Termination of a criminal case: grounds, procedure

Preliminary investigation performed in respect of acts punishable by the Criminal Code. The termination of a criminal case is defined as one of the forms of completion of the investigation. This phenomenon is quite common in practice. Any criminal lawyer is first and foremost trying to find circumstances in the presence of which the proceedings can be completed.

general characteristics

In scientific journals, the termination of a criminal case is presented as:

1. The end of proceedings and the resolution of the situation on the merits without passing a sentence.
2. The issuance by the body of inquiry, the prosecutor, the court, the investigator of the act on the completion of procedural activities, which terminates the proceedings.

The concept under consideration is very ambiguous. It can be considered from various aspects:

1. In the meaning of procedural action.
2. As a form of completing an investigation.
3. As a procedural guarantee against unreasonably bringing the subject to responsibility.
4. As a legal fact.
5. As an independent legal institution.

Specificity

The termination of a criminal case is a specific legal fact. Its offensive leads to specific legal consequences. They relate to the termination of legal relations related to the investigation and in which all its participants are involved. For example, for a suspect, the consequence will be the lifting of the restrictions that have been adopted against him earlier, the emergence of a right of appeal, and so on. In this regard, the concept under consideration should be investigated in conjunction with events that will occur after the completion of the investigation.

Signs

The termination of a criminal case, as a procedural procedure, has a number of distinctive features. In particular, it:

1. It is carried out by a special entity authorized to carry out appropriate actions in accordance with the law.
2. It entails the onset of certain consequences.
3. Assumes completion of the relevant procedural documents.

Rehabilitation grounds for termination of a criminal case

They suggest the restoration of the subject in the relevant rights. Such grounds include:

1. Lack of criminal composition in the behavior of a person.
2. Non-involvement of the subject in the commission of the act.
3. The absence of a criminal event.
4. The presence in respect of the accused or suspect of an unverified decision of the prosecutor, investigator, body of inquiry to dismiss the same charge or to refuse to initiate proceedings. These acts are obstacles to the continuation of the preliminary investigation.
5. The absence of a statement from the victim, if the initiation of proceedings under the law is possible only upon filing.
6. The presence of a sentence that has entered into force with respect to the accused / suspect, or a decision to dismiss the case for the same crime. These acts exclude the possibility of prosecution, since prosecution for one act is not allowed. To continue production, it is necessary to cancel these decisions.
7. The absence of a judicial opinion on the presence in the act of the subject of signs of crime or the consent of the State Duma, Federation Council of the Constitutional Court, the qualification judicial collegium to institute proceedings in relation to certain categories of entities endowed with limited official immunity.

Non-rehabilitating circumstances: characteristic

They suggest that the suspect / accused is guilty of an act containing signs of a crime. Here it is necessary to pay attention to an important point. The question of the guilt of a person is open before sentencing. In this case, the termination of the criminal case by the court for rehabilitating circumstances means the state refuses to continue the prosecution. The suspect / accused nevertheless puts the decision to terminate the proceedings for non-rehabilitating reasons in a relatively unfavorable position. This is due to the fact that he does not have the right to demand compensation for damage that was caused by the persecution. Moreover, an appropriate action may be brought against him to compensate for the damage that arose when he committed an unlawful act. The termination of a criminal case in connection with non-rehabilitating circumstances, therefore, requires the observance of certain conditions. These include, in particular, obtaining the consent of the suspect / accused to complete the proceedings, and in some cases - permission of the head of the investigative unit or the prosecutor.

Types of non-rehabilitating circumstances

Termination of a criminal case is allowed when:

1. Edition of the act of amnesty.
2. The expiration of the statute of limitations for prosecution.
3. Failure by the subject to reach the age from which criminal penalties may apply.
4. The presence of an adult mental retardation due to a health disorder, as a result of which he could not fully understand the social danger and the unlawful nature of his actions / omissions, to control his behavior in committing a crime.
5. The entry into force of a law repealing the punishability or wrongfulness of an act. In order to adopt a decision to terminate a criminal case, the specified normative act must gain strength before the materials are transferred to the first instance for consideration and resolution on the merits, and in it - until the sentence comes into force. Otherwise, different rules will apply. They suggest the release of the subject from punishment as part of the execution of a judicial act.
6. The need to apply a coercive educational measure to a minor.
7. No danger of a person recognized as insane.

Termination of criminal proceedings by reconciliation

This circumstance also belongs to the category of non-rehabilitating. It involves resolving the situation by the participants in the process themselves - the accused / suspect and the victim. At the same time, the latter submits a motion to terminate the criminal case after the perpetrator has eliminated all the consequences that arose due to his actions. For example, it could be:

1. Compensation for moral damage.
2. Compensation for material damage.
3. The transfer of certain values ​​and things to the victim in return for the lost.
4. Providing vehicle repair.
5. Apologizing in the form that suited the victim, etc.

Guilty can also prevent negative consequences or increase their size. Such actions, for example, should be understood as providing first aid, transportation to a medical institution, etc. The termination of a case under such conditions is allowed under special conditions:

1. The subject committed an act of moderate or minor severity.
2. An application was filed by the victims.
3. The consent of the prosecutor or the head of the investigating authority is present.

Active remorse

It implies a certain behavior of the suspect / accused, testifying to the loss of public danger by him, about his correction. Active repentance can be confirmed by confession, voluntary compensation for harm, assistance in the investigation and disclosure of the crime.The termination of the case on this basis is allowed in respect of acts of moderate or minor gravity, if there is a statement from the subject who committed it, as well as the consent of the prosecutor or the head of the investigative unit. The legislation provides for a number of cases in which proceedings can also be completed for crimes of the categories “grave” and “especially grave”. In this case, only certain elements of active repentance may be present. For example, the termination of a case is possible with the timely prevention of a terrorist act, the voluntary release of hostages, the message about giving a bribe to an official.

Exclusive circumstances

The above classification of rehabilitating and non-rehabilitating grounds is insufficient to illustrate the specifics of their content. In practice, another differentiation of circumstances also applies. This classification uses criteria for the appropriateness or legality of the prosecution. In accordance with this, there are circumstances that exclude proceedings, and grounds that exempt from prosecution. The first concern the lack of prerequisites for an investigation. In such cases, the case is not subject to initiation, and the begun - should be dismissed. These circumstances are subject to the rule of law of prosecution. Its continuation or completion does not depend on the discretion of authorized persons and the positions held by the parties in the case. In such cases, the prosecutor, investigator or inquiry officer is required to complete the prosecution or refuse to institute it.

Background

There may be no factual or legal basis for initiating proceedings. The former disappear in cases where the crime event has not been proven or not revealed, the subject was not involved in the incident. Legal premises may be procedural and substantive. The latter are absent in cases where there are circumstances that exclude the unlawful behavior of a person (necessary self-defense, reasonable risk, coercion, execution of an order / order). The expiration of a period of time for bringing to responsibility (except for cases of committing crimes for which a life sentence is provided for) and the publication of the act of amnesty are also classified in this category. The absence of procedural prerequisites may be due to:

1. Preset power of previously made decisions.
2. The lack of proper competence of the prosecutor to prosecute.

Exempting circumstances

They are fixed both in the CPC and in the Criminal Code and relate to the substantive grounds. Their essence lies in the fact that, freeing the accused (and in some cases suspects) from prosecution, these circumstances are his alternative. The application of these grounds is carried out in accordance with the principle of expediency of the charge. So, the persecution may end when:

1. Active remorse.
2. Reconciliation of the parties.
3. Applying compulsory educational measures to a minor.

Procedure specifics

The legislation provides for a specific procedure for terminating a criminal case. As noted above, only authorized persons are entitled to complete the proceedings: prosecutor, interrogator / investigator. The procedure involves the following actions:

1. Choosing the appropriate circumstance.
2. Decision making.
3. Familiarization of the parties with the act, clarification of the right to appeal. The opportunity to study the decision of the authorized person can be used not only by the victim and alleged offender, but also by a criminal lawyer or any other legal representative of the participants.
4. Taking, if necessary, measures for the rehabilitation of the suspect / accused.

The adoption of a reasoned decision involves the reflection of the results of the investigation.In particular, a description of the circumstances of the event of legal significance is given, an analysis of the evidence, an indication of the data on the subjects against whom the prosecution was conducted. The act must contain references to regulatory acts, which justify the suspicion, the decision to attract a person as an accused. The operative part of the document must contain the grounds in accordance with which the case was dismissed.