Question to the respected lawyers

[Евгений СБ]

The victim wrote a statement to the OEPiPK with a request to prosecute the villain1 under Art. 165, 201 and 185.5 of the Criminal Code. The case was opened, however, only six months later and according to the report, the OEBiPK opera against the villain2, under part 4 of article 159 of the Criminal Code.
Then during the year investigative actions were carried out - interrogations and confrontations with the villain1 and villain2. Later, material on the villain1 (Article 159 of Part 4 of the Criminal Code) was isolated from the case as unrelated to the case. The separation order writes that they found out the circumstances of the crime committed by the villain1 during the investigation of the case, however, all these circumstances were indicated in the victim’s statement.

Questions:
1. Since the case was initiated on other grounds by the villain2, does this mean that a decision has not yet been made on the victim’s statement regarding the villain1?
2. Does it follow that the investigative steps taken against the villain1 have no legal effect?
3. Does this mean that material regarding the villain1 was illegally allocated? Again, no decision was made on the application.
4. Is it possible to isolate material from the material? Or is separation possible only from an excited case?

I represent the interests of the injured party. I would like to hear your opinion on the issues raised and advice on further actions to bring the villains 1 and 2 to justice.

 

[Андрей Захаров]

Good day, Eugene))) If it’s not difficult, scanned documents have come out (a decision to institute proceedings, a decision to isolate from the criminal case materials, and other decisions that may take place, in particular, a decision to terminate criminal prosecution within of the criminal case, as well as documents confirming the fact of filing the application and preferably a copy of the application for the initiation of the criminal case). An answer is also needed - what decision has, in principle, been taken on the criminal case at present (a decision was made to terminate the criminal case, an indictment was drawn up ) After analyzing these documents (without any water and speculation), you can give detailed answers to the questions posed ... By correlating the available documents mentioned above with the requirements that are regulated by the Code of Criminal Procedure of the Russian Federation ...

 

[Евгений СБ]

And in the continuation of the topic:
In the Decree on the allocation of materials, the wording:
... guided by Article 155 of the Code of Criminal Procedure
Holds:
Separate from the criminal case No. into a separate proceeding the criminal case materials containing information on the commission by Ivanov and unidentified persons of a crime under Article 159 of the Criminal Code of the Russian Federation.
Questions:
Did the investigator correctly select the materials from the criminal case in accordance with Article 155 of the Code of Criminal Procedure?
Or was he supposed to single out the case, in accordance with Article 154 of the CPC? Because data on the person who committed the crime is known. Those. There is an allocation in relation to a certain person - Ivanov.

 

[Андрей Захаров]

Eugene))) The difference in these norms of the Code of Criminal Procedure is that, by separating the materials into a separate proceeding according to Article 155 of the Code of Criminal Procedure of the Russian Federation, the investigator does not initiate a case, but transfers materials to resolve the issue of initiating it ... (i.e., a separate case upon separation by the investigator is not instituted). In accordance with Article 154 of the Code of Criminal Procedure (in particular, part 3 of this article), the investigator sets aside a separate proceeding that he has already initiated with the ensuing consequences on the timing of the investigation of a criminal case ... Regarding the correctness of the actions of the investigator - theoretically, if there are no sufficient grounds for initiating a criminal case, a decision is made in accordance with Article 155 of the Code of Criminal Procedure ... But this is only theoretically ... This is one of the "tricks" to hide crimes from registration ... It may well be- Sledak is trying to "get" the client out of attack ... (but this is only practical speculation: lol . Regarding the evidentiary power of materials allocated to a separate production, everything is indicated in Articles 154, 155 of the Code of Criminal Procedure ... For detailed consultation ultions, you need to familiarize yourself with the documents ... If there are no documents, start with the fact that, having drawn up a written statement from the patient, copies of the decisions that were made on the basis of the criminal case and which the victim has the right to appeal ... Having received these documents, you can already talk more ... In matters of compliance with procedural legislation, it is important to familiarize yourself with the documents drawn up by officials ... If there is a website, contact us, we will talk. My skype is agatazah1

 

[Адвокат]

Questions:
1. Since the case was initiated on other grounds by the villain2, does this mean that a decision has not yet been made on the victim’s statement regarding the villain1?
2. Does it follow that the investigative steps taken against the villain1 have no legal effect?
3. Does this mean that material regarding the villain1 was illegally allocated? Again, no decision was made on the application.
4. Is it possible to isolate material from the material? Or is separation possible only from an excited case?

Answers:

1. A criminal case shall be instituted both against a specific person and against an unidentified person. The initiation of a criminal case against an unidentified person indicates that the material does not have enough data to initiate proceedings against a specific person. But this does not mean at all that the investigator will not collect evidence in respect of the person whom the applicant testified. In this case, if evidence of his criminal activity is received on this person, the suspect suffers more, because his right to defense is limited by the right of the witness, what he will be until he is interrogated as a suspect.
If a criminal case has been initiated on the basis of the submitted application, then some response measures have already been taken.
Is it possible to say whether a decision was made regarding the villain1 only after studying the application, the decision to institute criminal proceedings, the resolution on the allocation of the criminal case.
If the case is set aside in relation to the villain1, then this is a procedural decision aimed at checking the message in relation to this person.

2. All investigative actions carried out within the framework of a criminal case are legal. In case of separation of the criminal case, the selected materials are certified by the investigator and have equal legal force with the original.

3. Whether the material has been legally allocated or not can only be said after seeing, at a minimum, the Regulation on the allocation of materials.
From the criminal case, both material and another criminal case can be distinguished. As I understand it, in your case, the separation was made from a criminal case, which does not contradict the law.

 

[Евгений СБ]

Is it possible to isolate material from material? Or is separation possible only from an excited case?

 

[Андрей Захаров]

Eugene))) That you can’t get in touch ... Has the need disappeared?

 

[Евгений СБ]

Eugene))) That you can’t get in touch ... Has the need disappeared?

We can’t cross each other I threw you electronic documents.

 

[Андрей Захаров]

Eugene))) The answer was sent))) Regarding the allocation of material from the material (not a criminal case) ... Such an allocation is not provided for in the Code of Criminal Procedure ... But in your case, the selection of materials is from a criminal case ... Details are in the message. ..