The head of the investigative body - according to the Criminal Procedure Code of the Russian Federation, an authorized official of the investigative body [1] [2] [3] .
The powers of the head of the investigative body are exercised by: the Chairman of the Investigative Committee of the Russian Federation , the heads of the territorial investigative bodies of the Investigative Committee of the Russian Federation, their deputies, the heads of the investigating bodies authorized to conduct preliminary investigations of the federal executive bodies, their territorial investigative bodies, as well as their deputies, other heads of investigative bodies and their deputies, the amount of procedural powers that are set joins the Chairman of the Investigative Committee of the Russian Federation, the heads of the investigative bodies of the relevant federal executive bodies [4] .
Content
In Russia
History
Pre-Revolutionary Period
On July 25, 1719, by decree of Peter I, the investigative office of the guard, Major of the Semenovsky regiment, Mikhail Ivanovich Volkonsky, was established [5] . Thus, he became the first person to head the specialized investigative unit of Russia, independent of state authorities.
In the USSR
During the Soviet period, the procedural status of the head of the investigative department was introduced by Decree of the Presidium of the Supreme Soviet of the RSFSR on December 14, 1965. In accordance with it, the chiefs were vested with the following powers: exercising control over the actions of investigators in relation to the investigation of criminal cases, giving instructions to take individual investigative actions, transfer the criminal case from one investigator to another, create an investigation team for investigation [6] [7] .
In modern Russia
Initially, the investigative unit was headed by the head of the investigative department, which mainly carried out organizational and administrative powers. The procedural direction of the preliminary investigation was carried out by the prosecutor . In the course of the reform of the criminal procedure legislation of 2007, the head of the investigative department was removed from the legislation and replaced by a new person - the head of the investigative body. Most of the powers of procedural control over the investigation by the prosecutor were transferred to the head of the investigative body [8] [3] .
Current Legal Status
The Criminal Procedure Code of Russia attributes the head of the investigative body to the participants in the criminal process on the part of the prosecution.
Russian legislation provides for positions of the heads of investigative bodies in:
- Investigation Committee of the Russian Federation ,
- police ,
- Federal Security Service [9]
Powers of the head of the investigative body
The head of the investigative body may:
- to entrust the production of a preliminary investigation to the investigator or to several investigators, and also to withdraw the criminal case from the investigator and transfer it to another investigator with the obligatory indication of the grounds for such transfer, create an investigation team, change its composition or take the criminal case to its production;
- check the materials of the verification of the crime report or the materials of the criminal case, cancel the illegal or unreasonable rulings of the investigator;
- instruct the investigator to direct the investigation, conduct individual investigative actions, prosecute a person as an accused, elect a preventive measure against a suspect or accused, determine the nature of the crime and the extent of the charge, personally examine the crime reports, participate in the verification of the crime report;
- to give consent to the investigator to initiate a petition for election, extension, cancellation or amendment of a preventive measure or other procedural action, which is allowed on the basis of a court decision, to personally interrogate the suspect, the accused, without taking up a criminal case giving consent to the investigator to initiate the said petition before the court;
- allow withdrawals claimed by the investigator, as well as his withdrawals;
- return the criminal case to the investigator with his instructions to conduct an additional investigation;
- exercise other powers stipulated by the Code of Criminal Procedure of the Russian Federation [2]
The question of whether to initiate a criminal case or to prosecute certain categories of persons as an accused who are subject to a special procedure of criminal proceedings is within the exclusive competence of the heads of the investigative bodies of the Investigative Committee of the Russian Federation . In some cases, this requires the consent of another state body [10] .
In carrying out his activities, the head of the investigative body also has the powers of the investigator and the head of the investigation team [2] .
See also
- Investigator
- Day of the investigative bodies of the Russian Federation
Notes
- ↑ Article 39 of the Code of Criminal Procedure
- ↑ 1 2 3 A.V. Grinenko. The criminal process: a textbook - 2nd ed., Pererab. - M.: Norma - 496 p., Chapter 5
- ↑ 1 2 V.M. Lebedev. Criminal Procedure Law: textbook for bachelor and master degrees - 2014, chapter 8, art. 8.3.1
- ↑ Part 5, Article 39 of the Code of Criminal Procedure
- The original document is stored in the Russian State Historical Archive. Fond 1329. Inventory 1. Book 27. Sheet. one.
- ↑ Sadiokoea V.U., Ushakov A.Yu. Historical sketch of the emergence and development of the powers of the head of the investigative body / Yu.V. Zhuravleva // State and law in a changing world: materials of the scientific-practical conference. N. Novgorod, March 5, 2015: Collection of materials. - 2016. - p. 1194-1202.
- ↑ Manova N.S. Formation of the institute of departmental management of the investigator’s activities in the Russian criminal process (charters of criminal proceedings and current legislation // Saratov State Law Academy.
- Russian Newspaper - Federal Issue No. 4385 (0)
- ↑ part 2 of article 151 of the Code of Criminal Procedure
- ↑ V. M. Lebedev. Criminal Procedure Law: textbook for undergraduate and master's degrees - 2014, chapter 39, art. 39.2