Is it possible to attach information from a private detective to a criminal case

[Матушкин Андрей Николаевич]

Vitaly, I censure for not correct behavior to a colleague.

 

[Частный детектив Самара.]

This kind of information (establishing the end subscriber of the cellular network) received from the BH by the customer can be legalized only by interrogating the customer, during which he can indicate this information without reference to the source of the data (from BH). Confirmation of the received information after receiving a response to official inquiry of the investigator. It should be borne in mind that the BH has the right to collect information on criminal cases only if there is a written contract with the customer and a notice of the existence of this contract is sent to the investigating authorities. Subsequently, a written report of the BH may be attached to the materials of the criminal case as a document at the request of the customer (the victim, witness, and other participants in the process). However, the information specified in this report may have the status of admissible evidence in the criminal process only after interrogation as a witness of the BH himself who received the data intelligence. Based on this circumstance, information obtained by BH illegally (in particular by definition of the final subscriber of a cellular network) should in principle not be indicated in the BH report, because otherwise the BH will change the status from the witness to the accused: lol:. But in practice, I would just advise the BH, which provides the “help” to the customer, to communicate with the officers who provide operational support for the criminal case, “drain” them the information by phone for, so to speak, further ORM ... But this is possible only with personal contacts ... Otherwise, no way ...

I agree, it can be solved with operas, they themselves will be asked. I don’t know for sure, but the lawyers have some sort of chip to provide evidence to the court. They ask too often, without further questions.

 

[Детективное агентство ОПЦИОН]

I completely agree with Robert, maybe just not in such a harsh form! As evidence, this may not be accepted by a lawyer. The judge, the investigator, just make a request to the company and they immediately get the results, who and from which computer did this listing! Thanks guys - who helped ........................: roll:

 

[Андрей Захаров]

Vitaliy))) Yes, there’s no chip there))) It’s just the court (when providing this information directly there, especially not directly to the party involved in the trial, but its representative attorney) to be interested in the legality of obtaining information (specifically by phone) never will be ... Here the police are another matter (if not quite a "good" person is caught): lol:

 

[Детективное агентство ОПЦИОН]

The lawyer may, according to the law, conduct his own investigation. There is a lawyer's secret and they cannot interrogate him in relation to his ward, and how he got them, but I can check the evidence presented to him !!!!!

 

[Роберт]

Well you give. Or you have such courts. We have lawyers in St. Petersburg and kicked out of the collegium for arrogance. And even if the judge does not react to how the evidence is obtained, he may be unhappy with the lawyer. And the challenge of a lawyer at the trial stage (by the aggregate of failures) is the end of a career. There, this commission on advocacy ethics will be sorted out ..... It's not so simple.

 

[Роберт]

Robert writes complete nonsense. I have provided this info many times. for the courts, it was only during the trial that the lawyer showed her and not when, no judge asked him where he got it.
And for ignorant amateurs, I’ll say it again, a request to USMT can take at least a month, if you don’t know the structure of the internal affairs department, do not be clever - this concerns you my foe Robert.

I’m not going to answer this rudeness. And on another too. Let the colleagues themselves analyze the statements of this person and draw conclusions for themselves. I made the saddest ones for myself.

 

[Елена Королёва]

If there is a criminal case, there is no problem at all to identify the subscriber number, the investigator writes a letter to the officers who provide operational support for the case, they establish this within a couple of hours and provide the investigator with a response as a response to a separate criminal case order, you do not need to leave the office. In case of further need, the investigator can obtain this information from the mobile operator upon request. But it often happens that the number is registered to a front man

 

[Детективное агентство Тула]

Is it possible to attach information from a private detective to a criminal case

Is there an opportunity to obtain information so that it can be attached to the case file?

Article 286 of the Code of Criminal Procedure Attachment to the materials of the criminal case of documents submitted to the court. Documents submitted to the court by the parties or requested by the court may be examined and attached to the materials of the criminal case on the basis of a court ruling or decision.

Commentary on Article 286 of the Code of Criminal Procedure

The analyzed norm provides the basis and procedure for the study during the trial of documents submitted by the parties or claimed by the court. Such documents may include various references, letters, acts, characteristics, payment documents, explanations of citizens, etc. The parties are entitled to submit copies of documents certified in the manner prescribed by law to a court session.
Within the meaning of the article, in the court session, the parties may submit any documents recorded both in writing and in another form. For the study of documents, see Art. 285 Code of Criminal Procedure.
The right to submit evidence during the trial, which includes documents provided for by Art. 84 of the Code of Criminal Procedure, granted by law to the victim (paragraph 4 of part 2 of article 42 of the CPC), private prosecutor (part 2 of article 43 of the CPC), civil plaintiff (paragraph 2 of part 4 of article 44 of the CPC), representatives of the victim, civil the plaintiff and the private prosecutor (part 3 of article 45 of the Code of Criminal Procedure), the accused (paragraph 4 of part 4 of article 47 of the Code of Criminal Procedure), the legal representative of a minor defendant (paragraph 3 of article 1 of article 428 of the Code of Criminal Procedure), and the civil defendant (paragraph 7 part 2 of article 54 of the Code of Criminal Procedure), to the representative of the civil defendant (part 2 of article 55 of the Code of Criminal Procedure).
Defender according to paragraph 2 of Part 1 of Art. 53 of the Code of Criminal Procedure in the manner prescribed by Part 3 of Art. 86 of the Code of Criminal Procedure, the right to collect and submit evidence necessary for the provision of legal assistance.
Part 2 of Art. 86 of the CPC provides for a slightly different scope of the right of the accused, victim, civil plaintiff, civil defendant, their representatives to collect and present evidence. In accordance with this rule, these persons have the right to collect and present only written documents and objects for evidence in the criminal case. It seems that the analyzed norms do not contain a contradiction. Within the meaning of Part 2 of Art. 86 of the CPC, written documents and objects should be understood as both paper and other storage media, including photographs, audio and video recordings, electronic digital recordings, etc.
At the hearing, only those documents that are relevant for establishing the circumstances to be proved can be investigated and attached to the materials of the criminal case. Previously, all documents are presented to the parties for review. At the same time, their opinion on the need for research and the attachment of documents to the case file is heard.
The motives for introducing and researching these documents are set forth by the court in a determination or ruling. The definition (resolution) also indicates the name of the document, the need to introduce it to the case, the procedure for its study, the composition of the participants, etc. (see article 84 of the CPC). The methods for examining documents received by the court or submitted by the parties are determined depending on the specific circumstances of the case. These documents may be announced at the hearing, examined, subjected to examination, etc.
Documents that cannot be attached to a criminal case must be described in detail in the minutes of the court session containing the information contained in them, details, forms, other properties and signs.

 

[Детектив Чита]

Is it possible to attach information from a private detective to a criminal case?

Good day.
My close relatives are victims of 159. The case was opened. There is a mobile number. The police say that data can only be obtained by court order and within 1-3 months.
Is there an opportunity to obtain information so that it can be attached to the case file?

Good day.
There is an opportunity to get information, but there are certain points .... although a more or less competent detective knows how to get around them.