How and where to write a complaint against an investigator

Reasons

Among the reasons that encourage citizens to file complaints against representatives of internal affairs bodies and federal security services are the following:

refusal to consider the appeal and initiate a criminal case;
ignoring by an official the obvious fact of the illegality of the act committed;
unwillingness to bring the criminal to justice and to be guided by the current legislation of the country;
violation of the procedural procedure for considering the application (for example, if the investigator did not accept the complaint and did not begin to find out the circumstances of the crime without a good reason);
lack of timely response from superiors to improve the service situation in a government agency;
termination of criminal proceedings without compelling reasons;
humiliation and insult of the victim;
neglect of the rules for conducting investigative activities;
advertising secret information;
failure to comply with the rules for arresting suspects and accused;
incorrect interpretation of events and facts;
deliberately delaying the investigation;
subjective interest in what is happening (hostility towards the applicant, the investigator’s biased attitude towards the case, etc.).

If at least one of these provisions occurs, the victim has the right to file a claim.

Complaint about investigator's red tape

What is the red tape in a criminal case? The fact is that the investigator investigates a criminal case for a very long time, which as a result leads to the expiration of the statute of limitations, to a violation of the right to trial within a reasonable time and other violations.

Red tape, in the absence of objective grounds for a long-term investigation of a case, can be expressed in the fact that the investigation is not actually being conducted on the case, the materials are simply lying there, or one investigative action is carried out per month, and when the deadlines begin to expire, the investigator turns to the head about extending the deadlines for the preliminary investigation. investigations.

A complaint about the investigator’s red tape can only be filed when the person has documentary evidence that the investigation is not being carried out or is being carried out very slowly. For documentary evidence, you can request in writing information about the progress of the investigation of a criminal case, ask for information about the consideration of submitted applications and petitions, and write appeals to the head of the investigative agency.

DON'T FORGET : all applications, requests to any body or organization must be submitted with a mark on your copy.

If, at the request of the investigator, a preventive measure in the form of detention is chosen for the accused, and the investigator repeatedly applies to the court with a petition to extend the period of detention, then the corresponding petition indicates the grounds for such an extension, for example, the need to conduct an examination, interrogate witnesses, etc. d.

Quite often, requests to extend the period of detention over and over again contain the same information regarding what other investigative actions need to be carried out by the investigator in a criminal case. For example, during the first extension of the period of detention, the investigator indicated that it was necessary to question witnesses, and in a subsequent request for extension he again indicated that it was necessary to question witnesses.

In this case, it is necessary to clarify as much as possible all the circumstances relating to the investigation of the criminal case, and already taking into account the known information, it is possible to draw a conclusion about the presence or absence of red tape in the case.

ATTENTION: watch a video about defending the rights of the accused by a lawyer and subscribe to our YouTube channel, you will have access to free legal assistance from a lawyer through comments on the video.

Who can complain

Any person involved in a criminal investigation on the part of the prosecution may demand justice:

Accused, suspects, defendants and defenders.
Prosecutors, victims, plaintiffs or their official representatives.
Employees of the court, the Investigative Committee (IC), and the prosecutor's office.
Guardians or legal representatives of minor children participating in the case.
Translators and experts.
Witnesses and witnesses.

Important! If the investigator distinguished himself not by inaction, but by committing an obvious illegal act, the injured citizen will be asked to draw up not a complaint, but an application to initiate an inspection and trial.

A person who is not a participant in the criminal process cannot file a claim against the investigator, because he has no legal basis for this. You can appeal the actions of an incompetent employee only in 3 places: the Investigative Committee (IC), the prosecutor's office and the court.

Branches of the Investigative Committee

A free-format written application, which is submitted to the secretary either in person or sent by mail, must indicate:

Full name of the recipient or name of the authority;
Full name and contact information of the applicant;
description of the situation, supported by details about the action or inaction of the interrogator;
date and signature;
optionally – originals or copies of materials confirming the veracity of the information presented.

A letter submitted in person will necessarily be assigned a special registration number, so there should be 2 copies of the paper: one will be sent to the management of the Investigative Committee, and the other, supplemented by the date of receipt and the journal entry number, will remain with the victim. If the only possible option is forwarding, then the status of the valuable message must be communicated to the document in the mail. The addressee is also obliged to clarify that he wishes to receive notification of its delivery.

Legal advice! His legal representative can take the papers to the government agency instead of the victim, but only if the action is supported by a notarized power of attorney.

You can get acquainted with the names, postal addresses and telephone numbers of branches in a few simple steps:

Go to the official website of the RF IC via the link https://sledcom.ru/.
Find at the top of the page a small copy of the map of Russia in white, on which “Regions” is written, and click on this button.
In the window that appears, change the “Map” mode to the “List” mode.
Select the federal district and below - the subject.
Scroll the newly loaded page to the very bottom.
Find on the left the section “About the Investigation Department” and one of its subheadings – “Investigation Departments”.
Click and get all the necessary information.

Art. 124 of the Code of Criminal Procedure of Russia establishes that the investigator is obliged to consider the appeal within 3 days from the moment of its receipt. Only in rare cases that require a more thorough analysis, this period can be extended up to 10 days. The applicant is notified of the delay, and in the meantime additional materials are being collected in the case.

After the decision is made, the citizen who applied will immediately receive notification of the final result. The complaint may be rejected, partially or fully satisfied. If desired, the decision can be appealed, but only to a higher branch of the Investigative Committee. The structure of the organization is presented on the page https://sledcom.ru/sk_russia/structure.

Central office of the Investigative Committee

Personal reception of citizens and receipt of valuable letters is also carried out by the Investigative Committee using the following communication channels.

Main reception

Located at Moscow, st. 1st Frunzenskaya, 3a. Working hours: Monday-Thursday - from 09:00 to 20:00, Friday and holidays - from 09:00 to 19:00, Saturday - from 10:00 to 14:00, Sunday - closed. Lunch break – from 13:00 to 14:00.

Office of the Chairman of the RF IC

Alexander Ivanovich Bastrykin holds meetings with the population every 2nd Wednesday of the month from 11 a.m. by appointment. Registration is carried out: from Monday to Thursday from 09:00 to 18:00 and on Friday from 09:00 to 16:45 by phone numbers 8,, 8 (495) 986-98-84. On the page https://sledcom.ru/references/Grafik_priema_grazhdan_rukovoditeljami_S you can also find information about the work schedules of the Deputy Chairmen who consider citizens’ complaints locally.

Mail

It is necessary to specify on the envelope that the claim is sent to the address for written appeals: 105005, Moscow, Tekhnichesky Lane, 2.

Internet reception

Operates on the basis of the official website of the Insurance Company. Located at https://sledcom.ru/#reception. Agreeing with all the information provided will provide access to a special form that requires you to indicate:

FULL NAME;
type of employment;
index;
postal address;
e-mail;
text of the appeal;
method of receiving a response (in writing or by email).

Important! According to the Order of the Investigative Committee at the Prosecutor's Office of the Russian Federation dated September 19, 2007 No. 17, complaints that are subject to resolution by other authorities are forwarded to them within a maximum of 7 days from the date of initial registration. The applicant must receive appropriate notification of this.

In addition to the above options, there are communication channels that allow you to clarify existing issues. This:

Hotline telephone numbers are 8-800-100-12-60, 8-800-100-12-70. The Chairman of the Investigative Committee is personally responsible for the latter. You can call here and tell about the actions of an unprofessional investigator every 1st and 3rd Wednesday of the month from 14:00 to 19:00.
Official SK groups on Vkontakte and Facebook – https://vk.com/sledcomru and https://www.facebook.com/sledcomru.

Control over the activities of the investigative body is within the competence of the prosecutor (Federal Law “On the Prosecutor’s Office of the Russian Federation”), therefore, in the absence of a proper response from the authorities of the investigative department at the place of residence, a citizen has every right to file a complaint with a higher organization. However, this provision does not at all exclude the possibility of simultaneously submitting an appeal to the management of both one and the other federal service.

How to write a complaint to the leadership of the Investigative Committee

The following methods of contact are provided:

Personal visit to the head of the body where the pre-trial investigation is being conducted.
Visit to the reception office of the Chairman of the Central Office of the Investigative Committee at the address: Moscow, st. 1st Frunzenskaya, 3-a. Schedule: 2nd and 4th Wednesday of the month. Reception days for deputies are posted on the official website of the department.
Through the online reception on the website: moscow.sledcom.ru - the user must fill out an electronic form indicating personal and contact information, as well as describe in detail the circumstances of the offense. The total text volume should not exceed 5000 characters; The size of attached files is no more than 5 MB.
Through the chairman's direct line: 8-800-100-12-70 - open every 1st and 3rd Wednesday from 14:00 to 19:00 or by calling the SK hotline: 8-800-100-12-60 (works around the clock).
Written appeal to the address: 105005, Moscow, lane. Technical, no. 2.

There is no universal template, but the document is written in a business style, and its content should be informative.

Standard structure:

Header – filled in the upper right corner. It contains the name of the authority, personal and contact information of the applicant.
Document's name.
Contents – the reason for the appeal is indicated, and the circumstances of the violation of the law or the rights of the victim are described. It is advisable to provide links to articles of the Code of Criminal Procedure, the Criminal Code and other laws whose norms were violated.
Petition – a request to consider the application and take appropriate action.
List of attached documents - all facts reflected in the application must be supported by documents.
Date and signature.

Departmental Order No. 17 establishes a single deadline for reviewing claims - 30 days. The response is provided in writing or electronically. According to Article 124 of the Code of Criminal Procedure of the Russian Federation, the head of the investigative body considers the appeal within 3 days, with the possibility of extension up to 10 days. Based on the results of the inspection, a decision is prepared to fully or partially satisfy the complaint or to refuse to consider it.

Prosecutor's office

Here, an application is accepted only if it contains the following comprehensive information:

name of the structural department of the prosecutor's office;
Full name and contact details of the applicant;
description of the essence of the situation being appealed;
a request to recognize the actions of the investigator as unlawful and illegal;
date and signature.

A blank document form can be downloaded from the link: Sample complaint against an investigator

The completed application is sent to the district, city or subject division of the prosecutor's office at the place where the preliminary investigation is being conducted. For communication, you can use both regular and email. You can get contact information about departments on the page https://genproc.gov.ru/contacts/map/?DISTR=&SUBJ (for departments by subject).

Employees of this government agency will have to consider the appeal and make a decision on it within up to 3 (sometimes up to 10) days. Prosecutors do not re-examine claims, so the only way to appeal their decisions is to go to court.

How to write a complaint to the prosecutor's office

The prosecutor's office is the body that oversees the activities of other law enforcement agencies, including the investigative committee. The right to contact the department is reflected in Art. 10 FZ-2202-1.

You can contact us in several ways:

Personal visit to the department at the place of pre-trial investigation.
Sending a complaint by registered mail. Address for Moscow residents: 109992, pl. Peasant Zastava, building 1. Tel.: +7 (495) 683-68-74.
Through the online reception on the website: mosproc.ru.

We recommend reading: How to correctly write a complaint to the Prosecutor's Office

The complaint is written in two copies. The rules for drawing up the document are identical to the appeal to the management of the insurance company. Particular attention should be paid to the evidence base. If the facts stated in the letter are not supported by documents, then the victim has little chance of protecting his rights. We are talking about copies of papers, checks and receipts, testimony of other participants in the process, etc.

The initial consideration of the application is carried out within three days. If necessary, the period is extended to 10 days. The response is provided in writing or electronically, depending on the method of contact.

Lawsuit

The trial regarding the illegality of the investigator’s actions is held in an open format. The plaintiff (or his legal representative) and the accused employee must be present in the courtroom.

A citizen must submit an application to the district court, the location of which coincides with the area where the preliminary investigation is being conducted. If there are several courts in the area at once, the claim is sent to where the investigative body is located.

A properly executed document should include:

name of the court receiving the complaint;
Full name and complete contact information of the plaintiff;
Full name of the official representative if he represents the interests of the victim;
presentation of the essence of the case and support of what is written with factual evidence;
description of requirements;
date and signature.

The claim may be:

filed personally with the court clerk;
sent by a valuable letter with acknowledgment of delivery;
submitted through a legal representative.

At the end of the trial, the citizen’s claim may be partially or fully satisfied, or rejected with an explanation of the reasons.

How to write a complaint to court

The court has the right to consider citizens' complaints in the form of statements of claim. The document must be sent to the district court in whose territory the pre-trial investigation is being conducted. Claims are filed through the office, by registered mail or transmitted with the help of a legal representative.

A properly completed claim must contain the following information:

Name of the court.
Profile and contact details of the plaintiff.
A detailed statement of the circumstances of the case.
List of requirements.
Date and signature.

If the claim is filed incorrectly, it will be rejected. If you do not have sufficient skills in drafting a document, it is advisable to seek help from a lawyer.

The court's decision may fully or partially satisfy the claims set forth in the claim. The actions of an official are recognized as unlawful if there are sufficient grounds for this. You can appeal the district court's verdict through the appellate procedure.

The legislative framework

The complaint procedure is regulated by the following legal acts:

Order of the Investigative Committee at the Prosecutor's Office of the Russian Federation dated September 19, 2007 N 17 (as amended on 04/08/2008) “On the implementation of the Instructions on the procedure for considering applications and receiving citizens in the system of the Investigative Committee at the Prosecutor's Office of the Russian Federation.”
“Criminal Procedure Code of the Russian Federation” dated December 18, 2001 N 174-FZ (as amended on July 1, 2017).
Federal Law “On the Prosecutor's Office of the Russian Federation” of January 17, 1992 N 2202-1.
Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 N 59.