Recovery of criminal cases - Activities aimed at re-collecting materials on facts to be established. It is carried out by the investigating authorities. 
In the framework of this activity, the necessary procedural measures are carried out, materials are requested and shared, including copies and originals of documents used in the initial production. General order recovery of criminal cases enshrines article 158.1 of the Code of Criminal Procedure. Let's consider it in more detail.
Grounds
Recovery of lost criminal cases made in accordance with the decision of the prosecutor. If the loss of materials or the whole case took place during the proceedings, the basis is a court decision. It is sent to the prosecutor for execution.
Features of the procedure
Case restoration is carried out on copies of documents and materials that can be classified as evidence in the manner prescribed by the CPC, as well as through the execution of procedural actions. 
The term of investigation, inquiry, detention of citizens shall be calculated according to the rules defined in articles 162, 223 and 109 of the Code of Criminal Procedure. If the deadline for custody in a lost case has expired, the person must be immediately released.
The relevance of the issue
The conditions for the restoration of criminal cases enshrined in Art. 158.1, in fact, can be called the grounds for opening a special production with a special subject of proof. It is, in fact, a lost cause. In addition, production opens to achieve a special goal - the restoration of materials.
Currently, the risks of losing cases of all categories remain fairly high. This problem arose in the mid-90s of the last century and required legislative regulation.
Nuances
Grounds for Decisions to reinstate a criminal case arise when the fact of the absence of a case or the inability to establish its location is proved.
For the application of the provisions of Art. 158.1 enough loss of any part of the materials, not necessarily the whole case. Moreover, any one document or one evidence may be subject to restoration. 
Procedural actions
To fixed assets reinstatement of a criminal case or some of its materials include inspection, seizure, interrogation of witnesses, etc. Authorized employees also copy the papers held by the parties to the process, conduct repeated investigative measures.
All requirements that are presented to evidence by applicable law remain valid with respect to recoverable materials.
Comprehensive study of materials
Criminal case recovery - This is not just a technical process. It is considered a special form of preliminary investigation. The activity consists in re-collecting evidence, evaluating it, making a decision or confirming the conclusions made earlier.
If, after all the appropriate actions have been completed, information is received that provides the basis for a different decision on the main issues, they must be resolved in a new way. Previous findings cannot have prejudicial significance. The main issues are those of guilt / innocence of a person, the presence / absence of grounds for changing / repealing / applying a coercive measure, qualification of an act, etc.
Effects
The loss of materials is the basis for an extension of time, if this is permitted by law.
If the whole business is completely lost, then there is a need to re-issue a decree on the opening of production. Accordingly, procedural legal relations arise again, evidence is again collected, new decisions are made.
It should be said that the loss of materials can significantly affect or change the criminal procedural relations that have formed between the participants. 
New legal relations arising in connection with the restoration are not covered by the relations characteristic of the usual order of consideration and investigation. The results of repeated procedural actions may, to one degree or another, not correspond to the initial ones. The investigator may have other conclusions about the distribution of the roles of accomplices, the method of committing the act, the size of the kidnapped, etc.
Important point
Despite the significance of the repeated actions, any changes can and should have exclusively procedural consequences. At the same time, they cannot influence the material attitude associated with responsibility and stop it. When restoring a case lost in the framework of legal proceedings, the application of the provisions of the legislation on a more serious act for an infringement on which the materials were initially sent for consideration is not allowed.
Exceptional Cases
Sometimes a trial is allowed in court without reinstatement. This is possible in cases of public-private, private prosecution. According to them, the prosecution is carried out according to the rules of Article 20 of the Code of Criminal Procedure.
Criminal cases lost in the framework of pre-trial proceedings are not subject to compulsory restoration:
- Discontinued on special grounds.
- Private-public, private prosecution if victims refuse to prosecute.
- Suspended if the statute of limitations has expired.
This is not a complete list of cases, the mandatory restoration of which is not provided. Production in these cases is not excited. However, the prosecutor has the right to make a different decision.
Appeal verification of the validity and legality of the decisions and sentences handed down in cases opened in private, is allowed without restoration. 
The case procedure is not binding if a sentence has been passed. Recovery in this case may be carried out at the discretion of the cassation or supervisory judicial body, taking into account the views of the parties.
Scope of Art. 158.1
They are determined by conditions that follow from the principles of the presumption of innocence and the inadmissibility of re-holding a person liable for one crime. Therefore:
- The impossibility of opening a new case and conducting an investigation instead of the lost one if the proceedings were completed by making a decision on the merits. In this case, the decision is subject to cancellation in the appropriate procedural form. At the pre-trial stage, it is canceled by the prosecutor, in the framework of legal proceedings - by appeal, cassation, supervisory ruling or in order to resume the case.
- Doubts about materials not restored during repeated investigative actions should be interpreted in favor of the accused.
Recovery of a missed term in a criminal case
This procedure is referred to in Art. 389.5. Recovery of term in a criminal case allowed on appeal.
In the case of missing the period allotted for appeal, for good reason, the person concerned has the right to ask for its restoration. The validity of the reasons is assessed by the presiding judge or other judge who participated in the relevant meeting. 
The decision on the refusal to satisfy the application for the restoration of the term in a criminal case may be appealed by the interested subject to a higher authority. She, in turn, can cancel the decision and consider the appeal and the application or return them to the court that adopted the contested decision to comply with the requirements enshrined in Art. 389.6 Code of Criminal Procedure.
