Sample complaint to the prosecutor's office about the inaction of the investigation in accordance with Art. 124 Code of Criminal Procedure of the Russian Federation

Sample complaint to the prosecutor's office about the inaction of the investigation in accordance with Art. 124 Code of Criminal Procedure of the Russian Federation

Prosecutor of the Industrial District of Samara

Bobrovsky Vyacheslav Nikolaevich

Address: 443016, Samara, st. Sredne-Sadovaya, 72

From the lawyer of Antonov and Partners Law Firm, Anatoly Petrovich Antonov

,

reg. No. 63/2099 in the register of lawyers of the Samara region

Address for correspondence:

443080, Samara, Karl Marx Avenue,

192, office 619, tel. 8-917-151-82-72

In the interests

LLC “NAME1”

COMPLAINT

(in accordance with Article 124 of the Code of Criminal Procedure of the Russian Federation)

The investigative department for the investigation of crimes committed on the territory of the Industrial District of the Investigative Directorate of the Ministry of Internal Affairs of Russia for the city of Samara was in the process of criminal case No. NUMBER 1 regarding the fraudulent possession of a car brand “INFINITI Q70” no. NUMBER 2, worth 3,124,125 rubles, owned by LLC “NAME1”. The damage was caused to LLC “NAME1” represented by its legal representative FULL NAME1 in the amount of 3,124,125 rubles, which is a particularly large amount.

Based on order NUMBER 3 dated 07/03/2019, power of attorney dated 07/15/2019, I represent the interests of NAME1 LLC in this criminal case.

I am forced to draw your attention to gross violations of the requirements of criminal procedure legislation

, committed by officials of the investigative department for the investigation of crimes committed on the territory of the Industrial District of the Investigative Directorate of the Ministry of Internal Affairs of Russia for the city of Samara during the preliminary investigation in criminal case No. NUMBER 1.

The grounds for applying measures of prosecutorial response and control over the material are as follows:

1) Inaction (action) of officials of the investigative department for the investigation of crimes committed on the territory of the Industrial District of the Investigative Directorate of the Ministry of Internal Affairs of Russia for the city of Samara, expressed in failure to fulfill their procedural powers in accordance with the criminal procedure law of the Russian Federation.

— Based on the results of the investigation of the specified criminal case, officials of the preliminary investigation body repeatedly made procedural decisions to suspend the proceedings on the basis of paragraph 1 of Part 1 of Article 208 of the Code of Criminal Procedure of the Russian Federation, due to the failure to identify the person to be brought in as a suspect (accused) under business.

I do not agree with the decisions made; I consider them illegal and unfounded.

Since the basis for suspension is the failure to identify the person to be brought in as a suspect (accused) in the case, although the preliminary investigation body is reliably aware that the car was rented by Full Name 2, after which the car disappeared, as did the renter himself, which is confirmed by the testimony of the victim Full Name 1 Also to the investigation from the interrogation of the victim, Full Name 1, it is known that earlier, before Full Name 2, he tried to carry out fraudulent actions with the car, Full Name 3. All persons involved in the case have been identified.

Clause 4 art. 7 of the Code of Criminal Procedure of the Russian Federation requires that decisions be legal, justified and motivated. In its ruling dated January 25, 2005 No. 42-O, the Constitutional Court of the Russian Federation recognized that Art. 7 of the Code of Criminal Procedure of the Russian Federation in its constitutional and legal interpretation does not allow the inquirer, investigator, prosecutor, as well as the court to refuse to study and evaluate all the arguments presented in the statement, petition or complaint, as well as to motivate their decisions by indicating specific, sufficient grounds for which these arguments are rejected.

— For almost five years, sufficient and effective measures have not been taken in this criminal case aimed at intensifying the necessary investigative actions that could lead to the speedy completion of the preliminary investigation and the adoption of a legal and informed decision.

Clause 2 of Art. 21 of the Code of Criminal Procedure of the Russian Federation requires the investigator, in each case of detection of signs of a crime, to take the prescribed measures to establish the event of the crime, to expose the person or persons guilty of committing the crime.

— At present, the law office and the victim have not received notifications about the suspension or extension of criminal case No. NUMBER 1; the applicant and the applicant’s representative do not know what is happening in the criminal case.

The preliminary investigation body completely ignores the provisions of Part 8 of Article 162, Art. 209 of the Code of Criminal Procedure of the Russian Federation, according to which: 1) the investigator notifies in writing the accused and his defense attorney, as well as the victim and his representative about the extension of the preliminary investigation period; 2) having suspended the preliminary investigation, the investigator notifies the victim, his representative, civil plaintiff, civil defendant or their representatives about this and at the same time explains to them the procedure for appealing this decision.

— Also, the victim, FULL NAME1, knows that several witnesses directly point to FULL NAME3 as the person who, after the car went missing, handed it over to be driven to another city.

The persons who committed fraudulent acts with a car brand “INFINITI Q70” NUMBER 2 region, worth 3,124,125 rubles, are known to the investigation and their involvement is reflected in the interrogations of witnesses.

Based on the above, to date, persons involved in the commission of a crime, Full Name 2, Full Name 3, have not been charged (in absentia) with committing a crime under Part 4 of Article 159 of the Criminal Code of the Russian Federation, and these persons have not been put on the wanted list.

Thus, the inaction (action) of officials of the investigative department for the investigation of crimes committed on the territory of the Industrial District of the Investigative Directorate of the Ministry of Internal Affairs of Russia for the city of Samara in failure to fulfill their procedural powers in accordance with the criminal procedural law of the Russian Federation entails a violation of the legitimate rights and interests of the victim.

2) Red tape admitted in criminal case No. NUMBER 1.

The investigation into this criminal case began on August 24, 2015, almost five years ago.

For a long period of time, the preliminary investigation of the criminal case has not been completed, which indicates red tape and failure to make legal decisions, which is a gross violation of the requirements of Art. 6.1 Code of Criminal Procedure of the Russian Federation.

Failure to carry out the necessary investigative actions in a timely manner resulted in a violation of the reasonable time limits for criminal proceedings established by Art. 6.1 Code of Criminal Procedure of the Russian Federation

,
which in turn gives rise to gross red tape, which damages the constitutional rights and freedoms of the victim, impedes his access to justice, and leads to vicious practices.
Based on the above, guided by Ch. 16 Code of Criminal Procedure of the Russian Federation,

Ask:

Termination of criminal prosecution

First of all, it must be said that the termination of criminal prosecution and the termination of a case are completely different concepts.

A criminal case is initiated as a result of the actions of those subject to the Criminal Code.

So, criminal prosecution is unacceptable :

1. The person has no relation to negative events, the qualification of which implies the presence of a crime.
2. The citizen has already been punished for the act committed.
3. The person is subject to a decree to terminate the criminal case.
4. The person has inviolability.
5. The citizen has not reached the legal age required for criminal prosecution.
6. There is an act of amnesty that provides for the committed act.
7. In the presence of active repentance.

Among other things, there are other grounds for closing the case. Each specific case needs to be examined.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

Ask a question

If the actions of employees of the Investigative Committee are aimed at ending the criminal prosecution without reason, then a complaint must be written to the prosecutor about the actions of the investigator. The sample can be downloaded from our website.

Central office of the Investigative Committee

You can contact the central office of the Investigative Committee in one of the following ways:

• Make an appointment with the head of the main department of the Investigative Committee.
• Submit a claim in person to the reception committee at the address: Moscow, st. 1st Frunzenskaya, 3a.
• Send the application by a valuable letter with notification to the address for written requests from citizens: 105005, Moscow, Tekhnicheskiy Lane, 2.

There are also several telephone lines for citizens to contact:

• 8-800-100-12-60 – using this number you can report unlawful actions of employees of the Investigative Committee, including manifestations of corruption. Calls are free from anywhere in Russia, the line operates 24 hours a day.
• 8-800-100-12-70 – telephone number for contacting the Chairman. The direct line is open every first and third Wednesday of the month from 14.00 to 19.00.

You can contact the Investigative Committee using the Internet reception at https://sledcom.ru/#reception. When writing an appeal, you should take into account that appeals that contain:

• obscene language;
• text written in Latin or capital letters;
• incomplete address of the applicant;
• a statement without specifying specific complaints and suggestions.

If the heads of lower investigative bodies did not make a decision on citizens’ appeals, in accordance with Order of the Investigative Committee at the Prosecutor’s Office of the Russian Federation dated September 19, 2007 No. 17, the complaint is sent to the appropriate body within 7 days from the date of registration. The applicant must be notified of the redirection of the complaint.

Complaints submitted through the Internet reception are processed in accordance with the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated 05/02/06.

In accordance with the Federal Law "On the Prosecutor's Office of the Russian Federation", supervision of investigative bodies is carried out by the prosecutor. This means that complaints against a representative of the investigative bodies can be filed with the prosecutor’s office, but only after there has been no response to the appeal from the head of the investigative agency at the place of residence. However, you can file a complaint with the prosecutor’s office and at the same time contact the head of the investigative department.

What else can you complain about?

Since the investigator has a very wide range of powers and responsibilities, he carries out a huge number of procedural actions. Moreover, in principle, all of them can be appealed, unless, of course, their legality is suspect.

Major violations of the law by the investigator:

• violations of procedural rules, that is, non-compliance with the rules establishing the procedure for carrying out investigative actions;
• disrespect for the honor and dignity of an individual;
• failure to comply with the requirements of the law on respecting the rights of participants in criminal proceedings - failure to provide the opportunity to use the protection of a lawyer;
• violation of the order of detention or its implementation without grounds;
• disclosure of data related to the investigation;
• unjustified refusal to consider the application;
• misrepresentation of facts in the indictment;
• Incorrect classification of events.

These are the cases in which a complaint against the actions of an investigator is most often written to the prosecutor's office.

Prosecutor's office

A complaint about the actions or inactions of the investigator to the prosecutor's office must contain the following information:

• The name of the structural unit of the prosecutor's office.
• Applicant's full name, contact details.
• Description of the actions/inactions of the investigator that you want to appeal.
• Request to recognize the actions of an authorized person as illegal.
• Date and signature.

Complaints against the investigator to the prosecutor's office can be found here.

The appeal must be sent to the prosecutor's office at the place where the preliminary investigation was conducted.

The application must be submitted in writing in one of the following ways:

• personally into the hands of the secretary.
• by mail.

Consideration of the application is carried out within up to 3 (in rare cases up to 10) days. The prosecutor's office does not accept repeated complaints, therefore, if the decision made does not suit you, you should contact higher departments.

Legislative basis for the work of an investigator

In his activities, the investigator is guided by the Constitution of the Russian Federation, the Criminal Code of the Russian Federation, the Code of Criminal Procedure, federal laws, decrees of the President, decrees of the Government, orders of the Ministry of Internal Affairs of Russia, documents of the territorial Ministry of Internal Affairs and regulatory legal acts of the authorities of the constituent entities of the Russian Federation.

The main documents that make up the legal basis for the work of this official, depending on where he serves, are: Federal Law No. 3-FZ dated 02/07/2011 “On the Police”, Federal Law No. 403-FZ dated 12/28/2010 “On the Investigative Committee Russian Federation" and the Criminal Procedure Code of the Russian Federation. According to the latter, the investigator has the right:

• initiate a criminal case and take it into account;
• determine the course of the investigation, make decisions on investigative and other actions (exception: some actions are possible only with the consent of the court or the head of the investigative body);
• give instructions on carrying out operational-search activities, performing certain investigative actions (to investigators, district police officers, detectives), executing orders of arrest, bringing, detention, and other actions, receiving assistance in performing these actions;
• appeal the prosecutor's decisions to cancel the decision to initiate a criminal case, return the criminal case for additional investigation, change the scope of the charge or the qualification of the actions of the accused - with the approval of the head of the investigative body;
• perform other actions established by law.

When an investigator does not agree with the prosecutor’s demand to eliminate identified violations of the law during the investigation, he is obliged to submit his objections in writing to the head of the investigative body. The latter informs the prosecutor about this.

In general, all the powers of the investigator should be aimed at conducting high-quality pre-investigation checks and pre-trial work in a criminal case.

Making a complaint

You shouldn’t burden yourself with motivating your complaint. Just remember that the complaint will be reviewed by a highly qualified lawyer who does not need long texts with links to regulations.

Each argument of your complaint will be immediately assessed by the prosecutor as a set of regulations that relate specifically to your case. Therefore, write briefly and clearly - what happened, when it happened, what you are unhappy with and what investigative body the investigator works for.

A complaint to the prosecutor's office consists of the following information blocks:

1. “header”, which includes the name of the prosecutor’s office, full name (name) and address of the applicant;
2. a motivational part in which you should set out the reasons for your disagreement with the actions of the investigator. For example, “I do not agree with the qualification of Ivanov I.I.’s actions, since I was in the apartment at the moment when he entered it. This means that his actions must be qualified as robbery”;
3. list of applications. This is a free complaint option. That is, the applicant can, at his own discretion, attach any documents that would confirm the validity of his complaint. Or maybe not;
4. date and signature of the applicant.

Where to go

Ideally, it is better to send a complaint to the prosecutor’s office to which the investigative department is subordinated territorially or departmentally. However, if you are not familiar with the subordination system, then you can safely write a complaint to any prosecutor’s office, including the General Prosecutor’s Office.

Expert opinion

Morozov Ivan Severinovich

Legal consultant with 6 years of experience. Specialization: criminal law. Has experience in defense in court.

The fact is that the prosecutor's office is a single body built on an internal hierarchy. Therefore, wherever your complaint ends up, it will be forwarded to its destination.

If you send a complaint to the prosecutor's office higher up the hierarchical ladder, there is a chance that it will be put under control.

This means that the complaint will be sent to its destination, but the higher prosecutor’s office will open a supervisory case and require the lower prosecutor’s office not only to deal with the arguments of the complaint, but also to notify the higher authority about it.

The complaint can be submitted to the prosecutor's office in person or sent by registered mail. Let us add that the prosecutor’s office is one of the few bodies in which incoming correspondence is almost never lost. This means that when you file a complaint, you can be sure that it will be recorded and processed.

Complaint against an investigator: rules for drafting in 2019

It must be remembered that your complaint about the decision, actions or inaction of an employee of the Investigative Committee is, first of all, an official document. Therefore, when drawing up such a complaint, we recommend adhering to the basic rules of business correspondence:

Firstly, carefully select your vocabulary, avoid inaccuracies and ambiguous phrases, as well as excessive use of abbreviations;

Secondly, divide your written appeal into meaningful paragraphs so that it is not cumbersome and difficult to understand;

Third, be sure to include your name and mailing or email address to respond to the complaint. An anonymous request is 100% likely to be left without consideration.

The text of the complaint against the investigator must include the following information:

• Information about the addressee of the complaint (in 2021, a complaint against the investigator can be filed with the prosecutor’s office or the head of the investigative body);
• Last name, first name and patronymic of the applicant;
• Contact details of the applicant (email or postal address to which the response to the complaint should be sent, telephone number for communication, etc.);
• Full name of the investigator whose decision, actions or inactions you want to appeal;
• Place of service of the specified investigator;
• Description of the events that gave rise to the complaint (for example, failure to take necessary measures or suspension of the criminal case);
• The applicant’s requirements (for example, to conduct an investigation into the facts specified in the complaint);
• List of documents attached to the complaint (if necessary);
• Date of filing the complaint.

complaints against the investigator (version current for 2021)

Note! If you have questions or encounter any difficulties when preparing a complaint against the decision, actions or inaction of an employee of the Investigative Committee in 2021, you can always seek free legal advice from the specialists of the CenterSoveta portal. The average waiting time for a response from a lawyer is 15 minutes.