Initiating a criminal case

A crime report must be registered immediately, and the check is normally completed within 10 days (Article 329 of the Criminal Procedure Code). A criminal case comes into existence when an initiation order is issued. Detention may occur earlier, but without a court extension it cannot exceed 48 hours (Article 27 of the Constitution).

In brief:

• A person or an organisation may report a crime; a media report, direct discovery of crime indicators and a voluntary confession may also trigger proceedings.
• A pre-investigation check lasts up to 10 days (Article 329 of the CPC); exceptionally, a prosecutor may extend it to one month.
• The outcome is initiation, refusal to initiate, or transfer of the report to the competent investigative authority.
• Detention runs from the actual restriction of liberty, not the record or arrival at the station; a court may add another 48 hours.
• If a person has actually been detained or is about to be questioned about facts pointing to them, the priority is to establish their status, use the right to silence and instruct an advocate.

Updated: 05 September 2026

When does a criminal case formally begin

Receipt of a crime report begins pre-trial proceedings but does not yet create a criminal case. This stage includes the pre-investigation check (Article 320-1 of the CPC). When a lawful trigger and sufficient grounds exist, the competent official is required to initiate the case (Article 321 of the CPC).

The legal dividing line is the order initiating the criminal case. It must state the trigger and grounds, the relevant Criminal Code provision, and the official taking the case forward. A copy of the order (Article 331 of the CPC) goes to the supervising prosecutor. Measures must then be taken immediately to stop an ongoing offence, prevent repetition and secure traces, objects, documents and electronic data.

A check may begin without an identified suspect, and a case may be initiated in relation to the event rather than a named individual. Conversely, a person may lawfully be detained before the case is initiated. The reporting date, the moment suspect rights arise and the date of the initiation order are therefore distinct legal moments.

How to report a crime

An individual may report a crime in writing or orally. A written report must be signed. An official records an oral report in a formal record containing the person's identity, residence and workplace; the circumstances are written in the first person and, where possible, verbatim. The reporting person and the official sign the record. These recording requirements (Article 324 of the CPC) help establish exactly what was reported.

The reporting person is warned about criminal liability for a knowingly false report and signs the record to acknowledge the warning. The same formalities apply to a voluntary confession, except for that warning. An unsigned report, a false signature or a fictitious name means that the anonymous report itself cannot be a trigger (Article 323 of the CPC). If the authority independently discovers information or traces of a crime, that discovery is a separate statutory trigger.

The Criminal Procedure Code identifies five types of trigger (Article 322 of the CPC). The substantive ground is information indicating the elements of a crime.

For specified offences listed in the Code, a case is initiated only on a complaint (Article 325 of the CPC) from the victim asking for the offender to be prosecuted. If helplessness, dependence on the accused or another reason prevents the victim from protecting their interests, the prosecutor must initiate the case without the complaint. A separate rule covers specified property offences by an employee against a legal entity with no state participation: a report from its director, owner or authorised governing body is required.

As a practical matter, state the date, place, sequence of events, known participants and witnesses, harm and contact details, and list all attachments. The internal affairs bodies must receive and register information, including electronically, take timely measures and notify the reporting person (Article 16 of the Internal Affairs Bodies Act).

Documents, objects, electronic data, photographs, audio and video may be attached immediately. They do not automatically acquire evidential status: once the case is initiated, their origin must be established, they must be examined and a procedural decision must admit them. The Supreme Court Plenum explained these admissibility conditions.

What happens during the pre-investigation check

The pre-investigation check verifies the report, produces a procedural decision and preserves material that may matter to the case. It covers securing traces (Article 320-2 of the CPC), objects, documents and electronic data. The bodies specified in the Code may conduct it, as may an inquiry officer, investigator or prosecutor.

The report must be registered and resolved immediately. If the legality of the trigger and sufficiency of the grounds require checking, the general limit is 10 days from receipt until the final decision or the statutory referral of the material to a prosecutor.

Within that period the authority may:

• require additional documents and explanations;
• detain a person;
• conduct a personal search and seizure under the special CPC rule;
• inspect the scene;
• conduct an expert examination;
• order an audit;
• direct that operational-search measures be carried out.

The list and the prohibition on other investigative actions (Article 329 of the CPC) constrain the checking authority. It cannot use the entire set of preliminary-investigation powers before a case has been initiated.

A prosecutor may extend the check to one month by a reasoned order only when an expert examination, internal inquiry, audit or other check needs substantial time; explanations are required from remote persons or those evading attendance; new circumstances require further checking; or a Criminal Code period for voluntary compensation or remedying the consequences has not expired.

Defence rights cannot be bypassed before initiation merely by calling a procedure an “explanation” or treating the person as a “witness”. Where there are grounds to treat the person as a suspect or accused, questioning them as a witness is prohibited; no written or oral statement may be obtained before procedural rights are explained. These procedural prohibitions (Article 88 of the CPC) also apply while the initial material is being collected.

What decisions can follow the check

The outcome cannot remain open-ended: one of three procedural decisions must be made.

These are the three permitted decisions (Article 330 of the CPC). Transfer is not a device for avoiding a report. It is allowed only when the alleged crime occurred outside the district or city and the necessary checking actions must be carried out there. This narrow condition appears in Article 335 of the CPC.

The prosecutor supervises legality. The prosecutor may cancel an initiation and refuse the case, or cancel a refusal and initiate the case at the same time (Article 337 of the CPC).

What is the reporting person's status

Making the report does not itself confer victim status. There must be evidence indicating possible moral, physical or property harm and a separate victim-recognition order (Article 54 of the CPC), or a court ruling at trial.

Once recognised, the victim may testify, present evidence, make applications and objections, use an interpreter and representative, participate in investigative actions with permission and challenge decisions. At the end of the inquiry or preliminary investigation, the victim may inspect all case material, make extracts and copy it at their own expense. The full list of rights is in Article 55 of the CPC.

If reporting the crime creates a real threat to the reporting person, an eyewitness or another person assisting prevention or detection, protection may apply before case initiation (Article 4 of the Participant Protection Act). Measures include confidentiality, personal and property protection, protective equipment, temporary placement in safety, relocation or a change of work or study, replacement documents, restricted access to information, and additional measures in custody. The complete list of measures appears in Article 6 of the Act.

A report of a real threat must be checked and decided within three days (Article 18 of the Act), or immediately in an urgent case. A refusal or the measure selected may be challenged; that complaint must be decided within 24 hours.

When can initiation be refused

Refusal is permitted only on the grounds incorporated by Article 333 of the CPC. The rehabilitating grounds are absence of the alleged criminal event and absence of an offence (Article 83 of the CPC). The facts may reveal a genuine dispute without amounting to a criminal offence.

The other relevant grounds in Article 84 of the CPC are:

• expiry of the limitation period for criminal liability;
• death of the person concerned;
• a final judgment on the same accusation;
• a final court ruling or order, or an uncancelled competent decision refusing initiation or terminating the case, on the same accusation;
• absence of a victim complaint where proceedings require one;
• the person being below the age of criminal responsibility when the act occurred;
• a Special Part provision of the Criminal Code releasing the person because of active repentance, compensation for material harm or remedying the consequences within the prescribed period.

This list of circumstances must be read together with Article 333. Amnesty is dealt with separately: refusal on that ground is for a court under the special procedure. Refusal for limitation, amnesty or death is unavailable if the affected person, or the close relatives of the deceased, object.

The refusal order must give reasons and the legal ground applied. The citizen, organisation, association or official who supplied the report is notified and must be told the right and procedure for appeal. A copy of the refusal (Article 333 of the CPC) is sent to the prosecutor.

How to appeal a refusal to initiate

The correct recipient depends on who issued the refusal. A refusal by a pre-investigation official, inquiry officer or investigator is challenged before the prosecutor; a prosecutor's refusal goes to a higher prosecutor; a court ruling goes to the higher court. This appeal structure is set out in Article 338 of the CPC.

The general rule allows participants and other interested persons to challenge procedural acts and decisions, and permits complaints at any stage. A court application and attachments may be filed electronically, although the court may require originals. The general appeal right is in Article 27 of the CPC.

For a focused complaint, state:

• the applicant and contact method;
• the authority, official, date and details of the refusal;
• the report and facts that were checked;
• the circumstances left unchecked or assessed incorrectly;
• why the cited refusal ground does not apply and what decision is requested;
• the list of attachments.

Attach the order or notification received and the material relied on. If the text of the order is unavailable, say so and ask the reviewing authority to obtain the check file. The complaint should address the reasons for refusal: bare disagreement without identifying missed facts, documents or an incorrect legal ground gives the reviewer little to examine.

When does a person become a suspect

Being named in a report, dispute or conversation with an officer is not the same as a formal accusation. The CPC defines a suspect as a person about whom there is information indicating an offence, but not yet enough to make them an accused; status is ordinarily recorded by a separate formal order (Article 47 of the CPC).

A person participates as a suspect when detained on the statutory grounds or when other information gives grounds for suspicion. This two-part basis is set out in Article 359 of the CPC.

On detention, rights arise before the paperwork. The Supreme Court Plenum explained that a person becomes a suspect when liberty is restricted, even though the detention record is prepared after arrival. From that moment the person cannot be questioned as a witness or subjected to actions without being told their status and rights.

If detention before initiation is confirmed as justified, the investigator may combine the decisions to detain, initiate the case and treat the person as a suspect in one order. It must identify the offence, the Criminal Code provision and the reasons and grounds for detention. The order is announced before questioning (Article 360 of the CPC), together with an explanation of the suspect's rights.

The suspect may know the suspicion; call or message an advocate or close relative about detention and location; have counsel; demand questioning within 24 hours; testify or refuse; use an interpreter; make applications and objections; present evidence and file complaints. These rights of a suspect (Article 48 of the CPC) operate from the procedural event, not from a later time chosen for paperwork.

Detention and the first 48 hours

Pre-initiation detention is not permitted on any unparticularised suspicion. One of four groups of grounds is required: the person is caught committing the crime or immediately afterwards; an eyewitness identifies the person directly; clear traces appear on the person, clothing, possessions or in the home; or other suspicious information exists together with attempted flight, no permanent residence or unestablished identity. These are the grounds for detention (Article 221 of the CPC).

The detaining officer must identify themselves, show identification on request, state that the person is detained and the suspected offence, explain the right to contact an advocate or close relative, to have counsel and to refuse to testify, and warn that statements may be used against the detainee. These actions and any personal search or seizure must be recorded on video (Article 224 of the CPC). There is an urgent-case exception, but the explanation of rights must be video-recorded after arrival.

The first internal deadlines and content of the record (Article 225 of the CPC) are separately prescribed. Before procedural actions involving the detainee, a confidential meeting with defence counsel must be provided. A family member—or, if none, another relative or close person—must be notified immediately of the detention and location (Article 217 of the CPC). The Ministry of Foreign Affairs must be notified for a foreign national.

The general limit is no more than 48 hours (Article 226 of the CPC) from the actual restriction of liberty. A court may add up to 48 hours. Before expiry, if grounds exist, the person must be made an accused, charged, questioned and have the preventive-measure issue decided. If suspicion is not confirmed, custody is unnecessary or refused by the court, or the time expires without a court decision, the detainee must be released (Article 234 of the CPC).

Example. A person is actually stopped and prevented from leaving at 18:30 on Friday, then arrives at the authority at 19:10. The first 48 hours end at 18:30 on Sunday, not 19:10. If a court adds the maximum 48 hours, the new limit is 18:30 on Tuesday. The 12-hour prosecutor notification and 24-hour check and questioning periods run separately from arrival: until 07:10 and 19:10 on Saturday respectively.

If an injury occurs in custody, the detainee or advocate may request a medical examination. It must be conducted without delay, recorded and communicated to the person; a refusal is appealable to the prosecutor (Article 27 of the Custody During Criminal Proceedings Act).

What rights apply during questioning

A suspect may remain silent and need not prove non-involvement. No one must testify against themselves or close relatives, and a confession cannot be the sole evidence. These constitutional protections (Article 28 of the Constitution) apply regardless of how an officer labels the conversation.

Before the first questioning, the authority must establish identity and language, explain rights, ensure defence counsel participates and state the suspected offence. Completion of these pre-questioning steps (Article 111 of the CPC) is recorded. A person who does not sufficiently know the language of proceedings may use an interpreter.

The Constitution guarantees a chosen advocate at any stage and, for a detainee, from actual restriction of liberty (Article 29 of the Constitution). A demand for an explanation before counsel is admitted does not displace this right. The CPC prohibits obtaining statements through violence, threats, infringement of rights or other unlawful means; an allegation of such methods must be investigated (Article 22 of the CPC).

A suspect must be questioned immediately or within 24 hours (Article 110 of the CPC) after detention, attendance on summons, remand or compulsory appearance. Total questioning in one day cannot exceed eight hours (Article 107 of the CPC), excluding a one-hour rest and meal break. Investigative actions generally take place between 06:00 and 22:00; the Plenum stated that a breach of time and procedure may amount to psychological pressure and leave the information without evidential force.

The record must reproduce the statement in the first person and, where possible, verbatim, with the sequence of questions and answers, rejected questions and refusals to answer. Afterwards the person reads the record or has it read out, may write the statement personally and make additions or changes. The person confirms accuracy by signing, including every page (Article 106 of the CPC).

A breach of the right to defence or interpretation, torture, falsification or collection by an unauthorised person may make evidence inadmissible. Even a formally recorded confession requires corroboration (Article 112 of the CPC) by the body of other evidence.

How to choose and instruct an advocate

A person may choose any advocate. A legal representative or another person may also instruct one at the suspect's request or with consent. Admission requires the advocate's certificate and a case-specific warrant (Article 49 of the CPC). On application, one close relative or legal representative may be admitted as defence counsel alongside the advocate, but cannot replace the advocate where professional defence is mandatory.

If the chosen advocate cannot join within 24 hours (Article 50 of the CPC), the authority proposes that another be invited; the first chosen advocate may join later. For state-funded assistance, the system selects an advocate automatically and, after confirmation, allows at least four hours to join. A state-funded advocate must not be imposed if privately chosen counsel has been invited or the person has stated an intention to invite one within the allowed period.

Defence counsel is mandatory in cases or procedures involving:

• minors;
• persons who are mute, deaf or blind, or whose physical disabilities or mental disorders impede their defence;
• persons who do not know the language of proceedings;
• persons facing possible life imprisonment;
• persons with conflicting interests where at least one has counsel;
• a state or public prosecutor;
• an advocate representing the victim;
• compulsory medical measures;
• a preliminary hearing;
• suspicion or accusation of an especially grave crime;
• consideration or extension of remand or house arrest;
• a plea agreement;
• appellate, cassation or revision proceedings.

This complete list appears in Article 51 of the CPC. State-funded assistance is available to low-income suspects, accused persons and defendants, and regardless of income where participation of an advocate is mandatory. The eligibility conditions are in Article 9 of the State-Funded Legal Aid Act.

The state system selects one advocate according to specialisation, territory and language, and continues selection until an advocate confirms participation. This automatic selection (Article 20 of the Act) is not the investigating authority's choice of a named advocate.

Waiver of counsel must be the suspect's own decision, made when an advocate can actually participate and after a confidential meeting. It is recorded in writing and on video. Waiver is barred for minors, the specified persons with health-related impediments, persons who do not know the language, possible life imprisonment, compulsory medical measures, remand or house-arrest proceedings, a plea agreement and review in higher courts. The waiver rules (Article 52 of the CPC) do not prevent a later request for counsel.

When choosing an advocate, discuss who will personally attend the first actions, availability at night and on non-working days, language, experience with the relevant category, access to copies and how the defence position will be agreed. The state does not set the privately chosen advocate's fee: it is fixed by a freely agreed contract (Article 11 of the Advocacy Act) between advocate and client. Record the scope and fee in writing before work begins as far as the urgency of detention permits.

Frequently asked questions

Can the police refuse to receive a crime report?

The internal affairs bodies must receive and register reports and other crime information, including electronically. After registration, the report must be resolved immediately or checked within the statutory period. If the matter concerns another district, transfer is allowed only under the CPC's narrow location-based rule; the need to transfer does not erase the report.

Does a criminal case exist during the pre-investigation check?

Not yet. Receipt of the report starts pre-trial proceedings, but a criminal case exists only after the initiation order. Before then, only a limited set of checking actions is available, including scene inspection, expert examination and, where lawful grounds exist, detention. A check-file registration number and an initiated criminal-case number should therefore be distinguished.

Does being named in a report make someone a suspect?

Not automatically. The reference is information to be checked. Formal status is created by an order when the statutory information exists, or arises upon actual detention on the CPC grounds. From the restriction of liberty, the person may remain silent, know the suspicion, contact an advocate or close relative and receive defence counsel.

May a suspect be questioned without an advocate?

The authority must ensure defence counsel participates before the first questioning. Proceedings cannot continue without an advocate where defence is mandatory. In other cases, only a properly recorded voluntary waiver is possible, after a confidential meeting with an advocate and with a written record and video. The suspect may still refuse to testify and need not prove non-involvement.

What happens when the 48-hour detention period ends?

If a court has neither extended detention nor ordered remand, and no statutory basis for continued restriction exists, the person must be released immediately. Before the initial limit expires, grounds may justify a formal charge, questioning and a court application for a preventive measure. Preparing the record after actual detention does not move the start of the 48 hours.

What should a refusal appeal request?

Identify the refusal, the conclusions disputed, the circumstances or material not checked, and why the stated legal ground does not apply. The requested outcome is ordinarily cancellation of the refusal and a lawful new decision on the material. The correct recipient depends on who refused: the prosecutor, a higher prosecutor or the higher court.