The initiation of a criminal case is carried out in the presence of one of the reasons and grounds established by law. Procedurally, the initiation of a criminal case is formalized by the issuance of a resolution by the investigator or inquiry officer.
Criminal procedural legislation establishes that the initiation of a criminal case is permissible only if there are reasons, grounds for such an action. There are only four reasons for initiating a criminal case, including a statement about the commission of a crime, a prosecutor's order to send materials for investigation, a report of a crime, and a confession. The basis for initiating a case is indicated in the Criminal Procedure Code of the Russian Federation in the most general form - this is sufficient data that allow us to make an assumption about the presence of signs of a crime in a particular case. If one of the above reasons is identified, and the specified basis is also present, then the investigator or interrogator proceeds to the procedural registration of the initiation of a criminal case.
How is the initiation of a criminal case formalized?
The overwhelming majority of criminal cases are public prosecution cases, and a unified procedure has been established for their initiation. The main document when initiating a case is the corresponding resolution, which is drawn up and signed by the investigator or interrogator. The specified decision should reflect not only the mandatory details, but also specific reasons, the basis for initiating a criminal case. When characterizing the grounds, the investigator or interrogator must list specific signs that indicate the commission of a crime. Immediately after the decision is made, the decision is sent for verification to the prosecutor, who can cancel it if he considers it illegal. In addition, if there is an applicant in a specific case, a copy of the resolution is also sent to this citizen.
Special Procedure for Initiating a Criminal Case
A relatively small number of crimes for which punishment is enshrined in criminal law are considered private prosecution cases. This category of cases includes, for example, libel, beatings, minor harm to health. A criminal case in such a situation is initiated only if there is a statement from the victim. Other reasons for initiating a criminal case do not apply in this case, since the investigator or interrogator has the right to make an appropriate procedural decision only when the injured person applies. Otherwise, the investigation of such cases is carried out in a general manner, does not differ in any peculiarities.
