The police investigation is a crucial phase in a criminal prosecution, gathering evidence to support charges and assess if there is enough basis to proceed with legal action.
Lawyers must take action at this point to safeguard their clients’ rights and provide a strong defense.
You will learn about the police investigation, its features, timeframes, stages, and how attorneys can strategically operate for optimal outcomes in this text.
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What does a police investigation involve?
The police inquiry is a procedural process carried out by the police authority, typically the civil police.
The start of the process aims to examine a crime, determine the perpetrator, and gather evidence to back up any legal proceedings.
It is not a legal procedure, but it provides the Prosecutor with grounds to make an accusation or request the case to be dismissed.
The primary goal of the police investigation is to establish the truth of the matter while also safeguarding the rights of those being investigated.
Characteristics of the police investigation
The nature of a police investigation is distinct from other procedural actions due to its specific characteristics.
Understanding your driving and limits hinges on these unique aspects.
- Administrative nature involving formal procedures.
The inquiry is not a legal procedure, but an administrative process conducted by the judicial authorities.
Its purpose is to gather information that supports the Public Prosecutor in deciding whether to file a complaint or not.
Therefore, there are no opposing parties involved, as in a legal case, but rather a one-sided inquiry.
For it to be considered an administrative procedure, it must follow the documentary requirements outlined in Article 9 of the Code of Criminal Procedure (CPP).
All aspects of the police investigation must be documented in written or typed form and initialed by the relevant authority, as stated in Article 9 of the Code of Criminal Procedure.
- Sigilous:
Maintaining secrecy is a crucial aspect to safeguard the efficiency of investigations, preventing outside interference or manipulations.
Art. 20 of the CPP mandates the confidentiality of the police investigation.
The authority must maintain the required confidentiality during the investigation to clarify the matter or as needed for the benefit of society.
The lawyer is guaranteed access to the evidence already recorded in the survey by STF Claim 14.
The advocate has the right to access a broad range of evidence already documented in the investigatory procedure by the body with judicial police authority, which is relevant to the defense rights of the person they represent.
The access enables the defense to monitor the case’s advancement and implement strategic actions without hindering the investigation.
- Disposability.
The police investigation is a method to reach a goal, not an objective in itself.
It acts as a tool for calculating and gathering evidence that may be used to support a criminal case.
If there is sufficient evidence and information already available, the investigation could be closed.
The Public Prosecutor’s office will close the investigation if the report provides enough evidence to initiate criminal proceedings, in which case it will file a complaint within fifteen days.
- Description:
The police have a level of freedom in determining the necessary actions and how to carry them out.
The 6th and 7th articles of the Criminal Procedure Code provide examples and potential actions that can be taken in response to a police investigation.
Such discretion must adhere to the boundaries set by the law and oversight by the judiciary when necessary.
- Inquiry:
The police investigation does not adhere completely to the principles of providing contradictory and extensive defense, which are only mandated during legal proceedings.
A defense attorney is not required, as stated in the 5th Supreme Court Binding Summary.
The Constitution is not violated when a lawyer fails to provide technical defense in the disciplinary administrative process.
- Official status
This characteristic guarantees that the police investigation is overseen solely by authorized officials, like civil or federal police delegates, as outlined in Article 144, Sections 1 and 4 of the Federal Constitution.
- Official process:
In cases of public criminal offenses, the police authority is required to initiate an investigation into the crime without considering the wishes of the involved parties.
In situations involving conditioned or private criminal actions, it relies on the victim’s representation or expression.
- Not available.
After it has begun, the police inquiry cannot be initiated by the delegate, as this responsibility falls solely to the Public Prosecutor (Article 17 of the Criminal Procedure Code).
Before installation, the delegate may perform an initial verification of information (IPV) to screen out unfounded complaints.
- Time passing.
The inquiry must be finished within a specific period based on the case’s circumstances and the detainee’s situation.
Prolonged confinement without valid reason can lead to illegal restraint and potential judicial detention under Article 5, LXXVIII of the CF/88.
When is the due date for the police inquiry?
The timeframes for finishing the police investigation vary based on factors like the status of the person being investigated (in custody or free) and the type of crime.
Here are the primary ones:
- Article 10 of the Criminal Procedure Code addresses State crimes.
Defendant: 10 days;
Deadline: 30 days from now.
- Federal crime commonly committed (Article 66 of Law No. 5.010/66 and Article 10 of the Criminal Procedure Code).
Defendant: 15 days initially, with the possibility of a 15-day extension.
Due date: 30 days.
- Violation of the Economy of the People (Article 10, Section 1 of Law No. 1,521/51):
The accused will be given a 10-day sentence.
Due date: 10 days.
- Drug offense according to Law No. 11.343/06 (Article 51).
The defendant can request an additional 30-day extension.
The deadline of 90 days is extendable for another 90 days.
- Military Surveys under Article 20 of the CPPM.
The deadline of 40 days can be prolonged for an additional 20 days.
The lawyer’s practice of keeping track of these deadlines is crucial to prevent rights violations and case delays.
When does a police inquiry begin?
The police inquiry can start under various circumstances.
- When the police become aware of a public criminal offense without conditions, they will take action.
- At the request of the Public Prosecutor or the Judge: When these authorities determine the necessity for approval.
- In cases of conditioned or private public prosecution, the inquiry can only be initiated upon a formal request from the victim or their legal representative.
- When the investigation starts 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 logically follow the events.
Set up.
The initial step in a police-initiated investigation is the creation of its body of establishment by the police authority.
This regulation is founded on information regarding a criminal incident, which may be obtained through various methods.
- Bulletin of incident;
- Report submitted by external parties.
- Complaint is required for private criminal action cases.
- Self-detention in flagrante delicto occurs when the offense is discovered during or right after the act.
Once the police are informed of the situation, they need to identify the IP address to start their inquiries.
Preliminary inquiry:
The initial phase of the investigation starts once the IP is determined, during which the police authority aims to collect evidence.
This study may contain:
- Physical evidence gathering;
- Testimonials, individuals who have experienced something, and individuals under scrutiny.
- Technical skills like analyzing crime scenes, studying ballistics, or working with DNA.
- To search and confiscate items or documents that are pertinent.
The aim is to gather enough evidence to determine the significance (the presence of a crime) and the identity (the person who committed the act) of the crime.
Efforts:
After gathering initial evidence, there might be a requirement to undertake specific actions to enhance the inquiries.
These methods involve more aggressive actions such as:
- Telephone conversations that have been recorded.
- Reveals confidential banking or financial information;
- Search and confinement at home.
These efforts typically require prior authorization from the Judiciary, based on a justified request from the police authority explaining the necessity and significance to the case.
Temporary and preventative incarceration:
The police authority can request precautionary measures from the judge when necessary during investigations.
- Temporary detention can be used during the investigation phase for serious and specific crimes to facilitate the advancement of the investigation.
- Preventive custody is employed to safeguard public order, guarantee the implementation of criminal law, or hinder the involvement of the accused in the investigation.
The arrest in flagrante is the only type of arrest that doesn’t require a court order and can be carried out directly by the police when the suspect is caught in the act or immediately after.
Finishing the task and the police report.
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 when there are indications of authorship, or the archiving when there are insufficient evidence.
The report is sent to the Public Prosecutor for further action.
Analysis by the Public Prosecutor:
Upon receiving the police inquiry, the Public Prosecutor (MP) has the independence to determine the course of action.
Your choices consist of:
- Initiating criminal proceedings by filing a complaint if it deems there are enough grounds.
- If you realize that the evidence is still lacking, additional steps are necessary.
- Propose filing when he determines that there are no valid reasons for criminal prosecution.
Court ruling
The judge will assess if the evidence provided by the MP is enough to initiate the criminal proceedings.
There are two options available.
- The complaint is acknowledged by the judge when they determine that there is a valid reason for criminal action, initiating the proceedings.
- The complaint is rejected by the judge if the evidence presented is deemed 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 being investigated and to devise 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.
- Seeking information: Asking for the presentation of evidence that could benefit the defense.
- Monitoring tests involves verifying if they were acquired legally to prevent any potential invalidations in the future.
- The lawyer can access the documented information despite the confidentiality of the survey to ensure access to vehicles.
- Preventing abuse involves taking action to avoid infringements of rights, such as unjust arrests or unreasonable time limits.
- When starting investigations based on complaints of crime, lawyers can acquire additional knowledge to prepare a strong response to the accusation.
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Advice to provide to your clients when dealing with a police investigation
Lawyers can provide their clients with important recommendations.
- Clarify that the individual being investigated has the right to stay quiet, which should not be seen as an admission of guilt.
- Guide the customer to refrain from making impromptu statements and to avoid sharing information without being present.
- Encourage working together while staying within legal boundaries and without jeopardizing your defense.
- Encourage the client to keep and provide documents that can serve as evidence in your favor.
- Reduce the emotional impact of the survey by explaining the process and keeping the customer informed.
The police investigation is the primary form of defense, and your involvement is crucial.
The police investigation phase is where a strong defense in criminal proceedings begins.
At this moment, the lawyer can safeguard the client’s rights, pinpoint any investigation shortcomings, and establish a strong basis for subsequent actions.
By strategically managing the legal proceedings, including closely monitoring investigations, analyzing evidence carefully, and requesting necessary actions, the lawyer can safeguard the client from unjust actions and potentially impact the case’s outcome.
The defense should start before the complaint is officially filed.
Extensive understanding of police investigations and a proactive attitude are crucial for achieving justice and providing effective defense.
Explore the article about Infallible Offenses in Brazilian Legal Planning: Handy Handbook for Attorneys.
What occurs following the police inquiry?
The police forward the investigation to the Public Prosecutor (MP), who has the authority to:
– Seek the closure, pending approval from the Judiciary.
When is the timing of the event report considered?
The investigation by the BO is initiated when the police authority discovers evidence of a crime or upon request from the Public Prosecutor or Judiciary. Not all BOs result in a survey.
How long will the investigation take?
If the individual under investigation is incarcerated, the investigation must be concluded within 10 days; if they are not in custody, it should be completed within 30 days (with the possibility of extension). Once the case is referred to the Public Prosecutor’s Office, criminal proceedings commence if a complaint is approved by the judge.
Who is eligible to submit a police report?
The police do not submit reports. The Public Prosecutor can ask for submission, but the judge has the ultimate authority to decide.
