A decision in a criminal case is a concept that includes the actions of authorized persons at a certain stage. At different stages, decisions are made by the investigator, prosecutor and judge. Consider the difference between them and some other nuances, in particular the consequences for the participants in the process.
The essence of the criminal process
It includes the activities of investigative bodies, inquiries and prosecutors, which is aimed at investigating crimes and taking measures to bring perpetrators to justice.
Each of the entities has its own powers, which are also aimed at protecting the rights and interests of citizens. In this regard, they make decisions in a criminal case.
Normative regulation
Decisions in a criminal case are made on the basis of the CPC. All actions of the participants in the process should be carried out exclusively within its framework. A significant role is played by the Constitutional Court of the Russian Federation, its acts set forth the official interpretation and are binding.
Clarifications of the Plenum of the Armed Forces of the Russian Federation are considered acts of a recommendatory nature. Nevertheless, they are taken into account not only by the judges, but by investigators and prosecutors.
The orders of the Prosecutor General’s Office are periodically issued; they clarify the correct application of the norms of the law, mainly by prosecutors. As to their appropriateness and legality, disputes arise periodically.
Powers at the level of inquiry and investigation
At the preliminary investigation stage, the following criminal decisions are made:
- about excitement and acceptance for its production;
- on termination;
- on suspension;
- on referral to the prosecutor to assess the readiness of a court hearing.
Case initiation
The issuance of a ruling means the start of criminal proceedings. From this moment, a full-fledged opportunity arises for conducting investigative actions. The investigator or the interrogating officer shall make a decision based on the available materials regarding the existence of a crime.
The case is opened regardless of whether the person who committed it is known. For all participants in the process, this decision of the criminal investigator is key.
Results of the investigation
A study of the circumstances of the case may give reason to believe that there is no corpus delicti in the actions or inaction of the suspect. The reasons for this are different. For example, the results of the examination or the emergence of new witnesses refuting the initial findings of the investigation.
Suspension - a temporary cessation of investigative actions in the framework of an open case in connection with the search for a suspect or for other reasons specified in the law. Their disappearance provides grounds for the resumption of production.
Forwarding to the prosecutor - completion of the work of the investigator with the case. Further, the fate of the case is entirely in the hands of the prosecutor.
Actions of the prosecutor
The decisions of the prosecutor in a criminal case are either support for the actions of the investigator, or actions taken directly by the prosecutor.
In the first case, consent is given to initiating proceedings or refusal to open proceedings, suspension or termination.
The second case is the actions of the prosecutor to confirm the indictment and transfer the case to the court or to return it to the investigator or interrogating officer.
As a rule, all decisions are agreed in advance, and there are almost no surprises.
Prosecutors return cases because of flaws that cannot be hidden, and they are obvious.More often, the reason is the execution of documents giving reason to think that there has been a serious violation of the norms of the process. If we talk about serious reasons: all the circumstances according to Art. 73 of the CPC, or the actions of the accused are incorrectly qualified.
Powers of the court
A criminal court decision is generally provided in three forms:
- return the case to the prosecutor at the preliminary review stage;
- convict;
- pronounce a acquittal.
The return of the case to the prosecutor is due to errors in the indictment or the need for its preparation if it was not drawn up.
The second group of reasons is the identification at the stage of the preliminary meeting of circumstances that indicate the commission of a more serious act and the need for additional investigative actions for this reason.
The court has the right to return the case because of the need to apply medical measures.
Thus, a court decision in a criminal case without a sentence is allowed if there are a number of reasons.
Conviction
In it, the court agrees with the arguments of the prosecution, sets out the reasons for this. The judicial act sets out the established circumstances, evaluates the evidence collected in the case, the parties' submissions.
The judge is not limited by the requirements of the prosecutor in terms of leniency. At the same time, he has no right to impose more severe measures than the prosecutor asks.
If the court agrees with the charges, it has the right to impose a punishment taking into account the served term in a pre-trial detention center. In many cases, this is followed by release in the courtroom.
The court, when pronouncing the verdict, also makes a decision on the civil suit, if it has been filed. The lawsuit is often denied, which gives the right to a new statement in the civil process.
Despite the abundance of explanations, people who are a little familiar with the practice of criminal cases know that a judge appoints punishment for those who are first brought to justice without resorting to imprisonment. Often lenient sentences are a sign of a person’s actual innocence.
The court has the right to agree with part of the charges, but the sentence still remains guilty.
The acquittal
Judicial decisions in criminal cases of this kind are almost never made. The main reason is the “stick system” and automatically following the issuance of a similar sentence, the charges against the judge about his corruption.
The judicial act sets out: the circumstances established by the court, assesses the evidence, the arguments of the parties. The reasons why the court considers the charge unproved are indicated.
If serious violations have occurred, the court will issue a private ruling on those responsible for violating the law.