INTERACTION OF POLICE WITH JUDICIAL AND PROSECUTORIAL BODIES IN THE COURSE OF JUDICIAL REFORM IN THE SECOND HALF OF THE 19TH CENTURY IN THE RUSSIAN EMPIRE

Abstract

It is stated that the institute of judicial investigators was established by a decree of Emperor Alexander II on June 8, 1860, which officially separated the investigative part from the police. At the same time, judicial investigators were responsible for conducting investigations in criminal cases at the county and city levels. At the same time, the “Order to Judicial Investigators” and the “Order of the Police on Conducting Inquiry into Events That May Contain a Crime or Guilt” were adopted. It is noted that the judicial statutes of 1864 made significant changes to the legal status of judicial investigators, their relations with the police, prosecutor’s office and court, and also changed the procedure for conducting a preliminary investigation. Thus, the participation of the police in criminal cases was regulated, in particular in the process of a preliminary investigation through three main forms: inquiry, performance of individual investigative actions and execution of the investigator’s instructions, including a search. The specifics of the inquiry are characterized, which aimed to collect preliminary information that is used by the judicial investigator for further investigation. Thus, the police are obliged to immediately notify the judicial investigator and the prosecutor of any events containing signs of a crime, no later than 24 hours after receiving the information, and in the absence of an investigator or prosecutor, the police conduct an inquiry on their own. It is emphasized that the police had the right to collect the necessary information through searches, verbal interrogations and secret surveillance, while adhering to restrictions that do not violate the freedom of citizens. It is detailed on verbal interrogations by the police, which differed from formal interrogation, since the police did not have the right to force persons to appear for testimony, and also did not keep records in the same form as a judicial investigator does, which affects the degree of reliability of the information obtained. It is noted that in order to improve the methodological support of police activities in the investigation of crimes, the Government Senate adopted a decision on May 25, 1871, which granted prosecutors of court chambers the right to provide general explanations regarding the procedure for conducting criminal cases, which was confirmed by the circular order of the Minister of Justice dated January 31, 1881. It is noted that the investigation of crimes was not limited to the police, but was also carried out by military authorities in cases of crimes committed by military personnel, by civilian authorities in cases of official offenses, by clergy in cases of religious offenses, by officials of certain departments in cases of crimes against state property, as well as by the gendarmerie in cases of political crimes. The prerequisites and specifics of the creation of a detective unit within the police of the Russian Empire to improve the search for criminals and prevent crimes are analyzed.