Отечественное законодательство предоставляет Opportunity for individuals to appeal decisions taken in the framework of criminal proceedings. Participants of the process and citizens whose interests affect the issued acts can act as subjects of law.
They are installed art. 124, 125 of the Code of Criminal Procedure. These articles provide for challenging actions / omissions, as well as decisions:
Art. 124, 125 of the Code of Criminal Procedure apply to:
The order, according to which thethe consideration of claims by these officials is established in Art. 124 of the Code of Criminal Procedure. The head of the investigative body, the prosecutor are obliged to consider the application within three days from the date of its adoption. In some cases, if you need to claim certain materials or take other measures, the period of the claim can be increased to 10 days. The applicant must be notified of this. As a result of consideration, the official issues a resolution on partial or complete satisfaction of the complaint or on refusal to do so.
When the complaint is satisfied, drawn up anddirected in the manner provided for in Part 2, Art. 123 of the CCP, the decision should contain indications of procedural actions that must be carried out in order to expedite the consideration of the case materials. In addition, it establishes the timing of their implementation. The provision of Article 124, part 3, in the constitutional legal interpretation does not allow the refusal of the prosecutor, the inquirer, the court, the investigator to investigate and evaluate the reasons given in the application (petition) under consideration. At the same time, when making an appropriate decision, these officials are obliged to motivate him, pointing out the specific and sufficient grounds in accordance with the principle of reasonableness, according to which the reasons were rejected or accepted. The applicant must be informed of the approved act, as well as the procedure for its subsequent appeal immediately. In the cases provided by the Code, the investigator, the investigator may challenge the decisions, omissions / actions of the head of the division or the prosecutor to a higher-ranking official.
It is submitted for decisions on refusal to initiate a case, on the termination of criminal proceedings:
Actions / omissions of a different nature thatmay infringe the freedoms and rights of concerned citizens, and a complaint may also be lodged. Art. 125 of the Code of Criminal Procedure establishes that the claim must be forwarded to the district court located at the place of the preliminary investigation. As the subject of the law is the applicant, the defender, the legal representative. Claim under art. 125 of the Code of Criminal Procedure can be sent directly to the court either through the prosecutor, the head of the investigative body, the investigator, the investigator.
При оспаривании постановления ст.125 of the Code of Criminal Procedure allows the representative of the victim to participate in the examination of the application for inaction / action or the decision of the prosecutor, investigator, inquirer. It will not matter whether he participated earlier in the case or not. The representative must have the appropriate powers, confirmed in writing.
The application filed under Art.125 of the Code of Criminal Procedure of the Russian Federation (a sample of the document is presented in the article) should contain an accurate and clear statement of the circumstances with which the author does not agree. The court, in turn, on the basis of the above arguments, verifies the validity and legality of decisions, inaction / actions of officials. The norm establishes the period during which the claim for the decision is investigated. In the order of art. 125 of the Code of Criminal Procedure, it is not more than 5 days. Calculation of days starts from the date of receipt of the application.
Art.125 of the Code of Criminal Procedure establishes that the claim is considered in open session. The exceptions are the cases provided for in Article 241 of the Code. The applicant, the legal representative / defense counsel, as well as other citizens whose interests were affected by the contested decision or the conduct of the above employees participate in the hearing. Non-appearance of the parties that were promptly and properly notified about the time and place of the meeting will not be an obstacle to the consideration of the claim. At the beginning of the hearing, the judge announces what statement will be dealt with, it appears to the persons who have appeared, explains to the participants their duties and rights. After that, the applicant is granted the right to substantiate his complaint. He cites the relevant arguments, presents evidence. After his speech, other persons are heard, who appeared at the meeting. The applicant has the right to make a cue. According to Art. 125 of the Code of Criminal Procedure, based on the results of the consideration of the claim, the court makes a decision. According to him:
Copies of the decision adopted in the order of art.125 of the CPC, must be sent to the head of the investigative body, the prosecutor and the applicant. The acceptance of the complaint is not a ground for suspension of the contested action, as well as the execution of the decision. As an exception, and if necessary, the adjudicated process may be suspended by a judge, a prosecutor, an investigator, an investigator, the head of the inquiry / investigation body.
You can file a complaint:
The law allows for the expression of a claim notonly in writing, but also orally. In the latter case, it must be recorded. This document, as well as a written complaint, is sent within 24 hours to the head of the investigating body or the prosecutor. The claim must be signed not only by the applicant, but also by the investigating officer. When sending a protocol and a complaint to higher persons, the latter must attach his explanations. A period of 10 days is set for the prosecutor to consider the application. This period is considered the maximum. It cannot be extended under any circumstances.
Contents of art.125 of the Code of Criminal Procedure of the Russian Federation is based on constitutional provisions. In accordance with Article 46 of the Basic Law, every citizen is guaranteed judicial protection of his freedoms, interests and rights. Thus, illegal actions / inaction, decisions of state authorities, municipal government, public organizations, as well as employees of the appropriate rank can be challenged in court. The provisions of the article under consideration apply only to those circumstances that occurred during the pre-trial proceedings. In particular, we are talking about the stage of initiation of production, the conduct of a preliminary investigation. Not only a citizen, but also a legal entity can act as an applicant.
In the comments to Art. 124 of the Code of Criminal Procedure states that:
The decision of the prosecutor may be appealed by a higher official.
