MIA has offered to give the investigators the right to access banking secret
Moscow. September 27. INTERFAX.RU — Investigators can gain access to the information that represents banking secret, out of court. Notice about the early development of the bill placed by the Ministry of internal Affairs (MIA) of Russia on the portal regulation.gov.
Now according to the law in the investigation of criminal cases only the investigator with the consent of the head of the investigative authority is entitled to obtain information on transactions and accounts of legal entities and individual entrepreneurs, as well as in the operations and deposits of natural persons (this information is banking secrecy — if). The interior Ministry proposes to include the investigator in the list of officials entitled to request in banks of the information.
As the developers of the draft law to the investigative jurisdiction of the investigator also classified as crimes associated with the movement of funds on accounts of citizens and legal entities. According to MIA territorial bodies in 2017 in the production of investigators was nearly 47 thousand criminal cases about such crimes for 7 months of this year — about 26 thousand.
At the present time to obtain the information from banks on accounts of suspected (accused) or persons having by law liability for their actions, investigators can only on the basis of a court decision to enforce a sentence (article 115 of the code of criminal procedure).
In 2017 the investigators, with the consent of the supervising prosecutors on the basis of a court decision directed 4 939 thousand requests for withdrawal in the banks of information with limited access, for 7 months in 2018 — 3 thousand 918. Thus on approval of the request from the Prosecutor takes on average about a day (in GU MVD of Russia in Moscow up to 7 days), and for consideration by the court — about 3 days (in GU MVD of Russia in Moscow up to 2 months). The decision of the court of credit institutions performed in the period of 3 months, indicates MIA.
Get help on accounts of individuals who are not suspects (accused), including the crime and establishment of all the circumstances, the investigator is not entitled.
In this regard, last year 2 857 criminal cases in which there is a need to obtain information from banks, such help is not sought, for 7 months in 2018, 2 thousand 128 criminal cases.
“The absence of the investigator of the relevant authority does not allow timely implementation of investigative actions aimed at collecting evidence, which makes it difficult to establish the perpetrator, and a violation of the rights of victims to access justice,” noted the authors of the amendments.