If a criminal case has been instituted against a citizen, criminal prosecution also takes place. This does not sound the most pleasant way, but does not constitute something out of the ordinary.
Characteristics and types of criminal prosecution
The criminal process is a completely normal procedure, which is carried out by the bodies of inquiry or the investigating authorities. As part of the activities of officials, the guilty person is exposed, which consists in collecting evidence, bringing charges and indictment. In court, the prosecution is supported by the public prosecutor, and the accused can appeal the verdict if he does not agree with him.
What is the prosecution? The concept and types are contained in Article 20 of the Code of Criminal Procedure of the Russian Federation and depend on the type of charge:
- private;
- private-public;
- public.
Each type has its own rules for the maintenance of case materials, as well as the termination of the criminal prosecution that was carried out against the suspect.
Private prosecution
Private prosecution cases can be called those that are instituted only on the basis of a statement by the victim and are subject to jurisdiction of a world court. The very name of such cases implies that they regulate relations between individuals and do not affect public safety. Private prosecution is possible under the articles of the Criminal Code:
- 115 - minor damage to health;
- 116 - beating;
- 129 - defamation (in the absence of qualifying signs);
- 130 - insult.
The type of criminal prosecution is determined in this case by the private nature of the case.
For these crimes, it is possible to reconcile the parties by mutual agreement, when they can conclude a certain agreement that will completely solve the case and free the accused from criminal prosecution and criminal record.
Public-Publication Accusation
Crimes that relate to public-private are provided for in the articles of the Criminal Code:
- 131 - rape;
- 132 - sexual violence;
- 136 - violation of the equal rights of persons;
- 138 - violation of secrets, negotiations, correspondence;
- 139 - violation of the inviolability of housing;
- 145 - refusal when applying for a job, if it is not justified;
- 146 - copyright infringement;
- 147 - violation of inventive rights;
- 159 (all sub-articles) - fraud in various fields;
- 160 - misappropriation of funds and embezzlement;
- 161 - damage to property.
In this case, the type of criminal prosecution is the exposure of a suspect who has committed a crime under the above articles, carried out in a frequently public manner. A case may be instituted if the victim himself filed an application, by decision of the investigator, or if the victim is in a dependent state and is not able to independently exercise his rights.
Such cases are heard by a city or district court. The reconciliation of the parties can take place, but it is much more difficult to implement it. If in the previous case an agreement between the parties is possible at any stage of the proceedings, then in public-private cases this is unacceptable.
The exception is described in Article 25 of the Code of Criminal Procedure moments when the termination of the case, and with it the prosecution, occurs at the request of the victim (or his representative), if a minor act is committed. In this case, the fact that the accused has made amends or compensated for the harm caused must be taken into account.
Public prosecution
Types of prosecution and prosecution are also considered in relation to other cases not covered in the previous sections. These categories of acts may be especially dangerous or serious, criminal prosecution by state representatives.
Actions by the investigating authorities (inquiry bodies or the prosecutor) are carried out more in the interests of the public than in the interests of the victims. Decision-making in such cases is carried out without taking into account the position of the injured party.
For example, a crime under article 116 (beatings) will be considered in private, but if it is committed on the basis of racial hatred, it will be a matter of a public nature.
Subject of persecution
Types and subjects of criminal prosecution, as a rule, intersect each other.
First of all, it should be noted that the prosecution is subject to prosecution. Articles 37-45 of the Code of Criminal Procedure define participants in criminal proceedings, such as:
- the prosecutor;
- inquiry officer;
- investigator;
- heads of the investigating authority or inquiry unit;
- victim;
- private prosecutor (the citizen who filed the application and supports the prosecution);
- civil plaintiff (citizen demanding compensation for property damage);
- representatives of the victim, plaintiff or prosecutor.
Object of persecution
A person prosecuted is subject to persecution. The types of criminal prosecution of the suspect depends on what crime is committed, as mentioned earlier.
The proceedings may be suspended or terminated depending on many circumstances. For example, an object of persecution may be hiding from law enforcement agencies, not be able to attend a trial or testify. Also a suspect - an individual may suddenly die. In this case, the proceedings and all types of criminal prosecution are terminated. The case is closing.
Harassment is an integral part of the criminal process, in which all the circumstances of the case are investigated. These concepts should not be confused, since the process is carried out in relation to the entire crime, and the prosecution - in respect of a person who allegedly violated the law.
There are cases when the proceedings continue, and the prosecution ceases due to the fact that the suspect is not involved in the commission of any act.
Terms of prosecution
Any types of criminal prosecution have certain terms, which depend on the case under consideration. According to the law, the process in which pre-trial clarification of all circumstances takes place should last no more than two months, according to article 162 Code of Criminal Procedure. If it turns out that a person can be transferred from the category of suspects to the accused, the case materials are transferred to the prosecutor for approval of the charge.
The official is obliged within five days to resolve the issue of approving the conclusion provided by the investigating authorities, or of sending materials for an additional investigation.
At all stages of the progress of the case, any type of criminal prosecution cannot be terminated (with the exception of the above conditions). The basis for the end of the prosecution, if the person is found guilty, is considered to be his detention for serving a sentence in the form of a term in a colony.
Thus, the duration of the prosecution is directly dependent on the process - from the statement or detection of a crime to the verdict of the court.
Subject Subordination
Persons who prosecute respect subordination, which is as follows:
- The prosecutor monitors the legitimacy of the actions of all other entities, has the right to approve, reject or send conclusions, decisions and other procedural documents received from investigators, interrogators and their leaders.
- The heads of investigation or inquiry departments have the right to reject or approve decisions or decisions of investigators (interrogators), but they do not perform the functions of a prosecutor.
Thus, each entity fulfills its duties in order to legally carry out criminal prosecution, the concept and types of which are directly dependent on the committed criminal act. All actions of state representatives are spelled out in the relevant laws.