Procedure and grounds for refusal to initiate criminal proceedings

The first separate stage in the criminal process is the initiation of proceedings. During this procedure, information about the crime is checked and an appropriate decision is made. It indicates whether there is a need and reasons to initiate proceedings. This stage is preceded by preliminary investigation and inquiry. But there are exceptions. This is about private prosecution for the initiation of which a statement by the injured party or his legal representative to the judicial authority is necessary.

Grounds and reasons for initiating a criminal case

In order to start a business, reasons and grounds are needed. They should indicate signs of an impending or committed crime. Under the grounds of a criminal case is meant the availability of a sufficient degree of information that indicates signs of an illegal act. Reasons are sources of information indicating an already committed or preparing crime.

Main tasks

The initial stage of the initiation of proceedings has several specific tasks:

1. Registration and acceptance of a statement or report on a criminal act, immediate response to each signal.
2. Exclusion from the stages of the criminal process of facts that did not actually occur, as well as actions that are not criminal.

These tasks are considered resolved only after the verification. This happens due to the division of the stage into several independent parts. Each of these stages is characterized by its tasks and activities, they end with a specific procedural decision.

The first stage is preparatory. Its main goal is the definition of jurisdiction. The second stage is exceptional. At this stage, sufficient data is collected that indicates the signs of an objective side of the crime.

Denial concept

Russian criminal law considers the refusal to initiate proceedings as a final decision. It is he who ends the proceedings. It has the right to institute criminal proceedings (or not to do so) by an authorized person or body. The decision on refusal is supported by the relevant resolution. It is the basis for the end of the criminal prosecution in the future against specific individuals on the same suspicion.

Since the refusal refers to one of the main procedural decisions, therefore, certain evidence must be the basis for it. The evidence obtained must reliably establish a circumstance that excludes the proceedings. If the act reveals defects in the presence of signs of crime, then this is not a reason for refusal. Therefore, in order to obtain sufficient evidence, the authorized bodies are obliged to take measures to expose the perpetrators and to establish the event of a crime.

In those cases where, based on the results of the preliminary examination, it is not precisely established whether a criminal act took place or not, a criminal case is still instituted. Its purpose is to investigate a possible event.

Refusal order

Sufficient grounds are required to initiate a criminal case. In their absence, an appropriate decision on refusal is issued. This decision includes three parts: introductory, descriptive and resolutive. The decision must contain the following data:

1. Date of preparation.
2. Locality.
3. Title, position and initials of the person who issued the decision.
4. The basis and the reason, which served as a signal to the beginning of the criminal process.
5. Signs of an alleged crime.
6. The motivation for the refusal to initiate proceedings indicating the relevant article and the decision itself on the negative outcome, on the notification of the applicant and on the rights explained to him to appeal the decision.

If the verification of a crime was carried out in relation to a specific person or a multitude of people, and the result of this procedure was the issuance of a decision on refusal, the authorized person must initiate a case for false denunciation of the applicant and the distributor of the untruthful report of a criminal act.

A copy of the decision on the negative decision is sent to the applicant and the prosecutor during the day. A petition in a criminal case to appeal the decision of refusal may be submitted to the head of the investigating authority. He is also referred to the prosecutor or the court.

Grounds for refusal to institute criminal proceedings: which are

The Code of Criminal Procedure provides for certain grounds, in the presence of which a negative decision may be taken in initiating a criminal case. These include the following:

1. The act does not constitute a crime. That is, one or several elements included in its composition (subject, object, subjective side, objective side) were not found. Such a refusal is possible only in relation to a specific person.
2. Missing crime event. That is, the act is not illegal.
3. The statute of limitations for the criminal prosecution has expired. In different situations, a different time period is provided. To determine the limitation period of a criminal case, it is necessary to qualify the crime correctly, to establish the exact time of its commission. It is also necessary to clarify the absence of circumstances interrupting the limitation period.
4. Death of a person suspected of committing a crime or accused of an illegal act. The exception is cases where the initiation of proceedings is necessary for the rehabilitation of the deceased.
5. In cases where there is no application from the injured party or if a case can be instituted solely on the basis of this message. If the injured person for certain reasons is not able to use his legal right, by decision of an authorized official, a criminal case may be instituted without a statement from the victim.
6. The absence of a judicial opinion, which refers to the detection of evidence of a crime in the actions of persons referred to in paragraph six of Article twenty-fourth of the Code of Criminal Procedure of the Russian Federation.

The grounds for refusing to institute criminal proceedings are exhaustive. They do not provide other reasons for the negative decision. The considered solution (meaning unreasonable) is a frequent phenomenon. Therefore, it is necessary, upholding their legal rights, to appeal such a decision. Criminal law does not provide for specific periods for this procedure.

Familiarization with the decision to refuse

After receiving the decision on the refusal, it is necessary to carefully study it and pay attention to the following points:

1. Grounds for refusal. They should be described in the operative part (conclusion at the end of the document) of the resolution with reference to the articles of the CPC.
2. The criminal investigator or the inquirer must substantiate his decision in the first part of the document.

In practice, most often they do not initiate a case. The reason is the lack of corpus delicti or event.

Preparation of an application for review

Criminal case documents must be carefully examined. That is, the issues and actions that were taken as part of the audit should be analyzed. To obtain access to the documents in the case, you must write a statement. How to do it? The application form is free. It is necessary to indicate the following points of the procedural position of a person:

1. It is necessary to indicate who is applying.For example, this was done by the applicant in relation to whom the audit was conducted, or by another person. It is necessary to note the filing dates of the document and state its essence.
2. Dates and numbers of the rejection order.
3. The requirement to familiarize (with the use of technical means) with the verification materials.
4. Dates and numbers of verification materials.
5. References to the second part of Article twenty-four of the Constitution of the Russian Federation, which refers to the right to familiarize oneself with materials affecting freedoms and rights.

The application can be sent by mail or, in duplicate, taken to the office. In it, on the second copy, the person who accepted the application is obliged to put a mark on admission indicating the date and signature. The document with the mark remains with the law enforcement officer who drafted it.

Acquaintance with verification materials

After submitting the application, the person is required to appoint a place and time for the audit. A person who has requested a review may conduct this action in person or use the services of a lawyer. If the check is carried out in relation to the minor person or at his request, familiarization may be carried out by his legal representative. This does not require a power of attorney.

The study of verification materials involves the removal of copies from them. Therefore, the application states "using technical means." If familiarization takes place without the use of copying devices, then it is allowed to make extracts from materials.

Complaint

After studying the verification data and if there is a lack of grounds for refusing to institute criminal proceedings, it is necessary to draw up a complaint. It should be concise, clear, justified and motivated. The complaint shall indicate the address and the authority to which it is submitted, initials and address. It is also necessary to indicate his procedural position, the decision, which is appealed, and the applicant's arguments. It is necessary to indicate the rights and requirements of the applicant violated by the ruling.

A complaint can also be made if a criminal case has been opened against a person not involved in the commission of a crime. For example, sometimes, according to authorized persons, his involvement takes place. You can also file a complaint against any illegal actions by law enforcement officials.

Complaint

A complaint may be filed with the investigator, the interrogating officer, the head of the investigating authority, which issued a decision on the refusal, as well as in a court or prosecutor's office. The authority to which the document is filed is selected at the discretion of the applicant. The complaint is considered within three days. Except in cases of extension to ten days.

The results of the consideration of the complaint by the head of the investigative committee, judge or prosecutor

If the prosecutor finds the refusal to initiate unlawful or unreasonable, the prosecutor sends the criminal case to the head of the investigating authority in order to resolve the issue of canceling the refusal order. What is the decision on the direction of the case file? In this case, a decision may be made only with the consent of the head of the investigating authority conducting the audit.

If the prosecutor finds the refusal made unreasonable and unlawful inquiry agency then he annulled the decision and sent a new request for cancellation. It is addressed to the head of the cognitive body. It gives directions. The deadline for their execution is also set.

If the judge, when considering the complaint, decides that the grounds for refusing to initiate a criminal case are unreasonable and unlawful, he will issue a decision and send it for execution. This is notified to the applicant.