A separate assignment: the essence, purpose, example
Investigation is rarely limiteda region or a city. In order to fully analyze all the evidence and make a complete picture of the crime, it is necessary to conduct a thorough investigation.
Periodically, the investigation of a crime obligesinvestigator to conduct certain actions related to the process, outside the area in which the investigation is being conducted in the case. If there is such a need to conduct search activities in another area, the investigator has the authority to instruct this body of inquiry or conduct the actions independently. In the event that the carrying out of events is entrusted to the bodies, they must respond within a period of not more than 10 days from the moment of commission.
Such an appeal of the investigator to another region with a request to conduct search or other investigative actions is called a separate commission of the investigator.
The separate order entailsthe division of actions between several investigative investigators in order to most effectively reduce the time spent on investigation and sentencing.
The investigator has the authority to instruct other investigative bodies to conduct investigative and investigative actions. Instructions must be provided in writing.
The law does not establish which investigativeor investigative actions must be performed personally to the investigator, that he is working on the case, and which can be entrusted to the investigating authorities in another district or another investigator.
The law also does not regulate the procedural form, direction, procedure for preparing a separate assignment.
When sending orders, the investigator takes into account,that it is impossible to entrust execution of procedural acts in criminal cases. The investigator, who is engaged in the investigation of the criminal case, is obliged to independently file an accusation, and also interrogate the accused, conduct interrogations, inspect the scene of the incident, and make the suspect acquainted with all the materials on the case.
In addition, the investigator should not entrust the interrogation of eyewitnesses of the crime, conducting confrontations with other investigators.
You can not entrust also the clarification of questions that can give important information about the case. Exceptions can be, but this issue is very scrupulous.
Separate assignments of the investigator can be divided into several groups. They have within themselves common features and characteristics that affect their formation.
The following groups are distinguished:
- instructions for collection, as well as verification of evidence;
- instructions on the implementation of the rights of some participants in the criminal investigation process;
- separate instructions on taking measures on procedural coercion;
- instructions for the production of search activities;
- instructions related to the execution of the procedural duty, on the issues of the investigator taking measures to eliminate and identify the conditions and causes that contributed to the commission of the crime.
Submit a request
A separate order must be made in writing by a special letter. It consists of three parts.
The first part indicates the performer and the addresseeinstructions. A letter is immediately sent to the prosecutor's office or police station in the area or city where an investigation will be necessary. Such an indication is mandatory for the authorities.
In the second part, which is descriptive,outlines the circumstances of the case to the extent necessary for high-quality execution of the instruction. It is important to take into account that the narrative is determined by the general nature of the case. The plot is clearly and clearly stated. They indicate when a criminal case has been initiated, if there are suspects who are being held in custody, the period of arrest is indicated. For the executor of the commission, such data acts as a disciplining measure that stimulates the performance of the assignment in a qualitative way.
Considering the sample of a separate commission,it must be noted that the dates when the instruction is sent are necessarily indicated, the names of the responsible persons are listed and the name of the body that gives the instruction is indicated.
Separate Instruction No. 11 / 236-9 * 12.53.20 **
To the out-of-staff officer of police Ivanov II
Petrovsky ROVD of the Emskaya Oblast is carried outpreparatory verification of information on theft March 9, 20 **. 5000 kg (five tons) of beets from the vegetable store of the "Prilupsky" collective farm. In order to conduct a lawful, as well as a reasoned decision on this fact, it is necessary to establish the amount of material damage caused by this act. In this connection, and in the established order, the director of the "Prilupsky" state farm sends a request for the preparation of a Certificate on the cost of stolen cabbage.
The deadline for the preliminary verification of thethe offense expires, but the above document has not been received before the current time. I ask in accordance with No. 1.3 of the "Provisional Instruction on the organization of work of freelancers" to provide assistance with the question of obtaining from the administration of the "Prilupsky" state farm information about the exact cost of 1 kg (one kg) of cabbage. The reference is necessary with the assurances of the director.
I ask you to fulfill the assignment within three days.
Reply to the request I ask to give to the address: Emsk, ul. Central, d. 1.
Senior Inspector of the Petrovsky District Department of the Interior of the Emskaya Oblast, Colonel of the Police, А.А. Sidorov.
Only in the film "A Separate Mission" Arnautov, the main character, quickly and easily fulfills the commission.
In reality, the investigation often faces unfair execution of individual assignments, which entails delays in legal proceedings.