Today we will be interested in Art. 25 Code of Criminal Procedure. It regulates one very interesting feature that relates to the conduct of criminal cases. More precisely, it is about the termination of the meeting and the investigation. For what reason? Due to the fact that there was a reconciliation of the parties. No matter how strange it may sound, but in some cases there is such a prospect. Moreover, it is not always possible. And it does not come to life too often. Nevertheless, such a principle is enshrined in law. What features should be considered at the same time? What can help?
According to the code
What does art. 25 Code of Criminal Procedure? Everything is extremely simple and easy here. A judge, prosecutor or any other authorized person may terminate criminal proceedings in connection with the conclusion of peace between the victim and the suspect. Or directly accused. True, subject to the conditions specified in article 76 of the Criminal Code of the Russian Federation.
Moreover, there will be no negative consequences for the suspect. That is, in fact, it will be considered that he was not prosecuted for the commission of an act. The reconciliation of the parties fully contributes to the termination of the case without the possibility of its re-establishment.
By severity
But you should not rejoice ahead of time. After all, Art. 25 of the CPC also indicates that not everyone has the same opportunity. The privilege applies only to certain persons who participate in the case.
Thus, for the article to take effect, the court will need to take into account the severity of the offense. And the damage done. A murder, for example, cannot be "undone." And theft is easy. That is, if the parties manage to amicably agree on a world agreement, the trial can be completely stopped.
According to Article 25 of the Code of Criminal Procedure, the case is terminated only when the victim was slightly injured or of moderate gravity. Serious crimes do not fall under this privilege, even if the offender tries by all means to make amends to the victim. These actions can only weaken the degree of criminal responsibility to which you need to prepare. And nothing more.
Wines
If the case is dismissed under Art. 25 of the Code of Criminal Procedure, as we have already found out, there will be no consequences for the defendant or the suspect. He will be released on free bread without the application of certain punishments.
But here it is important to take into account the fact that peace between the victim and the defendant is possible only when the guilt is completely ironed out or the parties can agree on compensation for damage. In practice, this happens very often. Usually it’s enough just to pay a certain amount of money. And to compensate not only material, but also moral damage. In principle, nothing difficult. Quite normal conditions for reconciliation in court.
Voluntary decision
It is also worth noting some data that are not indicated in Art. 25 Code of Criminal Procedure. For example, that the world should be voluntary. That is, in fact, with minor violations of a criminal nature, citizens can be reconciled only without coercion. Otherwise, the meeting will not be adjourned.
If during the course of events it turns out that someone pressed on the victim, intimidated and forced to agree to withdraw the statement with all his might, reconciliation simply does not take place. Moreover, such behavior will begin to be regarded as new. crimes against the person and her will, and will also be considered an aggravating circumstance. This means that the case will not simply not be closed and suspended.The crime will become more serious and entail more severe penalties.
Thus, according to Art. 25 of the CPC, a settlement in the case of the conduct of "criminal activity" is a fully conscious and voluntary act. No one has the right to force you to take such a step. Although in practice they try to do this very often. Try to record all attempts to pressure, they will come in handy in court.
Criminal Code
Do not forget about some of the rules that have not yet been mentioned. This is an article 76 of the Criminal Code of the Russian Federation. It seems to be supplemented by Art. 25 Code of Criminal Procedure. That is, the norms that are provided for the possibility of reconciliation of the parties are prescribed here. When can you hope so?
Then, when the citizen committed the crime for the first time. That is, if this is an isolated case. Please note that the degree of damage and harm caused during the act are also taken into account. The damage can be either minor or moderate. It is written exactly the same in the Code of Criminal Procedure.
Again, serious crimes (and especially serious ones) cannot be canceled due to reconciliation. There is no such clause in the law. Part 1, Art. 25 Code of Criminal Procedure, as well as Art. 76 of the Criminal Code do not include such a privilege.
Do not forget about making amends. This is even a mandatory clause in the Criminal Code. The defendant must either immediately make amends to the victim, or conclude some kind of agreement where all the terms and conditions of this act will be agreed. To promise and forget is not good. In this situation, they simply have the right to refuse to cancel the criminal case.
Practice
How does everything happen in practice? In Russia, as has already been said, reconciliation of the parties is not so common. Especially in relation to criminal offenses. However, sometimes this happens. After all, there are prospects for medium damage or light. It is enough to find an approach to the plaintiff to offer him world-wide.
Unfortunately, when cases relate to criminal liability, defendants and suspects most often try to achieve a world by means of threats and intimidation. In this case, it is difficult to prove guilt. After all, such citizens simply act through intermediaries. Those, in turn, will not extradite the criminal. So, the probability of violation of the voluntariness of the decision is high.
In fact, in order not to have to resort to Art. 25 of the Code of Criminal Procedure, very often, with insignificant and moderate damage, an application to initiate proceedings is not filed at all. Moreover, the parties are trying to immediately resolve the issue, on the spot. They use the simplest method here - monetary compensation: both non-pecuniary damage and the damage caused in full. This method is acceptable in case of minor criminal offenses in practice.
