Not everyone who is familiar with the basics of jurisprudence can say with confidence what is the difference between an interrogator and an investigator. But the ability to understand such issues will help save time already at the stage of filing an application with the law enforcement agencies.
Who is an interrogator?
Currently, the law names an inquirer an official who serves in the body of inquiry and is competent to conduct a preliminary investigation of cases in the form of an inquiry. This role is played by an employee who conducts activities on reports of crimes prescribed in paragraph 1 of part 3 of article 150 of the Criminal Procedure Code. All other similar offenses are within the competence of the investigator. This is the general rule, although in some cases the inquiry may be carried out by another person at the direction of the prosecutor. The interrogator is also an employee who was authorized by the head of the body to carry out preliminary measures aimed at clarifying the circumstances of a specific crime. The powers of an inquiry officer are established by criminal procedure legislation. The person who carried out the operational-search measures in the aforementioned case cannot fulfill the duties of an inquiry officer.
As a rule, the inquiry is conducted by a full-time law enforcement officer who has the necessary qualifications, legal education and professional skills, which are required by the investigation of cases of one category or another. Some legal scholars have advocated the need for greater involvement of law enforcement officials in interrogation activities. In general, the above functions are delegated either to a staff member of the inquiry body, or transferred to any other employee. The main requirement is that this official should not simultaneously carry out operational and search measures in the case. In practice, the duties of an investigator are often performed by district commissioners or operatives.
Interrogator functions
An employee performing the functions of an inquiry officer examines reports and allegations of crimes committed and checks them. Based on the results of these actions, he makes one of two decisions: to initiate proceedings or refuse to initiate it. Starting service activities, an employee of the body of inquiry sends the corresponding order to the prosecutor. Having received this document, the prosecutor agrees with the decision or issues a refusal order. The prosecutor has the right to return the materials to the inquiry officer for additional verification. If a positive decision is made on the case, it is accepted for proceedings.
The main functions of the interrogator:
- criminal proceedings;
- conducting an inquiry on the case;
- the production of urgent investigative actions within the framework of the case;
- referral of the case to the head of the body for the preliminary investigation;
- preparation of the indictment.
Investigator's powers
The powers of the investigator are reflected in the job descriptions. Such a document is usually drawn up for each manager and employee of the inquiry body. Most often, the instructions are summarized in a table, which indicates the responsibilities for the position and the frequency of their implementation.
Powers of interrogators of internal affairs bodies:
- verification of statements and reports of crimes;
- decision-making based on the results of the audit, if necessary - initiation of criminal cases;
- production of procedural actions in the case;
- termination of criminal prosecution, if there are grounds for this;
- suspension of inquiry;
- forwarding the materials of the case to the jurisdiction, and at the end of the inquiry - to the prosecutor.
Investigator's rights
The interrogator has the right to perform urgent actions within the competence of the investigator. We are talking here about those measures that, in case of delay, will inevitably lead to the loss of evidence, information, traces testifying to the commission of a crime.
The interrogator can conduct a full investigation in the form of an inquiry within the limits of his powers. Carrying out measures, the inquiry officer has the right to make responsible procedural decisions independently. The exceptions here include those cases when, according to the law, for making decisions, agreement with the head of the inquiry body, the sanction of the prosecutor or a court decision is required.
The powers of an investigator give him the right to summon citizens for interrogation, invite competent specialists, conduct an examination, examination, and arrest a person suspected of committing a crime. The interrogator has the right to seize documents and items. If necessary, the inquiry officer can appoint an expert examination of the case.
Among the other powers that an inquiry officer has is ensuring compensation for material damage if it is caused by a crime. An interrogator has the right to recognize a citizen as a victim, a plaintiff or a civil defendant.
Persons participating in the proceedings on a specific case have the right to challenge the inquiry officer, as well as to appeal against his actions or decisions made by him. This, however, does not automatically lead to the termination of his duties within the framework of production. The interrogator is guided in his activities by the instructions of the prosecutor, which are binding. If the employee of the body of inquiry does not agree with such instructions, he can challenge them by sending a well-founded objection to the prosecutor in writing. In some cases, the inquiry officer has the right to voluntarily refuse to conduct a specific case.
How does an interrogator differ from an investigator?
The interrogator, like the investigator, is a law enforcement officer. But the list of powers of the investigator is much wider. The investigator can give written instructions to the inquiry officer, instructing him to carry out a number of investigative actions. He can initiate proceedings on a wider range of compositions, accept the case for execution, and also direct it according to territoriality.
Investigators consider cases of more serious and complex crimes. The investigator is in charge of mostly small and medium severity cases. Ultimately, interrogators free the investigator in his work from a host of various trifles. The competence of the officers conducting the inquiry includes elements of crimes that have a relatively small social danger. The requirements for the level of training of an investigator are more serious. Its functions cannot be performed in full by a district or security officer.
Peculiarities of the interrogator's activity
The investigator fulfills the obligations stipulated by the legislation in full and without restrictions. He conducts some actions within the framework of the events on his own, based on his beliefs. But often, when performing any actions, he has to rely on departmental regulations, on the direct instructions of his boss or prosecutor.
When checking criminal cases and preliminary materials in his production, the interrogator is guided only by the instructions of those officials who are authorized to do so by law.
The law prohibits an inquiry officer from considering a criminal case if he is directly or indirectly interested in its outcome.
Preventive work in the work of the investigator
Performing procedural functions, the interrogator is obliged to take urgent measures to prevent crimes and eliminate the reasons that contribute to their commission. He is also obliged to send in a timely manner to the competent services the materials necessary for organizing the search for those persons who evade inquiry or are suspected of committing a crime.
When making an inquiry, the employee pays attention to the conditions that contributed to the commission of criminal acts. Based on the results of the check, the interrogator can make generalized representations to the bodies, institutions, organizations that can and should take measures to eliminate conditions conducive to the commission of crimes. If the heads of organizations do not comply with such instructions, the investigator has the right to send information to the prosecutor's office.
The interrogator has to carry out preventive work among the victims of crimes, especially when they have been subjected to criminal encroachment because of their victim behavior. In most cases, an explanatory conversation becomes a means of such work.
Investigating criminal cases and carrying out crime prevention, the interrogator:
- conducts survey lectures;
- delivers messages to the public;
- makes reports on legal topics at enterprises and organizations.
The purpose of such events is to inform citizens and work collectives about ways to prevent crimes. Radio and television are increasingly becoming effective channels for such communication.
