A criminal case is a case instituted in the manner prescribed by law (see the Code of Criminal Procedure ) in the event of detection of evidence of a crime . The criminal case is considered and resolved by the court based on the materials of the inquiry and preliminary investigation .
Content
Excitement
Pre- trial begins with the stage of criminal proceedings .
According to Article 140 of the Code of Criminal Procedure of the Russian Federation , the reasons for initiating a criminal case are:
- statement of crime;
- surrender ;
- Report on a committed or impending crime received from other sources.
- the decision of the prosecutor to send the relevant materials to the preliminary investigation body to resolve the issue of criminal prosecution.
The basis for initiating a criminal case is the availability of sufficient data indicating signs of a crime.
Introduction
In accordance with the Code of Criminal Procedure , the accused and his counsel have the right to familiarize themselves with the materials of the criminal case. The criminal procedure legislation does not contain rules allowing a person with respect to whom the proceedings have been terminated to get acquainted with the case materials.
Criminal Storage
The storage periods for criminal cases are calculated from the moment the conviction is extinguished, or the acquittal comes into force, as well as the decision (determination) to dismiss the case [1] .
Notes
- ↑ “Order of the Judicial Department at the Supreme Court of the Russian Federation dated June 9, 2011 No. 112“ On approval of the List of documents of federal courts of general jurisdiction with an indication of the storage period ”.