“Criminal” registry: repression or accounting?

[himuhumaira]

The name of every Ukrainian about whom law enforcement officers have received information about a violation of the law may be included in a single register of pre-trial investigations

From November 19, Ukraine will begin to live in accordance with the new Criminal Procedure Code. According to him, the stage of initiating a criminal case is cancelled, and pre-trial investigation begins from the moment the information is entered into the unified register of pre-trial investigations. The Prosecutor General of Ukraine Viktor Pshonka, together with the heads of law enforcement agencies, approved the regulation on the procedure for maintaining a unified register of pre-trial investigations on August 17, 2006. According to the Prosecutor General, the Register is intended, first of all, for the ordinary citizen not to go to the policeman or the prosecutor, asking for help.

However, a serious problem that may be caused by the implementation of this idea is that the absence of a formal initiation of a criminal case makes it impossible to appeal the fact of its initiation. At the same time, as practice shows, a significant number of allegations of crimes are not confirmed during their preliminary investigation. According to the Ministry of Internal Affairs, law enforcement agencies annually refuse to investigate criminal cases of almost 2,500,000 statements and reports of crimes. Thus, it can be assumed that if the proposed revision of the new Criminal Procedure Code is adopted, the police will be obliged to conduct a full investigation of more than 3,000,000 criminal cases. Most of these cases will not have a judicial point of view, but their investigation will lead to the restriction of the rights and freedoms of citizens whose actions (possibly not actually committed) will be investigated. What the registry threatens to introduce and how it will function, the “judicial-legal newspaper” has understood.

Thus, according to paragraph 1.2 of the resolution on the procedure for maintaining a single register of pre-trial investigations, approved by order of the Prosecutor General's Office of Ukraine No. 69 of August 17, 2006 (its text is available in the "judicial and legal newspaper"), the Register is created using an automated system, an electronic database that collects, stores, protects, registers, searches, summarizes certain data (which - see excerpt), which are used for reporting, and also provides information about the information entered into the register.

The creation of a unified register of pre-trial investigations (hereinafter referred to as ERDR) pursues several goals: to ensure a unified record of criminal offenses and persons who committed them during the pre-trial investigation of decisions and results of judicial proceedings; Operational control over compliance with laws during pre-trial investigation; Analysis of the state and structure of criminal offenses.

Let's see how this will work with a specific example. Let's say your neighbors have filed a police report that you are allegedly hiding a mini-warehouse with weapons in your apartment without the appropriate permits. Such actions fall under Article 263 of the Criminal Code "illegal handling of weapons, ammunition or explosives."

How will the information go into the registry?

So, your neighbors have filed a complaint against you. According to Art. 214 of the new CCP, Alfaa

The investigator, the prosecutor immediately, but not later than 24 hours after filing the application, the report on the committed criminal offense (hereinafter - up) or after self-identification from any source of circumstances that may indicate the Commission, must Enter the relevant information in the Unified Register of Pre-trial Investigations and begin the investigation. In addition, he has no right to refuse to accept and register the application.

Pre-trial investigation (hereinafter referred to as other) begins from the moment the information is entered into the register. It is prohibited to conduct it, and especially without entering the information. However, in some cases, the scene of the incident can be examined before entering the information, but then all data is immediately registered in the Unified Register of Pre-trial Investigations. The investigator who will conduct the PD is determined by the head of the investigative body and immediately notifies the prosecutor of the grounds for initiating the investigation.

If your neighbors have contacted the police orally, the investigator or prosecutor must submit their statement on the protocol, which is signed by the applicant. In this case, the latter must be under the signature to warn about criminal liability for the notorious false report - this is provided for in paragraph 1.3 of the Regulations. However, there is one interesting nuance: "except for cases of receiving a statement, message by mail or other means of communication." A statement or message about UP is considered as filed from the moment of warning the person about criminal liability. Again, "except for cases when such a warning cannot be made for objective reasons: receipt of a statement, message by mail, other means of communication, unconsciousness of the applicant, business trip, etc." Since the list of such circumstances is not exhaustive, it is obvious that the possibilities for writing unfounded denunciations are wide open.

It should be noted that the refusal to provide information to the Unified Register of Pre-trial Investigations may be appealed by the applicant and other participants in the process in accordance with Article 303 of the Criminal Procedure Code, but the suspect cannot appeal information about himself in the register.

Assigning a number

The next step is to record the information. Registration of the UP is phone number list carried out on behalf of the head of the prosecutor's office or the body by entering into the register the information specified in Part 5 of Article 214 of the Criminal Procedure Code of Ukraine, namely: Date of receipt of the application/message under the UP or identification from another source of circumstances that may indicate the UE Commission; Name of the victim or applicant; Brief summary of the circumstances; Preliminary legal qualification of the criminal offence indicating the article (part of the article) of the Criminal Code; Name and position of the person who submitted the information to the register, as well as the investigator, prosecutor who made the information and/or initiated the pre-trial investigation, etc.

Once the information is entered and verified by the head of the prosecutor's office or PD, the Registration Date is automatically registered and a number is assigned to the criminal case. The fact of entering this information is reflected in the register, and they are available for viewing by the prosecutor at the appropriate level. Detailed information on the number of criminal proceedings is stored at all stages of the investigation. In the event that there is already a criminal proceeding on a similar application, a message about the UE, the investigator attaches the materials to the previously recorded products without their subsequent accounting in the reporting.

It is noteworthy that, in accordance with paragraph 2.16 of the Regulation, when drawing up the Unified Register of Pre-trial Investigations of the UE section, the date, time, address, place, method, instrument and other features of the Commission, the amount of damage, the name of the individual or data on the journalist who are the victims, and also, importantly, data on the persons who committed the criminal offense.