Criminal proceedings are an important process. But it is not always required. In some cases, it is necessary to terminate or not to initiate a criminal case. Rules and grounds for this are prescribed in Art. 24 Code of Criminal Procedure. There are not too many of them, but you will have to know them fully. After all, no one can say for sure whether it is really necessary to understand a particular case in court or not. Let's try to understand what the Code of Criminal Procedure has prepared for us regarding grounds for refusing to institute criminal proceedings character (or what is said about its termination). To understand all the nuances of this process is not so difficult.
Lack of
The first reason that can be had, the most obvious, is the absence of the crime itself. And to be more precise, events interpreted as criminal. In Art. 24 of the Code of Criminal Procedure of the Russian Federation indicates that in this case the criminal case either does not start at all or is terminated at its institution.
To know exactly if there are legal grounds for carrying out these operations, you need to thoroughly study the Criminal Code and the crimes that are spelled out in it. There will certainly be indications of what is considered an event in a particular case. When these standards are not respected, a refusal to initiate criminal proceedings is possible. The grounds, procedure and rules applicable to this issue are quite extensive. But in practice they are quite rare. An event usually means a description of the immediate process, which is interpreted as a crime. For example, theft or robbery. These terms have their own definitions. When the act does not fit them, you can stop or not start a criminal case. It is not so simple as it might seem at first glance.
Composition
What's next? Part 1, Art. 24 of the Code of Criminal Procedure of the Russian Federation also indicates that the grounds for refusal / termination of a criminal case may also be the absence of the so-called corpus delicti in the act. In principle, this is logical - there is no case, no court. Something like "not caught - not a thief."
Each offense has a corpus delicti. Most often, the offender must be aware of what he is doing, as well as go for an action with a specific goal, motive. If, for example, a crime is committed by some mentally unstable citizen with a certificate (medical report), then no one will open a criminal case. Instead, the culprit will simply be placed in detention in so-called psycho rehabilitation facilities. 
The timing
The Code of Criminal Procedure of the Russian Federation also provides for another very interesting paragraph in the first part of Article 24. The thing is that the expiration of the limitation period may be the basis for refusing to initiate a criminal case, as well as for terminating it. It all depends on what kind of act was committed. The statute of limitations is prescribed in the Criminal Code of the Russian Federation. More precisely, they are indicated in article 78. As soon as the term expires, a person is exempted from liability if he has not been charged with legal charges.
Minor crimes have 2 years in a court case, medium severity allows criminal proceedings to be conducted for 6 years after the commission of the act, serious crimes - 10 years, and especially serious ones - 15. After these figures come to an end, according to Art. 24 of the Code of Criminal Procedure, criminal proceedings either do not start at all or are terminated without fail.And legally. This practice is actually quite rare. But she does have a place.
Death
The next paragraph is not always valid. Together with article 254 (part 1), he loses his power. Nevertheless, in all other cases, this refinement takes place. What is this about?
Death of a suspect or accused, according to Art. 24 Code of Criminal Procedure, is the legal basis for termination of the criminal case. Or for refusal at the beginning thereof. With rare exceptions, when conducting an investigation is vital for the victim. More precisely, if this process contributes to rehabilitation. Many simply, so as not to bother, reason like this: there is a living criminal - there is a thing. Dead? No criminal case. In principle, this is correct. After all, when there is no criminal, then there is no one to judge either, to punish too. And the whole process of judicial debate is losing its relevance and necessity.
Statement
Art. 24 of the Code of Criminal Procedure of the Russian Federation in the new edition also indicates that in the absence of a statement by the victim, a criminal case cannot be initiated. That is, until someone declares a crime and writes a complaint, there will be no court proceedings. It is quite logical: maybe the victim and the criminal will amicably solve the problem. And then you do not have to conduct a criminal case. As a rule, this option is possible when causing slight harm.
True, there are exceptions. Not always a criminal case begins when there is a statement from the victim. It all depends on the degree of the perfect act. Article 20 of this Code (Part 4) indicates cases where the start of judicial debate is possible without complaint. As a rule, in order not to require a direct appeal of the victim to the court, it is enough to have the permission of the prosecutor to start the process. Easy and simple.
Resolution
Among other things, Art. 24 of the Code of Criminal Procedure of the Russian Federation also indicates that in some cases it is necessary to obtain permission to conduct a criminal case. And not the prosecutor, but the higher authorities or the court.
All norms are prescribed in article 448 of the Code of Criminal Procedure of the Russian Federation. So, for example, sometimes you need permission from the Federation Council, the State Duma or the Constitutional Court. Exact information on this issue is indicated in paragraphs 2, 2.1, 1, 3, 4 and 5 of Article 448 of the Code of Criminal Procedure. In fact, understanding this is not so difficult.
To make it clear, you can put it in simple terms: the refusal and termination of a criminal case take place when it comes to senior officials of the authorities. To initiate an investigation, it is necessary to obtain permission from the relevant authority.
news
P. 2, Art. 24 of the Code of Criminal Procedure - this is another reason that contributes to the termination of the criminal case. Or a refusal to excite him. It's no secret that any crime must be committed. Moreover, all measures and penalties with definitions of acts are specified in the Criminal Code.
But there is one small but. It is extremely rare, it can be said that paragraph 2 of this article has no place at all in practice. Only on paper. The thing is that you can stop the criminal case or refuse to initiate it when the next amendments and changes to the law have come out. And thereby they abolished the crime that was committed.
It turns out something like the cancellation of an act as a violation in connection with changes in the law. This phenomenon, as already mentioned, is very rare. You can say almost never. Therefore, rely on him is not particularly worth it.
The pursuit
In jurisprudence there is such a thing as criminal prosecution. It can also be terminated legally. Part 3, Art. 24 of the Code of Criminal Procedure of the Russian Federation regulates that in case of refusal to initiate criminal proceedings, the corresponding prosecution also cannot appear.
What does it need to be canceled in a particular case? As practice (and the legislation of the Russian Federation) shows, criminal prosecution ends when the court makes a final decision on the committed act. Or if the criminal case itself was terminated. One without the other simply does not exist. Everything is extremely simple here. If there is a case, there is persecution. He is not here? Then, criminal prosecution is also not necessary.
Non-involvement
What else can be attributed to our topic today? Part 4, Art. 24 of the Code of Criminal Procedure of the Russian Federation emphasizes the next grounds that allow you to terminate a criminal case or refuse to initiate it. And again we will talk about criminal prosecution. But in what sense? As we have already found out, if the case was withdrawn, the prosecution ends. It is a fact.
The second point that needs to be taken into account is that if the prosecution ends for some reason, then the criminal case also does not open or is terminated. We are talking about cases provided for in this code in article 27. We will be interested in paragraph 1 and the corresponding part thereof.
What does it say here? Citizens who have confirmed their non-involvement in the act are exempted from criminal liability. That is, if the guilt against the citizen was disproved, you can not be afraid of the continuation of litigation. Not the most common practice, but it is available in Russia. This paragraph to some extent protects the innocent and suspected. If there is evidence of non-involvement in the case, the criminal case and the prosecution cease instantly.
If there is no composition
Commentary on Art. 24 Code of Criminal Procedure plays an important role. It helps to accurately determine in which cases it is really possible and necessary to refuse a criminal case or terminate it if it has begun. The so-called corpus delicti plays a huge role here. It has already been said: no composition - no business. But in what cases is this option applicable in practice?
Firstly, if the crime actually committed does not have any components that characterize a particular act. That is, if you can’t say exactly what kind of crime is involved. You can understand this point in this way.
Secondly, the corpus delicti cannot be recognized as fully available when the actions were lawful and necessary. For example, excess defense measures. If it can be proved that the perfect act was extremely important and it was impossible to do without it, then no criminal case will be instituted.
Thirdly, failure to appear in court of a victim without good reason is a peculiar absence of corpus delicti. Especially when the process has already begun. In order not to appear at the trial where you are the victim, you need to have really important reasons. Of course, the provision of evidence also takes place.
The insignificance of a crime is another moment that allows you to refuse a criminal case or terminate it. In addition, it is possible to carry out this action due to amendments to the legislation (pay attention to part 2 of article 24 of the Code of Criminal Procedure).
Summary
As you can see, in fact, there are a lot of reasons that could be grounds for terminating a criminal investigation or for refusing at the beginning. Only in practice, not all of them are applied and take place.
Most often, Art. 24 of the Code of Criminal Procedure is used for the insignificance of a crime. Either the criminal case does not start because of the lack of a statement (with the exception of some special cases), as well as in the reconciliation of the parties. Such events occur, as a rule, when the crime was not of a grave nature.
Keep in mind, hoping that if you break the law, they won’t bring a case against you, stupid. This happens, as you see, not very often. Better to just be law-abiding citizens. And if some act was compelled, one must be able to prove the lawfulness thereof.