2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Investigations are rarely limited to one region or city. In order to fully analyze all the evidence and draw up a complete picture of the crime, a thorough investigation is necessary.
Periodically, the investigation of a crime obliges the investigator to carry out certain actions related to the process, outside the area in which the case is being investigated. If such a need arises to conduct search activities in another area, the investigator has the authority to entrust this to the body of inquiry or to carry out actions independently. In the case when the activities are entrusted to the authorities, they must respond within a period of no more than 10 days from the date of the instruction.
Such an appeal by an investigator to another district with a request to conduct search or other investigative actions is called a separate assignment of the investigator.
Target
Histhe purpose of a separate assignment implies the division of actions between several investigators working on the case in order to most effectively reduce the time for the investigation and sentencing.
The investigator has the authority to instruct other bodies of inquiry to conduct search and investigative actions. Orders must be submitted in writing.
Legal settlement
The law does not establish what kind of search or investigative actions must be performed personally by the investigator, what is working on the case, and which ones can be entrusted to the bodies of inquiry in another district or to another investigator.
The law also does not regulate the procedural form, direction, procedure for preparing a separate order.
When sending an order, the investigator takes into account that it is impossible to order the execution of procedural acts in criminal cases. The investigator who is investigating a criminal case is obliged to bring charges on his own, and also to interrogate the accused, conduct interrogations, inspect the scene, familiarize the suspect with all the materials on the case.
In addition, the investigator should not entrust the interrogation of eyewitnesses of the crime, the conduct of face-to-face confrontations with other investigators.
You can not also entrust the clarification of questions that may provide important information about the case. There may be exceptions, but this issue is being resolved very scrupulously.
Order groups
SeparateThe instructions of the head of the investigation can be conditionally divided into several groups. They have within themselves common features and features that affect their formation.
The following groups are distinguished:
- orders for the collection and verification of evidence;
- orders on the implementation of the rights of some participants in the criminal investigation process;
- separate instructions on taking measures for procedural coercion;
- orders on the production of search actions;
- orders related to the fulfillment of procedural obligations, on the adoption by the investigator of measures to eliminate and identify the conditions and causes that contributed to the commission of the crime.
Submit request
A separate order must be made in writing by a special letter. This appeal consists of three parts.
The first part indicates the performer and addressee of the order. A letter is sent immediately to the prosecutor's office or police station in the area or city where it will be necessary to conduct an investigation. Such an indication is mandatory for the authorities.
The second part, which is descriptive, sets out the circumstances of the case to the extent necessary for high-quality execution of the order. It is important to bear in mind that the descriptive part is determined by the general nature of the case. Be sure to clearly and clearly outline the plot. Indicate when the criminal case was initiated, whether there are suspected persons who are in custody,the period of arrest is indicated. For the executor of the order, such data act as a disciplinary measure, stimulating the execution of the order with high quality.
Sample
Considering a sample of a separate order, it should be noted that the dates when the order was sent are indicated, the names of the responsible persons are listed and the name of the body that gives the order.
Separate Order No. 11/236-912.53.20
To freelance police officer Ivanov I. I.
Petrovsky District Department of Internal Affairs of the Emsk region is conducting a preparatory check of information about the theft on March 9, 20 of 5,000 kg (five tons) of beets from the vegetable storehouse of the Prilupskaya collective farm. In order to make a legal, as well as a reasoned decision on this fact, it is necessary to establish the amount of material damage caused by the specified act. In this regard, and in accordance with the established procedure, a request is sent to the director of the state farm "Prilupskay" to prepare a Certificate of the cost of stolen cabbage.
The period for preliminary verification of a report of an offense expires, but the document named above has not been received by the current time. I ask, in accordance with No. 1.3 of the "Temporary Instruction on the Organization of the Work of Freelancers", to provide assistance in obtaining a Certificate from the administration of the state farm "Prilupskay" on the exact cost of 1 kg (one kg) of cabbage. Help is required with assurances from the director.
Please complete the order within three days.
Please provide the answer to the order to the address:Emsk, st. Central, d. 1.
Senior inspector of the Petrovsky police department of the Emsk region, police colonel, A. A. Sidorov.
Reality
Only in the film "Separate Commission" Arnautov, the main character, quickly and easily executes the order.
In reality, the investigation often encounters unfair execution of certain instructions, which entails delays in legal proceedings.
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