Complaints and petitions in criminal proceedings are a way of responding to unauthorized participants in proceedings to the actions or inaction of those who have powers (with some exceptions). Consider the nuances of writing complaints and petitions.
Normative regulation
The current version of the Code of Criminal Procedure of the Russian Federation fully reflects the ways and means of influence of the participants in the process on its development. We are talking about the side of the defense, the victim, the civil defendant and the plaintiff. We must not forget that those who do not yet have a certain status are entitled to file a complaint or petition. For example, an applicant who has filed a criminal complaint, or another person who believes that his rights and interests have been violated.
The CPC is the only normative act regulating the process of investigation and consideration of cases. It is a form of embodiment of the criminal law. If the Criminal Code is a list of prohibitions with a description of the punishments for their violation, the Criminal Procedure Code is the path within which the norms of the first of these codes are implemented in life.
What is the difference between a petition and a complaint
The difference between them is as follows. The first group is the requests of the parties to the process for the commission of certain actions by the investigator, prosecutor or court.
There is no question of a violation of a procedural or criminal law. Complaints are related to the elimination of violations by persons with authority.
Who is eligible to apply?
On the defense side, this is a suspect, accused, defendant and defense counsel. On the part of the prosecution - the victim, his representative, private prosecutor. The list includes civil plaintiff and defendant. In their capacity are the victim and his representatives, the accused or his representatives.
The prosecutor also has the right to petition the court in the framework of the trial.
The law also has the right to file an application with an expert formally not related to either the defense or the prosecution. Petitions and complaints in criminal proceedings are submitted to the address of the investigator (interrogating officer), prosecutor (performing supervisory functions during the investigation).
Reasons for submitting applications
Applications are submitted in such cases:
- the need to take actions or decisions that affect the rights and interests of citizens, both participating and not related to the proceedings (for example, attaching evidence);
- recognition of the procedural status of the applicant (e.g. civil plaintiff, victim);
- to dismiss the case;
- on sending the case to the prosecutor;
- on changing the scope of the charge or qualification of the actions of the suspect or the accused;
- on the investigation and consideration of the case in a special manner or with the participation of a jury.
Note that the deadlines for filing applications are unlimited (a natural limitation is the beginning and end of the investigation and trial).
Submission methods
The law gives the right to submit a request orally or in writing. If it is stated orally, then information about it is recorded in the protocol fixing the investigative action or the court session.
A written statement is more reliable: having a copy in your hands with a mark of acceptance or an inventory with a notice, it’s easier to prove later that there was a request. A note of acceptance is put by an employee of the office or the official who directly accepted the application (investigator, interrogator, employee of the UGRO). In the case of a court, it is better to contact the office in advance.
The described things relate equally to petitions and complaints in criminal proceedings.
Spelling scheme
Complaints and petitions in criminal proceedings are drawn up according to a single scheme:
- name of the body or initials of the official;
- information about the applicant (F. I. O., place of residence, procedural status);
- circumstances that prompted a petition or complaint;
- why accepting the request is beneficial;
- references to normative acts (most often CCP, acts of the Constitutional Court);
- essence of the request (to appoint an examination, conduct an interrogation, etc.);
- signature and filing date.
Criminal proceedings
The person conducting the investigation or the judge shall decide on the application immediately or no later than 3 days after his application. Sometimes a decision on an application is postponed as part of a court session or investigative action during which it is declared.
If he was sent in writing through the office in advance, then the examination is carried out during the next visit to the investigator with the participation of relevant persons or a court session, if he was postponed.
The decision is made in the decision. Interested parties have the right to appeal it.
Cause for complaint
The current version of the Code of Criminal Procedure of the Russian Federation gives the right to appeal against the actions and omissions of the subject of authority to any person who believes that his rights and interests are affected. The law does not have any restrictions on what to complain about, as is the case with petitions.
If the terms of the investigation are violated, people have the right to file a complaint with the head of the investigation department or the prosecutor. If red tape takes place in court, contact the chairman of the court.
Extrajudicial appeal procedure
Decision making is within the competence of the head of the investigating authority (the head of the inquiry department is not vested with such powers), the prosecutor and the judge.
The first step is the head of the investigative department, the second is the prosecutor, and the third is the court. At the same time, the participant in the process has the right to complain directly to the prosecutor's office or to the court.
In its form, the complaint is similar to a petition, but instead of the benefits of satisfying the request, the author describes what the violation of the law is.
More often than not, papers fall on the table primarily to the prosecutor. Regardless of the addressee of the complaint, there are several solutions:
- full agreement with the arguments of the complaint;
- partial agreement with the arguments;
- complete denial of complaint.
Based on the results, a decision is made, a copy of which must be sent, including to the applicant.
If the complaint is simultaneously filed with the court and the prosecutor's office, the prosecutor suspends the proceedings and awaits a court decision.
Judicial Features
The complaint is heard in the district court at the place of investigation. The judge must call interested parties to the meeting no later than 5 days after receipt of the documents.
Mandatory participation of the investigator or prosecutor, as well as counsel, legal representative. If the complainant does not have a status, he, his lawyer, investigator and prosecutor are called.
If the summoned did not appear at the trial, the judge has the right to hold a meeting without their participation.
The judge decides solely on the basis of the materials provided by the applicant, unlike the prosecutor, who is not limited by the scope of the complaint and is entitled to require additional materials. At the same time, the applicant has the right to file a petition during the court hearing for the court to request additional information and documents.
The court has 2 options: to agree with the complaint and demand to eliminate the discovered violations or refuse the application, finding it unreasonable.
Terms of appeal
As a general rule, the period for consideration of a complaint is 3 days; if necessary, the time of the proceedings is extended to 10 days. In reality, the deadlines for considering complaints are much longer (at least a month passes).Given the workload of law enforcement officials, this is not surprising.
Unlike petitions, a complaint is most often filed within a certain time frame, and sometimes the deadlines are not set (for example, in case of refusal to initiate proceedings).
Finally
Writing complaints and petitions is the prerogative of participants in criminal proceedings who do not have authority (sometimes, where it is expressly specified by law, complaints can be made by both the investigator and the prosecutor).
In other cases, they are served by ordinary citizens. There are no special requirements for applications; they are not paid by state duty.
Time limits are set for complaints, requests can be made at any time and repeatedly repeated if rejected. How to write a petition? Samples are presented above in the article.