September 25, 2007. In 12hours. 20min. Customs officers

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September 25, 2007. In 12hours. 20min. Customs officers at the international airport "Sheremetyevo-2" was detained by Makarov, who in personal baggage was found a container with a powdered substance resembling drugs. On the specified incident customs officers drew up a report which, together with the materials of the inspection done investigator for inspection and to institute criminal proceedings. Investigator received an explanation from the Makarov about the incident, which essentially questions said that the container was not his and that he apparently was tossed customs officers. However, to inspect customs inspector he gave conflicting testimony and described in detail the circumstances of the inquirer in the detection and seizure of things Makarova container with a powdery substance.
Given the current situation, the investigator decided to arrest Makarov on suspicion of committing a crime, which is on the same day in 16 hours. 35 min. relevant protocol was drawn up. Following the issuance of the protocol for the detection of particles on the body of the detainee powdery substance was conducted his examination, which, however, to no avail.
After that, the investigator ordered the manufacture of judicial examination and directed seized Makarov container contents to the Central Forensic Customs Administration FCS.
Upon receipt of these materials for the examination of an expert investigator said that at the present time in their laboratories have accumulated a lot of work, so the results of the examination should be expected only after 2-3 weeks. In connection with this, the chief of the inquiry extended pre-test to 30 days. However, expert opinion was obtained by the inquirer only 31 of October.
Since the term of detention expired Makarova, 27 September investigator decided to release him, but made him an obligation to yavk

Additional information

October 31, 2007 the investigator received the opinion of the expert, which indicated that in a container powdery substance is a narcotic substance - heroin, and it weighs 30 grams.
November 1, 2007 on the basis of the material on their own investigator made the decision to institute criminal proceedings against Makarova under Part 2 st.188 the Criminal Code and held him for a series of urgent investigative actions, and later handed over to the investigator.
Makarov Suspect tried to appeal the decision of the investigator of a criminal case to the prosecutor, but was refused. As stated in the decision to dismiss the complaint in connection with the amendments made to the Criminal Procedure Code of the Federal Law № 87-FZ dated June 5, 2007, the prosecutor decided most of its powers to oversee the bodies of inquiry and preliminary investigation and now with similar complaints you need to look only to the head of the investigative body or the head of a body of inquiry.
1. Assess whether there were in this case the basis for a criminal case under Part 2 st.188 Criminal Code. Motivated to present its views on the matter.
2. Specify which violations of procedural law were made by the inquiry officer and the prosecutor when checking reports of the crime, as well as making and appeal of the decision to institute criminal proceedings. Explain your answer.


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