According to the Code of Criminal Procedure of the Russian Federation, the prevailing form of termination of the preliminary investigation (which is carried out in two forms - investigation and inquiry) is the sending of the criminal case materials to the court together with the prosecutor's indictment. Before that, it is necessary to perform certain procedural actions, such as familiarization with the materials of the criminal case.
Instructions
Step 1
The Criminal Procedure Code literally regulates the familiarization of the victim, civil plaintiff and defendant with the materials of the criminal case in the relevant articles. After the preliminary investigation can be considered completed and the amount of evidence is sufficient for the presence of a strong evidence base in court, the investigator is obliged to explain to the victim, civil plaintiff and defendant their rights to familiarize themselves with the criminal case. The desire to get acquainted with them can be expressed in the form of an oral or written request. Unlike the victim, the civil plaintiff or the defendant has the right to get acquainted only with those materials that relate to the claim they have filed.
Step 2
If the evidence is audio or video, they can also be consulted. If the victim or civil claimant deems it necessary, they can file a motion for additional investigation. But only the investigator makes a decision on the need to extend the time frame for the investigation. If such a request is still not devoid of common sense, the investigator grants it. The refusal is made in the form of a resolution, which is handed to the applicant.
Step 3
The procedure for familiarizing the accused with the materials of the criminal case is somewhat different. After the end of the investigation, the person accused of committing a crime has the right to personally look at all procedural documents. He can do it personally, or he can ask a lawyer for help. He does this on his own when he refuses the help of a lawyer. If the accused does not want to get acquainted with the materials without a specific lawyer as a defense lawyer, the investigator is obliged to await the release and appearance of this lawyer. The maximum period of such waiting should not exceed five days.
