Under the new rules in calculating whether the period of criminal proceedings is reasonable or no, we need to consider the time from the date of filing of application about a crime until the criminal case. In other words, the timer starts from the moment the victim came to the police. Law enforcement officers took the time to think whether they should connect to? It will be a tape with all the financial consequences.
“let me Remind you, the law allowing citizens to claim compensation for delays in court proceedings and non-execution of judicial decisions was adopted in 2010 and has become a landmark event. This Institute serves as a manifestation of social responsibility of the state in the face of the judiciary and law enforcement bodies”, – said the Chairman of the Association of lawyers of Russia Vladimir Gruzdev. In practice, however, was discovered a legal loophole. Sometimes law enforcement officers can refuse to initiate the criminal case, so as not to spoil the statistics.
“If the investigators do not see prospects to solve a crime, they quite often find an excuse not to make the case. In such cases, victims have to bypass a few instances, seeking the initiation of criminal proceedings and started investigation. The time elapsed from the moment of application to criminal proceedings, had not previously been included in the period for which may be awarded compensation. Because technically there was no affair. Now, even dosledstvennaja check or inaction of law-enforcement will be an occasion to raise the issue of red tape,” – said Vladimir Gruzdev.
After receipt of the application about the crime, the investigator must make a decision no later than three days. In some cases, the period of the preliminary investigation may be extended to 10 or up to 30 days, but it is necessary to obtain the approval of the relevant authority. It is important to stress that the tape will only be deemed unreasonable refusal in excitation of criminal case. That is, the refusal must be reversed.
