Competent wording in the contract

[Виталий Жук]

Good evening, colleagues!
Tell me. The situation is as follows: The organization asked to find their former employee who robbed the company by more than 300 thousand rubles. A statement to the police was written six months ago. The authorities did not institute criminal proceedings due to the absence of the suspect (according to them due to the fact that they could not take an explanatory note from him). That is, the materials are under verification. How to correctly indicate in the contract the type of services provided in order to gain access to the audit materials, because the law stipulates that the collection of information only on the materials of criminal cases.

 

[udav55]

Hello.
From personal practice, I can say that bypassing this, you can make a power of attorney on the right to represent the interests of the client thanks to which you can familiarize yourself with the materials instead of the applicant. The contract can be drawn up to search for a missing person or loss of communication (which is more consistent). Until there is a criminal case under the law, nothing can be done. Only representing the interests of the client and presenting the material in his interests by proxy. You can attach the contract, but a power of attorney is required. Otherwise, all accumulated materials may not be shared.

 

[частный детектив Ессентуки]

Good day. I don’t think that you will find in the audit materials that you yourself cannot work out. Make an ordinary contract, and start collecting information. The customer himself will be able to give you most of the information. And there already professional skills must work out. The opinion is. Successes ....

 

[Андрей Захаров]

Hi Vitaliy))) When drafting a contract in this case, you must specify "collection of information on criminal cases", because. in this particular case, information will be collected to resolve the issue of initiating or refusing to institute criminal proceedings. You will still not be allowed to familiarize yourself with the materials collected at the request of the client as part of the preliminary inspection ... The maximum which document will be allowed to be examined (officially) - so this is a decision to refuse to do wood ... This decision is served the applicant is obligatory ... Familiarization of the applicant with all materials of the audit is in principle not provided for by the rules of the CPC ... Therefore, you are not allowed to familiarize yourself with them (officially) (even if there is a power of attorney) ... because of the impossibility of interrogating him, he’s practiced everywhere ... Especially in cases similar to yours ... There will be nothing interesting in the materials of the inspection you want to read ... So, the report about the impossibility of establishing the location of the “defendant” ", formal surveys of acquaintances, neighbors, etc. (This takes into account the fact that you can familiarize yourself with the materials provided by the applicant-customer at kazchika) If you are really interested in these materials, you can officially reclaim them in court when filing a lawsuit against the “defendant” to recover the amount of debt from him, the court will take a look at all the materials requested (however, this procedure in your case probably just doesn’t have sense) ... And so, you just need to conclude an agreement on the provision of services as part of collecting information on criminal cases ... Make an official notification to the body that conducted this check, then just talk with the persons who conducted the check, finding out from them all information you are interested in (unless of course they go to the "contact" ...) And then do the "search" of the person involved in the collection of information on criminal cases ... Something like this ... These are practical developments ...

 

[Виталий Жук]

Thank you colleagues for your help!

 

[Виталий Жук]

Hi Vitaliy))) When drafting a contract in this case, you must specify "collection of information on criminal cases", because. in this particular case, information will be collected to resolve the issue of initiating or refusing to institute criminal proceedings. You will still not be allowed to familiarize yourself with the materials collected at the request of the client as part of the preliminary inspection ... The maximum which document will be allowed to be examined (officially) - so this is a decision to refuse to do wood ... This decision is served the applicant is obligatory ... Familiarization of the applicant with all materials of the audit is in principle not provided for by the rules of the CPC ... Therefore, you are not allowed to familiarize yourself with them (officially) (even if there is a power of attorney) ... because of the impossibility of interrogating him, he’s practiced everywhere ... Especially in cases similar to yours ... There will be nothing interesting in the materials of the inspection you want to read ... So, the report about the impossibility of establishing the location of the “defendant” ", formal surveys of acquaintances, neighbors, etc. (This takes into account the fact that you can familiarize yourself with the materials provided by the applicant-customer at kazchika) If you are really interested in these materials, you can officially reclaim them in court when filing a lawsuit against the “defendant” to recover the amount of debt from him, the court will take a look at all the materials requested (however, this procedure in your case probably just doesn’t have sense) ... And so, you just need to conclude an agreement on the provision of services as part of collecting information on criminal cases ... Make an official notification to the body that conducted this check, then just talk with the persons who conducted the check, finding out from them all information you are interested in (unless of course they go to the "contact" ...) And then do the "search" of the person involved in the collection of information on criminal cases ... Something like this ... These are practical developments ...

And in the contract, doesn’t it be necessary to indicate a specific criminal case?

 

[Андрей Захаров]

Vitaliy))) Indicate the number of the rejected in the contract (now the numbers of the refused by the KUSP number) ... Previously, there was a slightly different account ... The KUSP number can be obtained from the information in the coupon-notification of the acceptance of the application from the client ... And in the contract you can indicate the collection of information on criminal cases within the framework of the statement received by the OP --- upon the theft of funds from the gr .-- (material on the refusal of the wood-workstation No. ---- from ____ 20 --- year) ... How something like this ... Do not forget to send a notice of entry into the business against the signature in the OP ... (term in the Federal Law) ... Otherwise, there will be a violation ...

 

[udav55]

Dear Colleagues.
Do not forget that drawing up an agreement on the collection of information on criminal cases we are talking about a specific criminal case. And in this case he is not there, and even if a notice is received on the refusal to initiate a criminal case, it will only be possible to find out on what basis it has not been instituted and what is the intent of the person with respect to whom the statement is written. And then what? And then the valiant police will put the material of the inspection on a shelf to gather dust and safely forget about it by writing it off to the nomenclature. Here, as far as I understand, the client does not want this, but wants to finish the job. And familiarization with the verification materials just plays a big role. It can be seen from them what has been done, and what our colleagues in uniform simply forgot or in their own mind just scored. I personally got acquainted with the verification materials more than once thanks to the power of attorney. And I saw how it worked through the sleeves. Yes, and then you have to play football from the prosecutor's office to the police and vice versa. As far as I understand, they are trying to initiate a case of fraud, and 159 Art. The colleagues in uniform are not particularly favored by the Criminal Code, it is easier to write off to the nomenclature and kick the “patience” in court so that he himself can prove and solve the problem on his own. And they have a lot of "serious" cases.

 

[Андрей Захаров]

In accordance with the definitions of the Constitutional Court of the Russian Federation, familiarization with the applicant’s verification materials involves only familiarization with the information that the applicant actually gave ... They (the police) are not obliged to acquaint ALL the materials in accordance with applicable law (in particular the Code of Criminal Procedure) ... (If they were acquainted, this is more likely an exception to the rule than the rules). And the materials that the applicant presented to the police are with the applicant himself ... But you need to work to establish the location of the "villain" taking into account the developments made ( it turns out from persons who conducted direct work on the material, on personal contacts) ... Something like this ... Repeatedly tested ...

 

[Виталий Жук]

By the way, Andrey! And what format should the notification be? As I understand it in free form. Maybe throw off the sample