The Criminal Investigation in Russia

The criminal investigation in serious cases is divided into two stages: an informal inquest performed by the police and a formal preliminary investigation usually conducted by a legally trained investigator who works for the Ministry of Internal Affairs but is subordinate to the procuracy. Less serious cases are investigated by the police and their reports are submitted in writing directly to the courts, by passing the formal preliminary investigation.

The activity of the police during the inquest is supposed to be limited to arresting suspects, securing the crime scene, and taking initial evidence from available suspects and witnesses. The police should inform the procuracy within twenty four hours of the arrest of a suspect and the case should then be turned over to the investigator who decides whether to initiate a formal criminal investigation. All investigative acts are documented in writing and collected in an investigative dossier that follows the case into the courts and serves as a repository for vital evidence during trial and appeal. The procurator has forty-eight hours after notification to either issue an order of preventive detention or release the suspect. Detention is authorized if there is fear the defendant will not appear for trial, destroy evidence, commit more crimes or just because of the seriousness of the offence.

When the investigator determines that there is sufficient evidence to bring the accused before trial he prepares an accusatory pleading and forwards it to the procurator for review. The accused and his counsel have, at this point, the right to full discovery of the entire contents of the investigative dossier. The procurator may dismiss the case, amend the pleading or forward the case to the court for trial.

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