The Commissioner for human rights in the Russian Federation Tatiana Moskalkova believes that Russia needs to move away from pre-investigation checks, abandoning the stage of initiation of criminal proceedings. Such a proposal was voiced during the parliamentary hearings in the Federation Council on the topic “Criminal policy – roadmap (2017 – 2025)”.
“In the current (in Russia) of the criminal procedure models are large-scale problems that cause people to have questions and lead to the violation of their rights. The first is the existence of a stage of excitation of criminal case”, – said the Ombudsman. She recalled that this procedure was introduced in 1937 and prior to that, the Charter of criminal proceedings of 1864 of the filing of the appeal from the victim and register it immediately began the process of criminal proceedings.
“In 1937, when there was this stage, she was given three days, it was necessary only to separate: the statement provides information about socially dangerous act, or it is an administrative offense. Gradually this stage is turned into a procedural action, maturity was extended to 30 days and lost its original meaning,” – said Moskalkova. She recalled that neighbouring countries – Moldova, Ukraine, and Kazakhstan renounced this stage, “returning to our Russian experience and our continental system of law.”
The second major problem she called the role of the investigator. “Who is he today? He referred to the prosecution, he was such a role in the criminal procedure law, and hence it is inevitable some accusatory,” – said Moskalkova. She was encouraged to return to the model of the Charter of 1864 with the modern realities – “the statement was recorded and from that moment began all the proceedings.
The investigator collected all the evidence, but did not formulate the charges. The charges formulated by the Prosecutor who sent the case to the court and did not depend on attitudes – whether he likes the person who committed the crime or victim, or not.”
The rejection of the initiation of proceedings will increase the pressure on the business
Deputy Chairman of the Investigative Committee of the Russian Federation Alexander Fedorov strongly disagree with the idea of abandoning the procedure of excitation of criminal cases. “If we say that it is necessary to reduce pressure on business, then let’s think about what happens if we abandon the stage of criminal case, – he said at the hearing. – A person submits an application or there is another only an excuse (for the beginning of the criminal process – approx. TASS) without any reason and start to carry out investigative actions in respect of the relevant legal entity. I’ll see how much we have legal entities in respect of which not carried out a criminal investigation!”, he said.
“Let’s start from the realities of our existence to see what is happening in the country as it can be used” – called Fedorov.
The stage of excitation of criminal case is the initial in the criminal process. At this stage the authorities or officials, having received the message about committed or planned crime, establish the presence or absence of grounds for criminal proceedings and make a decision either on excitation or refusal in excitation of criminal case.