Complaint to the judge's investigator: when to apply?
Criminal proceedings are considered almost a complex process, which involves many employees of law enforcement agencies, pre-trial investigation agencies, judicial authorities and other experts and specialists.
The criminal process can be divided into two stages: pre-trial and judicial. As part of the pre-trial investigation, it is possible to appeal against the decision of the actions or inaction of the investigator or prosecutor in the order of filing a complaint with the investigator of the judge.
In particular, there is a certain procedure for filing and considering complaints to the investigating judge. We also offer you to use the complaint template to the investigating judge, which was prepared by our highly qualified specialists.
If it is necessary to draw up an individual complaint to the judge's investigator, we recommend using the Consultant legal services service to order a turnkey document.
The subject of the complaint to the investigating judge: basic information
During the pre-trial investigation, it is possible to complain to the investigator of the judge about the decisions, actions or inaction of the investigator or the prosecutor, including on the following issues:
The inaction of the prosecutor or investigator, which consists in the failure to enter information regarding a criminal offense into the ERDR within the 24-hour period established by law after receiving an application or notification of this;
Inaction of the investigator or prosecutor, due to the non-return of the temporarily seized property in accordance with the requirements of Article 169 of the Code of Criminal Procedure;
Inaction of the prosecutor or investigator due to their failure to perform any procedural actions that they are required to perform within the period specified by law;
The decision of the investigator or prosecutor to stop the pre-trial investigation;
The decision of the investigator or prosecutor to close criminal proceedings;
The decision of the investigator or prosecutor to refuse recognition as a victim;
Decisions, actions or inaction of the investigator or prosecutor when applying security measures;
The decision of the investigator or prosecutor to refuse to satisfy the petition for conducting investigative (search) actions, covert investigative (detective) actions;
The decision of the investigator or prosecutor to change the procedure for the investigation and extend it in accordance with the rules of proceedings for the application of coercive medical measures.
Such a list of issues raised is due to the powers of the investigating judge in the criminal process. After all, most of its functions consist precisely in monitoring the conduct of criminal proceedings.
Our experts recommend that you first get advice on pre-trial investigation in criminal proceedings and, if possible, order the writing of the necessary complaint.
We draw up a complaint to the investigator of the judge: recommendations of our specialists
The complaint must be made in writing, indicating the article of the Code of Criminal Procedure under which the complaint is filed.
The main details of the document:
Body its address, the official to whom the complaint is filed;
Name of the complainant, his address of residence and registration, contact phone number and email address;
In the title of the complaint, indicate what is being filed in accordance with Art. 303 of the Code of Criminal Procedure, indicating the specific issue raised (about the decision, action or inaction of the prosecutor or investigator);
Describe events within the framework of the issue being raised. Describe a specific decision, action or inaction of a prosecutor or investigator who violates the norms of criminal proceedings;
Indicate the evidence base, including documents that the complainant may have;
The content of the request is what you ask the investigating judge to do: eliminate shortcomings, cancel the decision, make separate decisions, etc.;
List of applications required for this complaint;
Our experts recommend that you additionally make sure that your complaint has been registered. The law allocates 72 hours for consideration by the investigator to the judge.
If it is necessary to analyze a complaint to an investigator judge or develop an individual document, we suggest using our legal services "Consultant". Our specialists will be able to best assist in the preparation of the document, and if necessary, create a completely new one in accordance with your situation.
Complaint template to the investigator of the judge in the criminal process
The best lawyers in the field of criminal procedure are already ready to provide appropriate advice! We offer high quality services with comfortable service.
It has become much easier to purchase a sample complaint to the investigator judge! You can upload a document in a few simple steps:
Download the mobile application "Consultant";
After a short registration, you can find the required document in the "Documents" section;
By clicking the "Buy Template" button, you will immediately receive a link to download the document.
