The success of the preliminary investigation in criminal cases, the disclosure of crime, punishment of the accused in appropriate way, so that solution of problems of the criminal code depends on interlinked productive work of investigators, qualifiers and prosecutors.
Topic is important because the fact of the accused avoiding the investigation and judgment prevents to keep criminal case in accordance with the established procedure, to determine objective truth, that's why process of restoration after the suspension of a case may take a long time. For this reason, they can remain suspended, thus disturbing the legal rights and interests of the injured party who are unprotected. However, this does not mean that the authorities will suspend a criminal case and will do nothing. They have active influence with the accused who evade investigation.
When an accused evades the investigation and trial, and when the place of residence of the accused is unknown investigator’s work is divided into two parts: the case prior to the suspension and after the suspension. It is governed by 265, 266 articles of CPC of RK. Prior to suspending the investigation, the investigator must perform all actions that are required when there is no accused, he shall take all measures to locate and determine the offender for the crime.
If we pay attention to the performance of suspended criminal proceedings in the Republic, there were 580 criminal cases suspended in 2007, 634 in 2008, 567 in 2009, 538 in 2010, 584 in 2011. Suspension of a case because of the concealment of the accused from the investigation and trial, and because of the uncertainty of his place of residence takes to 1.5-2% of the total number of criminal cases suspended per year. Putting of an accused on the wanted list is governed by Article 267 of CPC. Putting of an accused on the wanted list or order given to employees are executed by separate ordinance.
Thus, when an accused is put on the wanted list, the code for the criminal case considers two types of remedial procedures for obtaining legal relationship between the investigators and the investigating authorities:
- an investigator may reflect the task of searching the defendant in the decision to suspend the investigation;
- ә) an inspector may issue task for investigating authorities to find an accused in a separate decision.
Investigating authorities who received this decision should take measures to find the defendant within five days. Setting of deadlines for search of a defendant is of utmost importance. The less time has passed after an accused has disappeared, the greater the opportunity or the greater the chance is to find him.
According to Part 2 of Article 267 of CPC of RoK a defendant can be put on the wanted list during the preliminary investigation, and at the same time with the suspension of the investigation. This means that the investigating bodies may be given with the task of searching an accused at any time of the investigation. The right to set time for search rests with the investigator.
In many cases, there are reasons to search for an accused before the suspension of criminal proceedings. In this case the investigator produces a separate decision for search of the accused and transmits it to investigating bodies.
If the question about putting the accused on the wanted list is to be decided together with the suspension of the preliminary investigation, investigator can transmit search operations to inquiry bodies and indicate this fact in the decision.
Making decision about transmitting search operation to inquiry bodies is a part of the procedure of case suspension. There is no specific time for making decision about transmitting search operation. This regulation is valid for all periods of the search, it means that decision is valid until the location of the the accused is established or suspended case is terminated. In legal literature, the concept of search services means special measures aimed at finding the accused, stolen items, as well as measures aimed at banning weapons or transport that were the subject of the crime [ 28, 342 443].
According to subparagraph 2 of paragraph 1 of Article 50 of CPC of RoK activities of the investigator and the inquiry bodies after the suspension of the criminal case include search for a person who has been approved as a defendant in the decision.
If location of the accused is unknown or the investigator himself according to paragraph 1 of article 267 of Code of Civil Procedure of Kazakhstan shall have the right to give order for search to inquiry bodies. Every one of them within its power must take measures to determine the location of the accused. This reference is stated in the decision for investigation suspension or adopted in a separate resolution. Training manual for criminal cases gives the following list of search activities, "an inquiry into regional, district, city or national penitentiary institutions, because the defendant may serve time for other crimes there, to submit an advertisement at the place of residence or place of employment of the accused, to use materials obtained during the investigation of the criminal case, arrest mails sent by the accused and his family members and others "[39, 223]. [ 39, 223].
This means that the measures aimed at the determination of the accused location are a part of said action. This conclusion was confirmed by analyzing clerical laws.
At the same time, while conducting a search there is a need to examine witnesses, to arrest and sent mail to other investigations. Among the measures taken by the investigator in order to find the defendant, task entrusted to the investigators take a special place. Investigating bodies fail to implement measures aimed at the determination of the accused location: to begin prospecting, announce local, national, if necessary even international searches, etc.
Local and national searches are the two stages of the same process. Local searches is a beginning, and the Republican search is continuation of this work. Steps to be taken are determined by investigating bodies, determined actions are given in the departmental instructions.
Local search fugitives yield positive results. If you are slow, the search drawn out, that allos the accused to escape or evade the investigation and trial, thus not be held responsible for a long time.
When searching for the accused investigator must initiate the search activities. Lack of this suggests that the specified job does not run. Searching activities must be carried out according to a plan. It is necessary to consider related issues advanced by the version, you need to accurately identify measures for the task [4, 42].
The investigator decides on time, cost and resources. Therefore, the selection of relevant search operations is an important part of the process which depends on the specific situation. To achieve the specific results you need to determine the time and the means for implementation of search activities.
In drawing up the plan for search and other activities it is necessary to pay attention to the assistance of other agencies, because search operations carried out by different bodies which are separated from each other, at different distances from the territory of the search can bring better results. Therefore, the plan should indicate exactly the recipients assignments are directed to, as well as the exact timing of the job.
Assumptions such as the possible location of the accused, the direction of his motion; hiding places are very important in planning of the investigation.
Search for the accused requires investigators and officers investigating to be creative, flexible, and efficiently use resource and forces that are in the empowerment of said services.
To summarize, law enforcement needs to be sorted, it is necessary to pay attention to skills development. Because the issue of personnel is one of the important factors affecting the process of criminal investigation.
- Criminal code of RK.
- Criminalistics, M., "Legal Literature", 1966.
- Soviet criminal trial. And the prosecution and preliminary investigation. Ed. prof. S.V. Borodin and prof. I.D. Perlof M., ed. VSH MOOP USSR,
- Repkin L.M. The suspension of the preliminary investigation: a training manual. Volgograd: HES USSR Ministry of Internal Affairs, 1981. 200.