosecutor, which is expressed in authorizing the production of certain investigative actions and giving instructions on bringing as an accused, on the qualification of the crime and the amount of the charge, sending the case for transfer of the accused to the court or dismissing the case. The investigator, relying on inner conviction, may not agree with the instructions of the prosecutor on these issues, and in this case the law gives the investigator the right to present the case to a higher prosecutor with a written statement of his objections. In such a situation, the prosecutor either cancels the instruction of the lower prosecutor or entrusts the investigation of this case to another investigator.
This is the general characteristic of the powers of the investigator and his procedural rights.
1.3 Preliminary investigation bodies of internal affairs bodies
In the activities of the investigative apparatuses of various departments, the determination of the limits of competence and the delimitation of powers is of great importance. The main regulator in these matters are the requirements of the Code of Criminal Procedure. Investigators of the internal affairs bodies investigate cases: on infliction of varying degrees of severity of harm to health; crimes against property; on drug trafficking and other crimes.
The investigative apparatus of the internal affairs bodies is part of the structure of the Ministry of Internal Affairs of the Russian Federation and, in accordance with the Decree of the President of the Russian Federation, it was established that the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation is a body that ensures, within its powers, the implementation of the legislation of the Russian Federation on criminal proceedings and heads the bodies of preliminary investigation in the system of the Ministry of Internal Affairs RF.
The Regulations on the bodies of preliminary investigation define the following tasks:
Ensuring, within the limits of their authority, the implementation of the legislation of the Russian Federation on criminal proceedings;
Organizational and methodological management of the investigation of crimes under investigation by investigators of the internal affairs bodies of the Russian Federation.
These tasks are implemented in the form of investigation of specific criminal cases initiated by investigators and bodies of inquiry; disclosure of crimes; compensation for damage caused by criminal acts; identifying and eliminating the causes and conditions conducive to the commission of crimes.
In addition, the preliminary investigation bodies analyze the investigative practice, organization and results of the activities of investigators; develop and implement measures to improve the quality and reduce the time of investigation; study, summarize and recommend the positive experience of preliminary investigation and investigation methods for implementation certain types crimes; organize the interaction of investigators of the internal affairs bodies with the bodies carrying out operational-search, expert-forensic activities; ensure the selection, placement and education of investigative personnel, the improvement of their qualifications and professional skills; perform other functions to ensure the activities of the preliminary investigation bodies.
The structure of the preliminary investigation bodies in the system of the Ministry of Internal Affairs of the Russian Federation is represented by:
Investigative Committee under the Ministry of Internal Affairs of the Russian Federation;
Main investigative department (departments, departments) under the internal affairs bodies of the constituent entities of the Russian Federation;
Investigation departments (departments, divisions, groups) under internal affairs bodies in districts, cities, districts, as well as under internal affairs bodies in closed administrative-territorial entities, at especially important and regional facilities;
Investigation departments (departments, departments, groups) under the internal affairs bodies in railway, air and water transport.
The Investigative Committee is headed by the Deputy Minister - Head of the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation, who is appointed and dismissed by the President at the proposal of the Chairman of the Government of the Russian Federation.
As part of the central apparatus, there are departments and departments that carry out activities to manage lower-level investigative units. The investigative units have positions of investigators, senior investigators and investigators for special important matters.
In accordance with the order of the Ministry of Internal Affairs of the Russian Federation, a typical structure investigative department (department) of the SU, ATC, ATC:
Deputy Minister of the Interior, Deputy head of the Internal Affairs Directorate, UVDT - he is also the head of the investigative department (department);
Department of Zonal Control;
Organizational and methodological department;
Department (department) for the investigation of organized criminal activity (investigative part);
Office.
The activities of the investigative units of this level are focused on the organizational and methodological management of the activities of subordinate investigative units and procedural control over the conduct of the preliminary investigation.
The lower level of the preliminary investigation bodies within the Ministry of Internal Affairs are departments, departments, groups under the internal affairs bodies in districts, cities, districts and other formations of this level, which investigate the overwhelming number of crimes. Their staff consists of investigators, senior investigators and investigators for especially important cases. The activities of this link are directly supervised by the deputy head of the city district department of internal affairs - the head of the investigative department.
The functional duties of an assistant investigator are determined by the head of the preliminary investigation body. Assistant Investigator Responsibilities:
Together with the investigator, it checks the materials to resolve issues of initiating a criminal case, in connection with which it has the right to carry out the entire range of measures provided for by law for pre-investigation verification of received applications, reports of crimes;
Performs technical work on the procedural registration of individual investigative actions and criminal cases;
Carries out search activities and other actions aimed at studying the personality of the accused, establishing the causes and conditions conducive to the commission of crimes;
Maintains public relations, reports criminal cases in labor collectives;
At the direction of the investigator and under his control, he performs certain simple investigative actions, and can also be included in the composition of the investigative-operational group.
Investigators are subordinate to the heads of investigative departments, who control the actions of investigators and take measures to more complete, timely and speedy investigation of criminal cases.
The main tasks of the Investigation Department:
1. Investigation of crimes related to the jurisdiction of investigators of internal affairs bodies.
2. Development and implementation of measures to improve the quality and reduce the timing of the preliminary investigation, respect for the rights and legitimate interests of citizens.
3. Interaction of investigators with bodies carrying out operational-search and forensic activities, inquiry, prosecutorial supervision and judicial control in criminal cases.
4. Generalization and analysis of the causes and conditions that contributed to the commission of crimes, work to compensate for material damage, restore the violated rights and interests of citizens, institutions and organizations that have suffered from crimes.
5. Dissemination and implementation of best practices for investigation and use technical means.
6. Accounting for received applications and reports on crimes, the timing of their resolution, as well as materials for which it was refused to initiate a criminal case, investigators' visits to the scene of incidents, etc.
7. Consideration and resolution, in accordance with the legislation of the Russian Federation, of letters, complaints and applications from citizens, institutions, organizations and enterprises received in connection with the preliminary investigation in criminal cases.
8. Drawing up and submission of documents for the primary registration of crimes, the persons who committed them, criminal cases and reports on the results of the work of subordinate investigators.
The organization of the activities of investigative units is carried out on the basis of current and long-term plans work of the internal affairs body and its investigative unit.
investigative procedural criminal
2. Primary accounting documents
Proper organization of accounting, ensuring accurate and timely registration - necessary condition for the preparation of reports on the activities of internal affairs bodies. The primary accounting of crimes is an ordered system for collecting, registering and summarizing information about crime and state measures of social control over it and their movement through continuous, continuous and documentary accounting of crimes, the persons who committed them, and the procedural activities of criminal justice bodies in this area.
The primary accounting of crimes consists in fixing by the investigator or the employee of the inquiry the basic information about the crimes, about the persons accused (suspected) of committing crimes, as well as about the victims of crimes, about criminal cases (materials) on registration cards (primary accounting documents) in the approved form -- uniform for bodies of Office of Public Prosecutor and internal affairs and their registration in the established order. Currently, all objects of criminal law statistics (crime, the person guilty of committing it, and the chosen measure of punishment) are taken into account in the relevant primary accounting documents in card or list form.
Joint Directive of November 5-6, 1996 of the Prosecutor's Office of the Russian Federation and the Ministry of Internal Affairs of Russia “On the Enactment of Documents for the Primary Record of Crimes and Persons Who Have Committed them” were put into effect the following documents primary accounting: for the identified crime (form No. 1); on the results of the investigation of the crime (form No. 1.1); for a crime for which the person who committed it has been identified (form No. 1.2); to the person who committed the crime (form No. 2); on the progress of the criminal case (form No. 3); on the results of compensation for material damage and the seizure of objects of criminal activity (form No. 4); on the results of the consideration of the case in court (form No. 6).
The primary accounting documents contain extensive information on various grounds, characterizing to a greater or lesser extent, on the one hand, all the elements of the crime: the subject of the crime, the object of the encroachment, the objective and subjective sides of the crime, on the other hand, the procedural, forensic aspects of the activities of the criminal authorities. of justice for the detection, disclosure and investigation of crimes.
Accounting for crimes is carried out by filling out by the investigator or an employee of the body of inquiry cards for detected crimes for each crime that has become known to them, regardless of when these crimes took place and the persons who committed them were identified or not identified. The specified card is filled out immediately after the initiation of a criminal case, sending materials with a protocol to the court. Similarly, it is filled in in cases where it is necessary to register a crime that has not been previously registered. The card filled in and signed by the investigator is sent to the accounting and registration units of the internal affairs bodies.
Accounting for criminal cases, necessary to track their progress during the investigation, is carried out on the basis of cards for the detected crime and cards on the progress of the criminal case, filled in by the prosecutor, investigator or body of inquiry immediately after the adoption of a procedural decision on the case.
Information for filling out primary accounting documents is taken mainly from materials of criminal and civil cases, court verdicts and decisions. Departmental regulations(instructions) establish strict rules and the procedure for their completion, which are binding on the relevant officials. Their observance is very important, since primary accounting documents are the source material for the preparation of official statistical reporting as the first and main form. statistical observation widely used in the science and practice of combating crime.
By order of the Minister of Internal Affairs of the Russian Federation “On approval of statistical reporting forms”, the following reports were introduced:
Operational statistical information on the state of crime and the results of the investigation of crimes;
Report on the number of convicts held in places of deprivation of liberty;
Report on the state of crime among persons held in places of deprivation of liberty;
Damage report material damage and seizure of property.
Reports and main indicators are compiled on the basis of documents established in the internal affairs bodies for the primary accounting of the work of investigators.
3. Proceedings and documents
During the internship, I was present at a number of procedural actions carried out by the investigator, such as: interrogation of a witness, interrogation of a victim, interrogation of an accused, interrogation of a suspect.
The interrogation of the accused took place in the presence of a lawyer, an investigator and two detectives. In our case, the accused was a man charged with robbery. During the interrogation, he told everything that he knew. After the interrogation, a visit was made to the scene of the incident, where the accused showed in detail everything he had said during the interrogation.
The testimony of the accused is his oral statement on the issues that make up the content of the charge brought against him, as well as on other circumstances relevant to the case, and on the evidence available in the case, given during his interrogation and recorded in the manner prescribed by law. The accused has the right to testify on the charge brought against him, as well as on other circumstances known to him in the case and the evidence available in the case. The recognition by the accused of his guilt can be taken as the basis of the accusation only if the recognition is confirmed by the totality of the available evidence in the case.
Also, during the internship, I drew up a plan for the investigation of a criminal case, determined the methodology for interrogating suspects, victims, witnesses, determined the range of objects and documents to be seized, processed and attached to the criminal case. She made suggestions on the tactics and methods of investigating criminal cases in general and individual investigative actions. Under the guidance of an investigator, she participated in interrogations, inspections of the scene, seizures, searches and other investigative actions. On his behalf, she drew up protocols of these actions, draft resolutions on the involvement of a person as an accused, the election of a measure of restraint in relation to the suspect, the accused.
During the internship, I got acquainted with various procedural documents, which are of great importance in fixing various investigative actions.
Among them are the following: a record of the interrogation of a witness, a victim, a suspect, an accused, a record of a confrontation, a decision to bring him as an accused, an indictment, a record of an inspection of the scene, a record of an investigative experiment, a search record, etc. It is important to note that all these documents are drawn up in a strictly prescribed form and on certain forms. Failure to comply with the rules for drawing up various kinds of protocols may lead to the inadmissibility of using it as evidence. All the necessary details of the above documents are given in the Code of Criminal Procedure of the Russian Federation.
In addition, I got acquainted with several criminal cases that were under investigation. I had the opportunity to personally be present during the interrogation of the victim, the accused, the suspect, witnesses, to be convinced of their effectiveness and legality, to study the interrogation procedure. All investigative actions are recorded. The protocol of the investigative action is drawn up during the investigative action or immediately after its completion (Appendix 1.2).
Protocol - an official document that records any factual circumstances (procedural or investigative actions, judicial sitting). The protocol can be written by hand or produced using technical means.
The protocol specifies:
1. the place and date of the investigative action, the time of its beginning and end to the nearest minute;
2. position, surname and initials of the person who drew up the protocol;
3. last name, first name and patronymic of each person who participated in the investigative action, and, if necessary, his address and other information about his personality.
The protocol describes the procedural actions in the order in which they were carried out, the circumstances significant for the given criminal case revealed during their production, and also sets out the statements of the persons participating in the investigative action.
The protocol must also contain an entry on the explanation to the participants in investigative actions in accordance with the Code of Criminal Procedure of the Russian Federation of their rights, duties, responsibilities and the procedure for conducting an investigative action, which is certified by the signatures of the participants in investigative actions.
In the cases provided for by Articles 177, 178, 181-183, part five of Article 185, part seven of Article 186, Articles 193, 194 of the Code of Criminal Procedure of the Russian Federation, investigative actions are carried out with the participation of at least two witnesses who are called to certification of the fact of an investigative action, its course and results, except for the cases provided for by part three of article 170 of the Code of Criminal Procedure of the Russian Federation.
Also, during the internship, I got acquainted with the procedure for compiling and the structure of the conclusion of a forensic expert.
Expertise is an independent procedural form of obtaining new and clarifying (verifying) existing material evidence. The subject of forensic examination is the factual data (circumstances of the case) that are investigated and established during the investigation or trial of a criminal case. For the study of each type of objects in forensic examination, a methodology for expert research is developed, i.e. a system of scientifically based methods, techniques and technical means (devices, devices, equipment).
Appointment of examination is made out by the decision of the investigator. The resolution must indicate the grounds for the appointment of an examination, to whom it is entrusted and the materials made available to the expert. The decision should clearly state the issues requiring the expert's opinion.
The expert opinion consists of three parts: introductory, research and conclusions. In the introductory part, the name of the examination is indicated, information about the expert is given, and the materials submitted for examination are listed. The research part describes the process of expert research, as well as a scientific interpretation of the established facts. Conclusions are the answers to the questions posed to the expert. The expert has the right, on his own initiative, to conclude in the conclusion on issues that were not put before him, if they are, in his opinion, of importance for the case.
The expert opinion has no advantages over other evidence and is subject to mandatory assessment by the investigator. No matter what exact scientific data the expert conclusion is based on, it cannot be considered binding on the investigator (Article 80 of the Code of Criminal Procedure).
In our case, the examination was appointed as a result of a traffic accident (RTA) associated with a collision with a pedestrian. The practice of investigating road accidents shows that due to the specificity of this category of criminal cases, one of the main sources of evidence for them is the conclusion of an auto technical expertise. The resolution on the appointment of an autotechnical examination sets out the following initial data:
1. Type (brand) vehicle(TC), number of passengers, cargo weight, technical condition.
2. Road conditions: type of pavement, longitudinal profile, width of the carriageway, pavement condition (dry, wet, muddy, snow, ice, etc.).
3. The nature of the collision - in the process of braking or without it, which part of the vehicle was in contact with the pedestrian, the coordinates of the place of contact relative to the dimensions of the vehicle.
4. The presence of traces: the length of the braking track (skid) and to the axis of which wheels it was measured, the presence of traces of rolling after braking and their length (there may be traces of skidding and turning, indicate their length).
5. Indicate the place of collision and its distance from the beginning or end of the skid trail, the total length of the braking trail or the distance of the vehicle moving in a braked state after a collision to a complete stop.
6. Determine from what moment there was a danger to traffic, and therefore: the path of the pedestrian, the time of movement, the direction of movement (at an angle to the center line), the time to stop (if any) the pedestrian when crossing the road.
7. Pedestrian visibility distance from the driver's seat.
Conclusion
During the internship, I got acquainted with the main sections and areas of activity of the Investigation Department of the Department of Internal Affairs of Kislovodsk:
The regulatory framework on which its activities are based;
General organization of the work of the investigative department;
With the procedure for receiving visitors;
With work planning in the investigative department and statistical reporting forms;
With the distribution of duties between the head of the investigative department and his deputies;
With the methodology of the preliminary investigation, as well as the tactics and procedure for carrying out certain investigative actions and their procedural execution (drawing up protocols, issuing a decision, etc.);
With the nature and forms of interaction between the investigative department of the Department of Internal Affairs and other authorities and administrations.
In general, the practice was successful and productive: I learned a lot of new and necessary things about the functioning of our legal system in general and the activities of the investigative bodies of the Ministry of Internal Affairs in particular, and gained knowledge about the application of Russian legislation in practice.
List of used literature
1. The Constitution of the Russian Federation. - M., 2002.
2. Law of the Russian Federation "On the police". - M.: Prospect, 2001.
3. Code of Criminal Procedure of the Russian Federation (as amended on July 27, 2006 No. 153-FZ). - M.: TK Velby, Prospekt Publishing House, 2005.
4. Commentary on the Code of Criminal Procedure of the Russian Federation (item-by-article) / L.N. Bashkatov, B.T. Bezlepkin and others; resp. ed. I.L. Petrukhin. - 4th ed., revised. and additional - M.: TK Velby, Prospekt Publishing House, 2005.
5. Gutsenko K.F. Law enforcement agencies / K.F. Gutsenko. - M.: Zertsalo, 2001.
6. Ilarionov V.A. Examination of road accidents / V.A. Ilarionov. - M.: Transport, 1989.
7. Korenev A.P. Administrative activities internal affairs bodies / A.P. Korenev. - M.: Lawyer, 2000.
8. Chernikov VV, Judicial system, law enforcement agencies, special services of Russia. Textbook / V.V. Chernikov. - M.: Lawyer, 2001.
9. Encyclopedia of the Ministry of Internal Affairs of Russia / Ed. V.F. Nekrasov. - M.: Olma-press, 2002.
Attachment 1
Suspect interrogation protocol
The interrogation began at 9:30.
The interrogation ended at 10:00.
Investigator (interrogating officer) of the Department of Internal Affairs of Zelenogorsk, junior lieutenant Ivanov S.Yu. in the office number 210 at the address: Zelenogorsk, st. Mira, 56 in accordance with Part 2 of Article 46, Articles 189 and 190 of the Criminal Procedure Code of the Russian Federation interrogated in criminal case No. 1293 as a suspect:
1. Surname, name, patronymic: Sidorov Sergey Olegovich
3. Place of birth: Krasnoyarsk
4. Place of residence and telephone: Zelenogorsk, st. Factory, 8-53
5. Citizenship: citizen of the Russian Federation
6. Education: higher
7. Marital status: married
8. Place of work or study:
9. The presence of a criminal record: no criminal record
Suspect:
10. Passport or other identity document of the suspect: 00 04 185887, issued by the Department of Internal Affairs of the administration of Zelenogorsk, Krasnoyarsk Territory on January 11, 2000.
Before the beginning of the interrogation, I was explained the rights provided for by part four of article 46 of the Criminal Procedure Code of the Russian Federation.
It was explained to me that, in accordance with Article 51 of the Constitution of the Russian Federation, I am not obliged to testify against myself, my spouse and other close relatives, the circle of which is determined by paragraph 4 of Article 5 of the Code of Criminal Procedure of the Russian Federation.
Suspect:
Suspected Sidorov S.Oh. announced that he was suspected of making a death threat, i.e. in the commission of a crime under Art. 119 of the Criminal Code of the Russian Federation.
Suspect:
In essence, I can show the following:
I, Sidorov Sergey Olegovich, on the twelfth of July 2006, being in my room, on the street. Zavodskaya, 8-53 drank alcohol with his friend Mikhailenko O.I.
At about 6 pm my wife, Sidorova O.V., returned home from work. and adopted daughter Egorov L.N. Expressing my negative attitude about drinking drinks, we started a quarrel, during the quarrel, I grabbed a kitchen knife, with which I threatened my adopted daughter with reprisal. My wife called the police, who came to the call in about 15 minutes. By this time, my adopted daughter, having escaped from the room, ran out into the street. I ran after her, threatening with a knife, and, coming to my senses only at the sight of the police, threw the knife into the bushes and returned to the house. Accordingly, the police started knocking on the door. I answered the knock and voluntarily opened the door.
Suspect:
The protocol was read by me personally.
There are no notes to the protocol.
Suspect:
Interrogator:
Appendix 2
Incident site inspection report
Inspection started at 15:25.
The inspection ended at 16:30.
The investigator (interrogator) of the Zelenogorsk Department of Internal Affairs, junior lieutenant Ivanov S.Yu., having received a report about a collision with a pedestrian in the area of the city market, arrived at the Zelenogorsk market and in the presence of attesting witnesses:
1. Grabov Yury Valentinovich, living in Zelenogorsk, st. Stroiteley, d.12, apt.54
2. Fedorenko Vladimir Mikhailovich, living in Krasnoyarsk, st. K. Marx, 34, apt. 41
In accordance with Art. 164, 176 and parts one - four and six of Art. 177 of the Code of Criminal Procedure of the Russian Federation examined the place of the collision.
Before the start of the inspection, the participating persons were explained their rights, responsibilities, as well as the procedure for conducting an inspection of the scene.
Witnesses, in addition, prior to the start of the examination, were explained their rights, duties and responsibilities under Article 60 of the Code of Criminal Procedure of the Russian Federation.
Grabov Yu.V.:
Fedorenko V.M.:
The specialist (expert) Vladimir Petrovich Shiyanov was explained his rights and obligations under Article 58 (57) of the Code of Criminal Procedure of the Russian Federation.
Shiyanov V.P.:
The inspection was carried out in sunny weather and daylight conditions. The inspection established: citizen Petrov A.A., driver of a white VAZ 2107 vehicle, g. About 808 TO 24, a pedestrian passing the road Smekhov M.P. was run over.
Photographs were taken during the inspection.
A diagram of the scene of the incident, a photo table are attached to the protocol of the inspection of the scene of the incident.
Specialist (expert):
This Protocol is drawn up in accordance with Articles 166 and 167 of the Code of Criminal Procedure of the Russian Federation.
Investigator (investigator):
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Autonomous non-profit organization higher professional education
Moscow Institute of Humanities and Economics
Nizhny Novgorod branch
Faculty of Humanities
Department of Criminal Law Disciplines
about the internship
student of the 2nd year of the Faculty of Humanities of the NF MGEI, studying in the direction of preparation 030900.62 "Jurisprudence"
Yagunova Alena Valerievna
training group YuZS-12
in the __Main Directorate of the Ministry of Internal Affairs of Russia for the Volga Federal District__
as an Investigator
investigation crime corruption legality
I, Yagunova A.V., a student of the YuZS-12 group of the Nizhny Novgorod branch of the Moscow Humanitarian and Economic Institute, from February 17 to March 12, 2014, passed industrial practice in the Investigative Unit of the Main Directorate of the Ministry of Internal Affairs of Russia for the Volga Federal District as an investigator.
Field trip is important integral part educational process. It aims to deepen and consolidate the knowledge gained in the process of theoretical training.
During the internship, I got acquainted with the activities of the investigative department of the Main Directorate of the Ministry of Internal Affairs for the Volga Federal District, studied the office work, got acquainted with the instructions, provisions that regulate the internal regulations, structure, organization and powers of the investigative department, as well as with legal acts regulating their field of activity .
The investigative unit of the system of the Ministry of Internal Affairs of Russia in the Volga Federal District went through its formation and development as follows:
In 1999, among the 11 regional investigative departments, the Volga-Vyatka regional investigative department was created to investigate organized criminal activity (with a deployment in the city of Nizhny Novgorod), directly subordinate to the Investigative Committee under the Ministry of Internal Affairs of Russia.
By order of the Ministry of Internal Affairs of Russia dated June 30, 2000 No. 703 “On improving the activities of the preliminary investigation bodies for the investigation of organized criminal activity”, the Volga-Vyatka regional investigative department for the investigation of organized criminal activity, directly subordinate to the Investigative Committee under the Ministry of Internal Affairs of Russia, was reorganized into the Investigation Department for investigation of organized criminal activity, directly subordinate to the Investigative Committee under the Ministry of Internal Affairs of Russia, for the Volga Federal District (based in the city of Nizhny Novgorod).
The next historical stage in the development of the preliminary investigation bodies was the publication of the order of the Ministry of Internal Affairs of Russia dated December 31, 2000 No. 1331. In accordance with this order, the Investigative Department for the Investigation of Organized Crime, directly subordinate to the Investigative Committee under the Ministry of Internal Affairs of Russia, for the Volga Federal District was transformed into the Investigation Department of the Investigative Committee under the Ministry of Internal Affairs of the Russian Federation for the Volga Federal District (with deployment in the city of Nizhny Novgorod) .
In accordance with the order, the Investigative Committee of the IC under the Ministry of Internal Affairs of Russia for the Volga Federal District was entrusted with the following main tasks:
ensuring the production of a preliminary investigation in criminal cases of grave and especially grave crimes committed by organized groups, criminal communities (criminal organizations) of a regional, interregional and international nature, representing particular difficulty in the investigation or causing a wide public outcry;
participation in the regulatory and legal activities of the preliminary investigation bodies in the system of the Ministry of Internal Affairs of Russia (including the development of proposals for criminal, criminal procedure legislation);
exercising control, ensuring the rule of law and providing organizational and methodological assistance to the preliminary investigation bodies under the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Internal Affairs Directorate of the constituent entities of the Russian Federation located on the territory of the Volga Federal District, in the investigation of grave and especially grave crimes committed by organized groups, criminal communities (criminal organizations), bearing an interregional character;
conducting office checks on the facts of emergencies and violations of the law committed by employees of the preliminary investigation bodies of the subjects of the Volga Federal District.
In pursuance of the Decree of the President of the Russian Federation of December 29, 2005 No. 1554 and the order of the Ministry of Internal Affairs of Russia of March 7, 2006 No. 145 dsp “On organizational issues of the main departments of the Ministry of Internal Affairs of Russia for federal districts”, the Investigation Department of the Investigative Committee under the Ministry of Internal Affairs of Russia for the Volga Federal District was reorganized into The investigative unit under the Main Directorate of the Ministry of Internal Affairs of Russia for the Volga Federal District (for the investigation of organized criminal activity) based in Nizhny Novgorod.
In accordance with these decisions, the status of the investigation departments of the Investigative Committee under the Ministry of Internal Affairs of Russia in the federal districts has changed. In particular, the function of control and coordination over the activities of the preliminary investigation bodies of the subjects of the Volga Federal District has been removed.
Structurally, the Investigative Department consists of the following units:
1 department for the investigation of crimes on corruption and in the field of economics;
2 department for the investigation of crimes committed by organized groups and criminal communities;
control and analytical department;
interregional investigative department (dislocation in Saratov);
interregional investigative department (dislocation in Perm);
interregional investigation team (deployment in Togliatti);
The main task of the investigative unit is to conduct a preliminary investigation of criminal cases on crimes under investigation by investigators of the internal affairs bodies and referred by the regulatory legal acts of the Ministry of Internal Affairs of Russia to the jurisdiction of the main departments of the Ministry of Internal Affairs of Russia for federal districts, which are of a transnational or interregional nature, committed by criminal communities (criminal organizations) and organized criminal groups of general criminal, economic, extremist and corruption orientation.
In its activities, the Main Directorate of the Ministry of Internal Affairs for the Volga Federal District is guided by the Constitution of the Russian Federation, Federal Law of February 7, 2011 N 3-FZ "On the Police", Federal Law of November 30, 2011 N 342-FZ "On Service in the Internal Affairs Bodies of the Russian Federation and making changes to individual legislative acts Russian Federation", the federal law dated August 12, 1995 N 144-FZ "On operational-search activity", by order of the Ministry of Internal Affairs of the Russian Federation dated March 1, 2012 N 140 "On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation providing public service on acceptance, registration and resolution in the territorial bodies of the Ministry of Internal Affairs of the Russian Federation of applications, messages and other information about crimes, administrative offenses, incidents "and other regulatory legal acts that are directly related to the official activities of the Department. The prevailing regulatory acts, on which all investigators rely on, and of course the investigators of the Investigative Unit of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation of the Volga Federal District in their work, are the Code of Criminal Procedure of the Russian Federation and the Criminal Code of the Russian Federation.
During the practice, I happened to take part in the production of investigative actions and their documentation.
For a successful internship, I studied both current and archival criminal cases available in the department, got acquainted with the procedure for compiling protocols, conducting interrogations and studied the features of conducting interrogations of the victim, witnesses and suspects.
On behalf of the management, I participated in the preparation of criminal procedure documents in accordance with the requirements of the Criminal Procedure Code of the Russian Federation.
During the preparation of the documents, I checked the content of the documents in terms of their legality, validity and compliance with the criminal procedure legislation.
I was also involved in keeping records of investigative actions, compiling inventories of criminal cases, examining material evidence and attaching them to the materials of the criminal case.
On behalf of the management, I had to assist the employees of the investigative department in preparing the materials of criminal cases for the court when choosing a measure of restraint for suspects, accused, in preparing requests for criminal cases, in summoning participants in criminal proceedings to participate in investigative actions.
In the course of my practice, I have studied the following investigative actions:
The procedure for initiating a criminal case;
The procedure for conducting an inspection of the scene;
The procedure for conducting interrogations;
Inspection of material evidence and their inclusion in the materials of the criminal case;
On-site verification;
Search, seizure;
The procedure for conducting a confrontation;
The procedure for conducting identification;
The appointment of a forensic examination and the attachment of its results to the materials of the criminal case;
Suspension and resumption of the preliminary investigation;
Sending the criminal case with the indictment to the prosecutor.
In general, brief terms, the conduct of investigative actions that I studied in practice can be described as follows:
If there is a reason and grounds provided for by the Code of Criminal Procedure of the Russian Federation, the head of the investigative body, the investigator, within the limits of their competence, initiate a criminal case, about which an appropriate decision is issued.
The decision to initiate a criminal case shall indicate:
) date, time and place of its issue;
) who issued it;
) reason and grounds for initiating a criminal case;
4) paragraph, part, article of the Criminal Code of the Russian Federation, on the basis of which a criminal case is initiated.
As a rule, the investigator issues a decision to initiate a criminal case and to accept it for proceedings. A criminal case may be transferred for preliminary investigation to another investigator, if there are appropriate grounds, such as, for example, the workload of this investigator.
Investigative inspection is a procedural action provided for by Art. 176-178 of the Criminal Procedure Code of the Russian Federation, which consists in direct observation, detection, perception, fixing and analysis by the investigator of various objects in order to establish their features, properties, state, relative position and determine their significance as evidence in the case. The purpose of the investigative examination is to obtain evidence that contributes to the disclosure and investigation of the crime. Their investigator receives from two sources from people and things. The investigator, as an independent procedural figure, directs the actions of all those present and is personally responsible for the results of the examination. If a prosecutor or the head of an investigative unit is involved in the inspection, then each of them can take over the leadership of the inspection with all the ensuing consequences, since he draws up a protocol on his own behalf.
All types of inspections are carried out in the presence of witnesses, the smallest number of which is two.
Attesting witness - a person who is not interested in the outcome of a criminal case, attracted by an interrogating officer, investigator or prosecutor to certify the fact of an investigative action, as well as the content, course and results of an investigative action.
Immediately at the scene of the incident, after providing assistance to the victims, talking with the victim, eyewitnesses, organizing the protection of the scene and protecting the group from possible attacks, attracting attesting witnesses and distributing responsibilities between the participants in the inspection, the investigator begins the inspection.
The inspection involves the use of technical means - photographing, video filming, the use of means for searching and removing traces, microparticles, measuring distances, examining documents and others - the list in this case is not exhaustive. It is necessary to determine the initial place of the inspection - as a general rule, this is the place where the criminal began to move or enter the premises. Then separate areas of inspection are singled out and their sequential study is carried out.
During the inspection material evidence is found. Bulky and therefore not subject to seizure material evidence is examined on the spot. The seized physical evidence can be examined later. In any case, they must be shown to witnesses and all participants in the inspection, individualized, packaged, and their packaging is sealed with the seal of the investigator, signed by the investigator, witnesses, persons participating in the inspection.
A prosecutor, specialists, an expert, a victim, representatives of organizations in whose building the crime was committed may participate in the inspection of the scene of the incident. The participants should include the commander of the unit that guarded the scene, and the operational-investigative group, including all its employees, both those who arrived with the investigator and who joined later.
A seizure 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. A search as an independent investigative action consists in a forced examination of premises and other places, and in a personal search - a person's body and clothing worn by him. The procedural basis for the seizure is a reasoned decision issued by the investigator. The procedural basis for conducting a search is the decision of the investigator. A search in a dwelling is carried out on the basis of a court decision. In exceptional cases that brook no delay, a search in the dwelling may be carried out on the basis of an investigator's decision without obtaining a court decision, with subsequent notification of the court and the prosecutor within 24 hours of the investigative action. During the search and seizure, a protocol is drawn up. These investigative actions are carried out with the participation of witnesses.
During the interrogation, the investigator is free to choose tactics, it is forbidden to ask leading questions. The course and results of the interrogation are reflected in the protocol drawn up in accordance with Articles 166 and 167 of the Code of Criminal Procedure. The testimony of the interrogated person is recorded in the first person and, if possible, verbatim. Questions and answers to them are recorded in the sequence that took place during the interrogation. All questions are recorded in the protocol, including those that were rejected by the investigator or to which the interrogated person refused to answer, indicating the reasons for the challenge or refusal. If there are significant contradictions in the testimony of previously interrogated persons, the investigator has the right to conduct a confrontation. The investigator finds out from the persons between whom the confrontation is being held whether they know each other and what kind of relationship they have with each other. The interrogated persons are invited in turn to testify on the circumstances for the clarification of which a confrontation is held. After testifying, the investigator may ask questions to each of the interrogated persons. Persons between whom a confrontation is being held may, with the permission of the investigator, ask questions to each other. In the protocol of the confrontation, the testimonies of the interrogated persons are recorded in the order in which they were given. Each of the interrogated persons signs his testimony, each page of the protocol and the protocol as a whole. Also, during the investigation, in order to establish the truth in a criminal case, the investigator may present for identification a person or object to a witness, victim, suspect or accused. A person is presented for identification together with other persons, if possible outwardly similar to him. The total number of persons presented for identification must be at least three. Before the start of the identification, the person being identified is invited to take any place among the presented persons, about which a corresponding entry is made in the protocol of identification. If it is impossible to present a person, identification may be carried out by his photograph, presented simultaneously with photographs of other persons outwardly similar to the person being identified. The number of photographs must be at least three. The object is presented for identification in a group of homogeneous objects in the amount of not less than three. If the identifying person pointed to one of the persons presented to him or one of the objects, then the identifying person is invited to explain by what signs or features he identified this person or object. Leading questions are not allowed. Upon completion of the identification, a protocol is drawn up in which the conditions and results of the identification are indicated and, if possible, the explanations of the identifying person are verbatim.
In order to establish new circumstances relevant to the criminal case, testimony previously given by the suspect or accused, as well as by the victim or witness, may be checked or clarified on the spot associated with the event under investigation. Verification of testimony on the spot consists in the fact that the previously interrogated person reproduces the situation and circumstances of the event under investigation on the spot, points to objects, documents, traces that are important for the criminal case, and demonstrates certain actions. Any outside interference in the course of the check and leading questions are unacceptable. Simultaneous on-site verification of the testimony of several persons is not allowed. Verification of evidence begins with a proposal to the person to indicate the place where his testimony will be verified. After a free story and a demonstration of actions, questions may be asked to the person whose testimony is being checked.
Having recognized the appointment of a forensic examination as necessary, the investigator issues a decision on this, which indicates:
) grounds for the appointment of a forensic examination;
) last name, first name and patronymic of the expert or the name of the expert institution in which the forensic examination;
) 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 with special knowledge.
The preliminary investigation is suspended if one of the following grounds exists:
a) the person to be charged as an accused has not been identified;
) the suspect or the accused has fled from the investigation or his whereabouts have not been established for other reasons;
) the location of the suspect or the accused is known, but there is no real possibility of his participation in the criminal case;
) temporary serious illness of the suspect or the accused, certified medical opinion, prevents his participation in investigative and other procedural actions.
The investigator shall issue a resolution on suspension of the preliminary investigation, a copy of which shall be sent to the prosecutor. If two or more defendants are involved in a criminal case, and the grounds for suspension do not apply to all the accused, then the investigator has the right to segregate and suspend the criminal case in respect of individual accused. On the grounds specified in paragraphs 1) and 2), the preliminary investigation is suspended only after the expiration of its term. On the grounds specified in paragraphs 3) and 4), the preliminary investigation may be suspended until the end of its term.
Until the suspension of the preliminary investigation, the investigator shall perform all investigative actions, the performance of which is possible in the absence of the suspect or the accused, and take measures to search for him or to identify the person who committed the crime.
The preliminary investigation is resumed on the basis of the investigator's decision after:
) the grounds for its suspension have disappeared;
) there is a need to conduct investigative actions that can be carried out without the participation of the suspect, the accused;
) the prosecutor canceled the decision to suspend the preliminary investigation.
Having recognized the decision of the head of the investigative body or the investigator to suspend the preliminary investigation as illegal or unfounded, the prosecutor, within 14 days from the date of receipt of the materials of the criminal case, cancels it, about which he issues a reasoned decision outlining the specific circumstances subject to additional investigation, which, together with the materials of the criminal case cases are immediately forwarded to the head of the investigating body.
The suspended preliminary investigation may also be resumed on the basis of the decision of the head of the investigative body in connection with the cancellation of the corresponding decision of the investigator.
The suspect, the accused, his defense counsel, the victim, his representative, the civil plaintiff, the civil defendant or their representatives, as well as the prosecutor shall be informed about the resumption of the preliminary investigation.
The end of the preliminary investigation with an indictment is The final stage stage of the preliminary investigation, at which the final accusation is formulated, which is subject to consideration in court. The indictment is a procedural document that draws up the final decision for the preliminary investigation, which describes its course, results and formulates the final charge to be considered in court. In the indictment, with references to the sheets and volumes of the case, the following information is indicated:
information about the identity of each of the accused.
the essence of the accusation, the place and time of the commission of the crime, its motives and goals. Together, this constitutes the volume of the charge (the plot of the case), i.e. detailed description specific circumstances of the crimes imputed to each of the accused. The indictment is supplemented by annexes. They consist of a list of persons to be subpoenaed by the prosecution and the defense, and a statement of the progress of the case. The list of witnesses (specialists, experts) from the side of the defense is formed on the basis of their petitions, declared upon acquaintance with the materials of the completed investigation (part 4 of article 217 of the Code of Criminal Procedure). Information about the progress of the case includes information about: the timing of the investigation; selected measures of restraint; time spent in custody and under house arrest; material evidence and the place of their storage; civil action; the measures taken to ensure it and ensure the possible confiscation of property obtained as a result of criminal acts or acquired by criminal means; procedural costs; measures taken to take care of the dependents of the accused, to protect his property. The indictment is made with copies - for handing them over to the accused, the defense counsel and the victim, as well as for leaving a copy with the prosecutor.
During the internship, such difficulties periodically arose as: problematic calls for interrogation of witnesses and victims in criminal cases (evasion from appearing to the investigator, unwillingness to make contact with the investigator), problems during the interrogation of suspects, accused persons and other investigative actions with their participation (refusal of these persons to sign the protocols of investigative actions, simulation by these persons of an insane state, deliberate damage to the protocols of investigative actions), deliberate attempts by the suspects, the accused and their defense lawyers to mislead the investigation, to delay the preliminary investigation by various actions. These difficulties periodically occur in the work of each investigator.
I have no suggestions and recommendations for further improvement of the organization where I did my internship, the internship process and the learning process, because The Main Directorate of the Ministry of Internal Affairs of Russia for the Volga Federal District is a fairly serious organization, with a well-established mechanism of work and a sufficient level of professional competence of each of its employees.
______________________ ___________________________
(Student's signature) (Signature of the head of practice from the organization)
In Arkhangelsk near Moscow, an investigator of the Ministry of Internal Affairs was killed, according to website Chief Investigation Department of the Investigative Committee for the Moscow Region.
“On October 10, at about 7 am, at the entrance of a multi-storey building located in the village of Arkhangelskoye, Krasnogorsk district, an unknown person fired a shot at a woman. The victim died from a gunshot wound in the neck.”, says the body of the message.
It is noted that the victim was a police officer with the rank of lieutenant colonel. On the fact of the incident, a criminal case was initiated in accordance with Part 1 of Art. 105 of the Criminal Code of Russia (murder).
tags: Crime Police Underground11:06 10.10.2018 - , Photo: CC0
In the Krasnogorsk region, a senior investigator for the Department of Internal Affairs of the investigative unit of the Investigation Department of the UT of the Ministry of Internal Affairs for the Central Federal District was found dead.
As reported " Rosbalt" senior assistant to the head of the Main Investigative Directorate of the Investigative Committee of Russia for the Moscow Region Olga Vradiy, investigators and forensic specialists are currently working at the scene of the murder.
According to preliminary data, the killer shot at the investigator at about 07:00 on October 10, when the woman was leaving the entrance of the house in the village of Arkhangelskoye. The victim died from a gunshot wound to the neck.
According to media reports, the murdered Yevgenia Shishkina conducted high-profile cases related to economic crimes and fraud.
tags: Crime Police tags: Crime tags: Crime PoliceScandal in the drug case with investigator Evgenia Shishkina
This information has not received any official confirmation after the last assassination attempt. But while working on the case of a large shipment of drugs that was transported on a train, she detained an allegedly innocent person. His relatives later stated that they demanded money from them so that their son would not go to prison on charges of this crime. At the same time, there was the first attempt on the life of the investigator of the Ministry of Internal Affairs Shishkin. The check carried out then did not reveal the facts of excess of powers.
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