In Art. 27 of the Code of Criminal Procedure, a certain list of grounds has been fixed, in the presence of which the official must complete the prosecution of the alleged attacker. This happens only when it became clear that the latter was not involved in the commission of the act, the amnesty act came into force, and also if the perpetrator did not reach a certain age to be held accountable and the case was completed subject to the provisions of Article 24 of the Code of Criminal Procedure. In addition, there are other reasons for ending the criminal prosecution of the suspect. Art. 27 of the CPC also indicates the fact that the activities of law enforcement officials to expose a person to commit atrocities can be terminated without closing the criminal case. More details about all this will be written in this article.
In case of non-involvement
If during the preliminary investigation the crime event itself was established, but there was no evidence that the suspect or accused committed the crime, then the activities of law enforcement officers to expose the latter in the act ceased. This is confirmed by the fact that the person did not commit any illegal actions. Therefore, the criminal prosecution of the suspect is completed due to the fact that he is not involved in the criminal offense. This is indicated by paragraph 1 of Part 1 of Art. 27 Code of Criminal Procedure.
It should also be noted here that the criminal case should be completed if the law enforcement authorities had only one suspect, the guilt of which they could not prove. Otherwise, the investigation of the crime continues until the moment the real intruder who has committed the unlawful act is found. An innocent person in such a situation has the opportunity to fully rehabilitate himself and ask for judicial compensation, because the activities of law enforcement agencies caused him some harm.
Important
As noted in Art. 27 of the CCP, the prosecution of a suspected person is completed if the case was completed on the following grounds:
- no corpus delicti;
- there is no crime event;
- the statute of limitations has expired;
- in connection with the death of the suspect;
- there is no written statement from the victim.
Amnesty act
Subject to the provisions of Art. 27 of the Code of Criminal Procedure, is considered the basis for terminating the criminal prosecution of the alleged attacker amnesty. It is always declared by the State Duma of the Russian Federation. This act is issued in relation to an unlimited circle of people and allows you to save many people under investigation from criminal liability, to remove convictions from previously convicted persons, and to free people who are serving their sentences in prisons from further detention in places of detention.
In relation to a person subject to amnesty, the persecution ends (if the latter agrees to this), but he will not be considered innocent of the crime. Therefore, he will not be able to rehabilitate. After all, this act is considered only a manifestation of mercy on the part of the state to those persons who have committed illegal acts. The decision to apply amnesty is taken only by those officials who are indicated in the official document (Government Decree).
Other grounds
The investigation into the person’s attitude must be completed if he has already been punished for this crime. After all, no one can be convicted again for the same act. Because it contradicts the norms of the Constitution of the Russian Federation.
If there is a procedural document of the judicial authority on the completion of the case on the same charge, the investigation regarding the person must be completed. This confirms Art. 27 Code of Criminal Procedure.
If the law enforcement authorities have a decision to end the case on the same charge or to refuse to institute it, then the activities of the officers to expose the person to carry out the act should be completed.
Nuances
In some cases, it is not possible to complete the investigation in relation to the alleged attacker because he objects to this. For example, if an amnesty act is issued that allows you to free a person from liability, but the latter, for any specific reason, does not agree to apply this document to him, the investigator cannot stop the proceedings on his own initiative. In such a case, the investigation of the case should be continued.
It is also not allowed to terminate the investigation in relation to the suspect in connection with the fact that the limitation period for attracting a person for committing a criminal act has passed, if the latter does not agree to this.
Thus, the norms of Art. 24, 27 of the Code of Criminal Procedure confirm the fact that the activities of law enforcement agencies to expose an attacker can not always be completed at the initiative of the former. Reconciliation with the injured party and active repentance are also not grounds for ending the proceedings if the suspect objects to this.
Comment
All existing grounds on which it is allowed to stop the criminal prosecution of a person suspected of committing a crime are enshrined in Art. 27 Code of Criminal Procedure. One cannot disagree with the comments on it. Indeed, at the end of the criminal prosecution, officials have the right to be guided only by the norms of the current law. Most often, the activities of law enforcement officials to expose a person in the deed ends due to the fact that the latter is not involved in the commission of a criminal act. In other words, the evidence gathered is not enough to indict a person and refer the matter to the court. Nevertheless, the law also spells out other grounds that allow the investigator to stop the criminal prosecution of the alleged attacker. For example, in the case of an amnesty or closure of the case due to lack of corpus delicti.
In relation to a minor
According to general rules, criminal responsibility for the implementation of a criminal offense comes from sixteen, and for some serious atrocities from 14 years. This is the law. So, if at the time of the commission of unlawful acts the minor has not reached a certain age to bring him to justice, then the prosecution against him must be completed. In this case, there will be only one reason - this is the absence of a criminal offense.
In a situation where a minor has reached a certain age from which responsibility begins, but due to slow mental development lags behind his peers, the criminal prosecution against him ends. Because the teenager could not fully realize the whole danger of the crime he committed. Art. 27 of the Code of Criminal Procedure of the Russian Federation in the new edition also confirms the fact that the investigation of a minor ends on the basis of paragraph 2 of Article 24 of the Code of Criminal Procedure.
One of the highlights
In some cases, prosecution of a person ends without closing the case. This only indicates that the previously suspected citizen is not to blame for the deed, but there is another person who committed this act and disappeared. In practice, this happens quite often. In addition, part 1 of article 27 of the Code of Criminal Procedure of the Russian Federation expressly states that one of the grounds for completing a criminal prosecution of a person is his non-involvement in the crime committed.
Thus, if law enforcement officers after carrying out the necessary investigative measures found a real intruder, then the investigation of the case continues.
Small characteristic
What, nevertheless, should be understood as termination of criminal prosecution? Indeed, many citizens who do not have special education and knowledge cannot give a precise definition of this concept. The completion of the criminal prosecution means the absence of grounds for further investigative measures against the person, as well as the end of the activities of law enforcement officers to expose the latter in the commission of the crime. This means that a citizen now does not have a special status as an accused or suspect and does not take an obligatory part in investigative measures.
On practice
In their professional activities, law enforcement officers quite often apply Art. 27 Code of Criminal Procedure. The judicial practice of appealing against decisions of officials regarding the completion of the criminal prosecution of alleged attackers, on the grounds enshrined in law, has recently become even greater than in previous years. This is due to the fact that investigators do not always lawfully apply a particular point of the law when they finish their activity of exposing a person to a committed act. For example, quite often, officials do not complete the proceedings on exonerating grounds, as is the case if the citizen turned out to be innocent of the crime, but in connection with an amnesty or reconciliation of the parties (which is unacceptable without the consent of the suspect).
Thus, the person released from the investigation has no choice but to file a complaint with the court against the actions of the investigator. In addition, in some cases there are situations when a citizen is again held accountable for a criminal act, according to which he was already convicted and served the sentence. In such a situation, people are forced to seek help from higher authorities and the judiciary.
Finally
Here it is necessary to say once again that the completion of the criminal prosecution of a person is not always carried out together with the closure of the case. A juvenile attacker who has committed unlawful acts at the moment when he has not yet reached the age at which responsibility comes, will be exempted from all sanctions existing in the law. Citizens under investigation at the time the amnesty is issued may refuse to apply this act to them. By law, this is their right. In such cases, the investigator continues the proceedings in the manner prescribed by law.
No one may be convicted of the same criminal act repeatedly. Otherwise, the basic law of the state will be violated. Therefore, after the court verdict comes into force, it is not allowed to re-carry out activities to expose a person to commit the same act and to bring him the same charge.