Why, violating the law for the sake of official well -being, the investigator does not risk anything

On the table Minister of the Interior

Sometimes between the quality of the law and the quality of law enforcement practice lies a whole abyss. The law may be wonderful, but you will face it in practice ... As they say, "the king complains, may the psar do not complain"

Sometimes between the quality of the law and the quality of law enforcement practice lies a whole abyss. The law can be wonderful, but you will face it in practice ... As they say, "the king complains, may the psar do not complain."

In the criminal and criminal procedure codes, democratic, positive principles and norms are enshrined to pass out legitimate and reasonable sentences, both accusatory and acquittal. Yes, only with the latter, as it turns out, is more complicated.

Let's see the statistics of the Judicial Department at the Supreme Court of the Russian Federation. At first glance, the numbers look rather blessed.

So, for example, in 2012, the courts examined about 942 thousand cases, more than 764 thousand people were convicted, of which about 518 thousand people were convicted in a special manner, when the accused in the calculation of mitigation of punishment pleads guilty and where the justification is, in principle, it is impossible. About 250 thousand people were convicted in the general manner. The cases on rehabilitating grounds against more than 20 thousand people are justified or terminated, that is, about 8% of the number of persons convicted in the general manner, or 2.6% of all convicts.

It would seem that the courts are quite objective, when thousands of acquittals are carried out and tens of thousands stop cases on rehabilitating grounds.

But if you analyze the statistics data over the past four years on specific criminal trains, it turns out that most (from 70 to 80% of the total) of justifying sentences and terminated on rehabilitating grounds for the cases occurred in private charges (causing easy harm to health, beatings, slander and insult).

In cases received by law enforcement agencies according to the results of the investigation, the share of justifying sentences was negligible and amounted to no more than 0.2% of the total number of convictions. If you are distinguished from the total number of cases of the cases considered by the courts, then the situation is somewhat better (about 1% of the number of convicts on crimes in the field of economic activity - Articles 169-199.2 of the Criminal Code of the Russian Federation), but also disappointing.

The reason, which makes the investigation by hook or by crook strive to condemn the citizens who have fallen into their orbit in the fact that the termination of the case on rehabilitating grounds at the stage of inquiry or investigation, the justification of the accused or the termination of the case by the court is considered by the police as a vice in the activities of subordinates.

In 2011, the Minister of Internal Affairs R. Nurgaliev signed order No. 735, who approved the criteria for assessing the territorial bodies of the Ministry of Internal Affairs. Posterly characterizes the activities of the police growth in the number of identified and disclosed crimes. But an increase in the number of justified, as well as persons whose criminal cases were terminated by the court for the lack of an event or corpus delicti, as well as in connection with non -involvement, is considered as a negative factor.

It is clear what the leadership of the Ministry of Internal Affairs achieved: there should be no unreasonable initiation of criminal cases, the content of people in custody, if there are no significant reasons. But in practice, this means that it is worth only the investigating authorities to make a decision on initiating a criminal case, not to mention the acquisition of the status of a suspect or accused in the framework of this case, as an uncompromising interest in these bodies arises in the court in the case of a conviction.

During the investigation of the criminal case, evidence can be submitted and received, both confirming guilt and justifying the accused. If the matter does not have a judicial perspective, investigators must stop it without fear of adverse career, disciplinary, material and other consequences.

Without changing departmental approaches to evaluating the work of interrogators and investigators, the indictment will be stored, no matter what adjustments to criminal and criminal procedure legislation are made: career advancement depends on the authorities. Accordingly, it is necessary to seek changes in the criteria for evaluating the work of investigators and interrogators. The new head of the Ministry of Internal Affairs of the Russian Federation could do this.

Another reason contributing to the work of investigators for indicators is that the mechanisms of personal liability of law enforcement officers provided for by law for illegal and unreasonable initiation of criminal cases practically do not work. The Criminal Code of the Russian Federation establishes liability for bringing a deliberately innocent to criminal liability, for illegal detention, detention, coercion to the testimony (Articles 299, 301, 302). However, in these articles in 2009, only 2 cases were initiated, in 2010-3, and in 2011-only 1.

It turns out that, working for indicators and violating the law for the sake of official well -being, the investigator does not risk almost anything.

It turns out that both factors on which the ratio of accusatory and acquittals depends are not in the field of legislative initiatives, but in the field of departmental decisions.

Only political will needs to change the situation. The laws are all right.

Outside the scope of this article, two law enforcement problems remained: why the prosecutor’s office, which in the courts of the functions of maintaining state prosecution, support the charge with obviously absent event or corpus delicti; What are the motives of the courts passing the convictions when understanding the possibility and the need to make acquittals. But these are two other independent stories. The problem should be started from the lowest, basic law enforcement level.