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Inquiry agency

The bodies of inquiry - in accordance with paragraph 24 of Art. 5 of the Code of Criminal Procedure, state bodies and officials authorized in accordance with the Code of Criminal Procedure of the Russian Federation to carry out inquiries and other procedural powers.

Content

  • 1 List of bodies of inquiry provided for by the Code of Criminal Procedure
  • 2 Powers of inquiry bodies
  • 3 Non-procedural powers of officials of the bodies of inquiry
  • 4 The device of inquiry

List of bodies of inquiry provided for by the Code of Criminal Procedure

According to article 40 of the Code of Criminal Procedure of the Russian Federation, bodies of inquiry include:

  1. the internal affairs bodies of the Russian Federation , as well as other executive bodies vested with powers in accordance with federal law to carry out operational investigative activities;
  2. bodies of the Federal Bailiff Service ;
  3. commanders of military units, formations, heads of military institutions;
  4. bodies of state fire supervision of the federal fire service ;
  5. Federal Customs Service .

In addition, the inquiry is carried out by the interrogators of the border agencies of the federal security service - for criminal cases of crimes provided for in articles 253 and 256 (in the part concerning the illegal extraction of aquatic animals and plants discovered by the border authorities of the federal security service), part 1 of article 322 and part 1 Article 323 of the Criminal Code of the Russian Federation .

The powers of the inquiry bodies

The bodies of inquiry are entrusted with:

  1. inquiry in criminal cases in which the preliminary investigation is not necessary,
  2. the implementation of urgent investigative actions in criminal matters, in which the preliminary investigation is mandatory.

The initiation of a criminal case and the implementation of urgent investigative actions are also assigned to:

  1. captains of sea and river vessels on long voyages - in criminal cases of crimes committed on these vessels;
  2. the leaders of exploration parties and wintering centers, remote from the locations of the bodies of inquiry specified in the first part of this article, in criminal cases of crimes committed at the location of these parties and wintering;
  3. Heads of diplomatic missions and consular offices of the Russian Federation - on criminal cases of crimes committed within the territories of these missions and institutions.

Non-procedural powers of officials of the bodies of inquiry

Due to the variety of tasks performed, the officials of the inquiry bodies carry out various functions due to the tasks of the state authority in which they serve.

Among the officials of the bodies of inquiry, it is possible to distinguish operative agents - officials empowered to solve crimes, search for the persons who committed them, as well as those missing.

Other officials of the inquiry bodies have control and supervisory powers in various areas of public relations, and, despite their procedural status, do not always take part in the criminal process.

Interrogation apparatus

The inquiry unit is a separate structural unit of the inquiry body, consisting of interrogators, the head of the inquiry unit, his deputies, the head of the inquiry body and his deputies, and intended to conduct a preliminary investigation in criminal cases, for which a preliminary investigation is not necessary. The head of the inquiry unit, the head of the body of inquiry and their deputies, in addition to administrative powers, also have the procedural status of an inquiry officer.

The issue of differentiating between the categories of “inquiry body” and “inquiry unit” causes serious difficulties for theorists and even employees of these bodies, which causes controversy on some fundamental issues.

Source - https://ru.wikipedia.org/w/index.php?title=Inquiry_organization&oldid=101883437


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Clever Geek | 2019