Procedural-Criminalistic Aspects of Some Clauses of the Modern Stage of Initiating Criminal Proceedings in the Russian Criminal Process

Abstract

The current publication examines a topical problem of modern criminal process connected with the initiation stage of a criminal case. The article presents the positions of Russian specialists in procedural law, both of those who support this stage, and of those who oppose it claiming that it is now an anachronism which should be abolished by the lawmakers. The author conducts a detailed analysis of the contents of Part 1, Art. 144 of the Criminal Procedure Code of the Russian Federation, examines the contents and character of investigatory actions that the lawmakers included in this Part and authorized to be conducted before a criminal case is initiated, specifically: an inspection of the crime scene, the area, the dwelling or any other place, the body, objects and documents; examination (forensic and criminalistic); obtaining samples for a comparative examination; a request of objects and documents, and their confiscation under the procedure provided by the current Code; an appointment of forensic examination, a participation in its process and obtaining its results within a reasonable time; a demand for documentary examinations, audit, research of documents, objects, bodies, an involvement of experts in these actions, issuing a written order for the investigatory bodies to conduct operative-search activities aimed at obtaining evidence of the crime and the guilt of the person who committed it. The conducted study includes critical comments regarding the contents of these actions. Besides, in the current work the author concludes that the contents of Part 1, Art. 144 of the Criminal Procedure Code of the Russian Federation created the conditions and the practical necessity for developing an independent tactic of conducting the abovementioned investigatory actions of the pre-investigation examination at the stage of initiating criminal proceedings, and presents arguments to support this conclusion. The article shows that the tactic of conducting investigatory actions at the stage of preliminary investigation is not fully suitable for a pre-investigation examination.