The police investigation is a crucial phase in a criminal case as it gathers evidence to support the prosecution and assesses if there is enough basis to proceed with legal action.
Lawyers must take action early on to safeguard their clients’ rights and provide a strong defense.
This text explains the concept of a police investigation, including its features, time frames, stages, and how attorneys can strategically achieve optimal outcomes.
What does a police investigation entail?
The police investigation, also known as IP, is an official process carried out by the police force, typically the civil police.
The beginning of an investigation aims to look into a crime, determine the perpetrator, and gather evidence to back any legal proceedings.
It is not a legal procedure, but it provides the groundwork for the Prosecutor to make accusations or request the case to be dismissed.
The primary goal of the police investigation is to clarify the facts and uphold the rights of those being investigated.
Characteristics of the police investigation
The unique features of a police investigation set it apart from other procedural processes.
Understanding your driving and limits hinges on these specific characteristics.
- Administrative nature involving formal procedures.
The inquiry is an administrative procedure conducted by the judicial police and is not a legal process.
Its role is to gather evidence that supports the Public Prosecutor in determining whether to file a complaint.
Thus, there are no opposing parties as in a legal case, but rather a one-sided inquiry.
It is important for the administrative procedure to follow the required documentary formalities outlined in Article 9 of the Code of Criminal Procedure (CPP).
All aspects of the police investigation in a case must be documented in writing or typed and initialed by the authority, as stated in Article 9 of the Code of Criminal Procedure.
- I’m sorry, but it seems like you have only provided one word “Sigilous” without any context or additional information to paraphrase. Could you please provide more details or a sentence for me to paraphrase?
Sigilosity is a crucial aspect that safeguards the integrity of investigations by preventing outside interference or tampering.
Art. 20 of the CPP mandates that police inquiries must be kept confidential.
The authority must maintain the required confidentiality during the investigation to clarify the matter or as deemed necessary for the benefit of society.
The lawyer has the guaranteed right to access the evidence already recorded in the survey according to STF Claim 14.
The attorney has the right to access a broad range of evidence already documented during the investigation process by the competent judicial police body, which is relevant to the defense of the individual being represented.
The access enables the defense to track the case’s development and implement strategic actions without impeding the investigation.
- Dispensability
The police investigation is a method to reach a specific outcome, not an objective in itself.
It acts as a tool for calculating and gathering evidence to determine the basis for a possible criminal prosecution.
If there is sufficient evidence and information available, the investigation could be closed.
The Public Prosecutor’s office will close the investigation if the complaint provides sufficient evidence to initiate criminal proceedings, and in such instances, it will file the formal accusation within fifteen days.
- Description:
The police have the authority to choose which actions are needed and how to carry them out.
The sixth and seventh articles of the Criminal Procedure Code outline specific examples of potential actions that can be pursued in response to a police investigation.
Discretion must adhere to legal restrictions and judicial oversight when necessary.
- Inquiry:
The police investigation does not adhere entirely to the principles of opposing views and comprehensive defense, which are only necessary in the legal proceedings.
Therefore, a defense attorney is not required according to the 5th Binding Summary of the Supreme Court.
A lawyer’s lack of technical defense in the disciplinary administrative process does not violate the Constitution.
- Official status
This characteristic guarantees that the police investigation is led solely by authorized officials, like civil or federal police delegates, as stated in Article 144, Sections 1 and 4 of the Federal Constitution.
- Official process:
In cases of public criminal offenses, the police must initiate an investigation regardless of the parties’ consent.
In instances of conditioned or private criminal action, it relies on the victim’s representation or expression.
- Unavailable
After initiation, the police cannot file the investigation, as this responsibility lies solely with the Public Prosecutor according to Article 17 of the CPP.
Before installing it, the delegate can perform an initial information verification (IPV) to screen out unfounded complaints.
- Time frame.
The investigation must be completed within a specific timeframe based on the case’s circumstances and the detainee’s situation.
An unjustified prolonged period could lead to illegal confinement and possible judicial detention under Article 5, LXXVIII of the CF/88.
When is the deadline for the police inquiry?
The timeframes for finishing the police investigation vary based on different factors, including the status of the suspect (in custody or released) and the type of offense.
Here are the primary ones:
- Common State Crime according to Article 10 of the Criminal Procedure Code.
Defendant must serve a 10-day sentence.
Deadline: Within a month.
- Federal crime under Law No. 5.010/66 and Criminal Procedure Code (CPP) Article 10:
Defendant: Initial period of 15 days, with the possibility of a 15-day extension.
Due date: 30 days from now.
- Violation of the Economy of the People (Article 10, §1 of Law No. 1,521/51):
Defendant: 10-day period.
Due in 10 days.
- Violation of Drug Law (Article 51 of Law No. 11.343/06):
Defendant: The 30-day period can be prolonged for an additional 30 days.
The deadline of 90 days can be extended for an additional 90 days.
- Military Surveys under Article 20 of the CPPM.
Defendant: 20-day period.
The deadline of 40 days can be prolonged for an additional 20 days.
It is crucial for the lawyer to keep track of these deadlines to prevent rights violations and case delays.
When does a police inquiry begin?
The police inquiry can start under various circumstances.
- When the police discover an unprovoked public criminal offense, they will take action.
- At the request of the Public Prosecutor or the Judge: When these authorities determine the necessity for authorization;
- In cases of conditioned or private public prosecution, the investigation is initiated based on a formal request made by the victim or their legal representative.
- When the investigation begins with the immediate arrest of a suspect during the commission of a crime, it is known as self-arrest in flagrante.
Stages of a police investigation
The police inquiry progresses through a series of stages that adhere to a logical order of events.
Set up.
The initial step in a police authority investigation is the creation of its foundation document by the police authority.
This regulation is founded on information about a crime, which can be obtained through various channels.
- Bulletin of incident.
- Formal report from external sources.
- Complaint is necessary for private criminal action offenses.
- Self-detention is allowed in cases where the offense is discovered during or right after the act.
Once the police are informed of the details, they must identify the IP in order to start investigations.
Preliminary inquiry:
The IP being set up marks the start of the initial inquiry stage, during which the police aim to collect evidence.
This study may consist of:
- Physical evidence collection.
- Testimonials, individuals who were affected, and those who were examined;
- Technical skills like analyzing crime scenes, studying ballistics, and working with DNA.
- Locating items or documents that are pertinent through search and seizure.
The objective is to gather enough proof to establish the significance and the perpetrator of the offense.
Efforts:
After gathering initial evidence, additional actions may be required to enhance the investigations.
These methods involve more intrusive actions such as:
- Telephone interceptions;
- Breaks confidentiality in banking or financial matters.
- Search and confinement at home.
These efforts typically require prior approval from the Judiciary based on a justified request from the police authority.
Temporary and precautionary detention:
The police authority can request precautionary measures from the judge when investigations require it.
- During the investigative phase, temporary detention can be used in cases of severe and specific crimes to facilitate the advancement of the investigation.
- Preventive detention is employed to safeguard public order, guarantee the implementation of criminal law, or prevent the accused from obstructing the investigation.
The arrest in flagrante is the only type of arrest that does not require a court order and can be carried out by the police when the suspect is caught in the act of committing a crime or immediately after.
Completion and documentation from law enforcement.
The police authority creates a final report based on the investigations.
- Describes the activities conducted and the outcomes achieved.
- Presents the gathered proof.
- He considers the indictment in cases of authorship evidence or archiving when evidence is lacking.
The report is sent to the Public Prosecutor, who will proceed with the necessary steps.
Analysis by the Public Prosecutor:
Upon receiving the police inquiry, the Public Prosecutor (MP) has the independence to make decisions regarding the legal process.
Your choices consist of:
- To lodge a complaint and start legal proceedings if deemed necessary based on the available evidence.
- If you feel that the evidence provided is still insufficient, additional steps are necessary.
- Suggest submitting the report if it is determined that there is no valid reason for pursuing criminal charges.
Court ruling
The judge will evaluate if the evidence provided by the MP is enough to initiate the criminal proceedings.
There are two options.
- The complaint is accepted by the judge when they determine that there is a valid reason for criminal action, thereby initiating the legal proceedings.
- The complaint is rejected when the judge deems the evidence provided to be insufficient, and the case may be dismissed.
Lawyers who are actively involved in the police investigation phase
Having a lawyer present at this point is crucial to safeguard the rights of the individual under investigation and to plan a strategic approach.
The primary tasks involve:
- You can monitor the testimonials to verify that the person being investigated is not pressured or influenced to provide evidence against you.
- Production of evidence that could benefit the defense is being requested.
- Checking if they were acquired legally to prevent potential invalidations in the future.
- Access to vehicles is ensured through the guarantee, allowing the lawyer to obtain documented information despite the confidentiality of the survey.
- Preventing abuse involves taking action to avoid infringements of rights like unjust arrests or unreasonable time limits.
- In situations where investigations stem from criminal complaints, lawyers can acquire more information to prepare a strong response to the charges.
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Advice to provide to your customers when they are being questioned by the police
Lawyers can share important advice with their clients.
- Clarify that the person being investigated has the right to stay quiet, and this should not be seen as an admission of guilt.
- Guide the customer to refrain from giving information without being present to avoid making impromptu statements.
- Encourage working together without incriminating oneself, following legal boundaries and protecting one’s defense.
- Advise the client to keep and provide documents that can serve as evidence in their favor.
- Explain the procedure and update the customer regularly to minimize the emotional effects of the survey.
The police investigation plays a crucial role as the primary form of protection, and your involvement is key.
The initial stage of a police investigation is crucial for building a strong defense in criminal cases.
The lawyer can use this moment to protect the client’s rights, find any investigation shortcomings, and establish a strong basis for next actions.
The attorney can safeguard the client and impact the case positively through strategic performance, such as closely monitoring investigations, analyzing evidence carefully, and requesting necessary actions.
The defense should be initiated prior to the formalization of the complaint.
A thorough understanding of police investigations and a proactive attitude are crucial for ensuring justice and a successful defense.
Frequently Asked Questions
What occurs following the police inquiry?
The police forward the investigation to the Public Prosecutor (MP), who is able to:
- Initiate the criminal proceedings by lodging a complaint.
- Seek new methods.
- Ask for archiving, pending Judiciary approval.