What is criminal prosecution and who carries it out?

Article 20 of the Code of Criminal Procedure of the Russian Federation considers such a legal concept as “types of criminal prosecution”.
If a criminal case is initiated, then criminal prosecution is conducted against the suspect (later the accused). Because of its role, stalking is one of the core concepts of criminology. The investigator or inquiry officer clarifies the circumstances of the criminal act, formulates charges for subsequent submission of materials to the court. Multi-channel free hotline Legal advice on criminal law. Every day from 9.00 to 21.00

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What are the types of criminal prosecution?

Persecution under criminal law is characterized by the following points:

1. The direction of activity is strictly defined by criminal procedure legislation.
2. The powers of investigation and sentencing are vested in law enforcement officials.
3. Persecution is of a state nature and is ensured by special state instruments.
4. Criminal prosecution is the basis of criminal proceedings.

The task of investigating a wrongful act is solved in the process of collecting evidence and drawing up an indictment document (conclusion or act). At the trial stage, the prosecutor defends the prosecution's position before the court.

The main factor in determining the type of criminal prosecution is the severity and nature of the criminal episode.

The law provides for three types of procedural order:

• public;
• private;
• private-public.

In each of its manifestations, prosecution has its own characteristics, determined by a set of procedural means and methods of detecting and proving circumstances relevant to the case. All categories are characterized by certain rules for the preparation of case materials, grounds for termination of proceedings in the case and, accordingly, a method for terminating prosecution.

Previously, the scientific concept and all types of criminal prosecution were identified with the term “accusation”. In modern criminal law, prosecution is a form of prosecution. It also applies to situations where charges have just been brought against a person. Changes in the manifestations of persecution occur depending on the stage of criminal proceedings, while the accusation remains unchanged both at the stage of preliminary investigation and during judicial proceedings.

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Public accusation in criminal proceedings is one of the ways of criminal prosecution and establishing the truth. The procedure for initiating proceedings on public charges consists of several stages, each of which is clearly regulated by the Code of Criminal Procedure of the Russian Federation.

There is a clearly established model for conducting criminal proceedings:

1. Initiation of a case.
2. Checking the legality and validity of the decision to initiate proceedings by the prosecutor.
3. Notifying the parties of the decision made.
4. Initiation of criminal prosecution and collection of evidence against the suspect.

At the stage of initiating proceedings, the investigator must verify all information provided by the applicant or obtained in any other way, as well as conduct a preliminary investigation. Based on indications of involvement of a particular subject, criminal proceedings are initiated against him. In the resolution, the investigator is obliged to indicate the qualifications of the crime, that is, to describe the alleged article under which the suspect will be held accountable.

In no case should a crime be classified “with reserve”, that is, the involvement of a particular subject in the offense and the severity of the crime should be overstated. Overqualification can lead to unjustified use of coercive measures and can lead to an incorrect determination of subject jurisdiction.

For example, if a murder of a person was committed, it is impossible to indicate in the resolution that it was committed with particular cruelty until evidence of this is found. For murder without a qualifying element and in the presence of aggravating circumstances, the Criminal Code of the Russian Federation imposes completely different sanctions.

The second stage of conducting a criminal investigation is the prosecutor's verification of the collected case materials. This official has the authority to cancel or reopen already closed cases if there are grounds. Limiting the period for cancellation or renewal of a decision by the prosecutor ensures the stability of the preliminary investigation and legal proceedings.

During the verification process, the prosecutor is obliged to check the jurisdiction of the received case.

According to the Code of Criminal Procedure, there are three types of jurisdiction:

• subject;
• territorial;
• personal.

Subject jurisdiction consists in determining the department that initiates proceedings depending on the qualification of the crime. For example, cases related to drugs are handled by the State Drug Control Service, international espionage by the FSB, etc.

Territorial jurisdiction determines which body can initiate cases in the territory designated as a crime scene. If the location of, for example, a murder has not been established, then a case is opened at the place where the corpse was found. Sometimes there are situations where several violations of the law have been committed. In such a case, the case is initiated at the place where most of the atrocities or the most serious of the totality were committed. Territorial affiliation is not absolute, so it can be adjusted depending on the progress of the investigation.

Personal jurisdiction is determined when the interests of special subjects - judges, lawyers and deputies - are affected. Regarding them, the case is initiated according to a special model.

On the day the prosecutor makes a decision, the victims are notified, and the suspect is charged. It is at this moment that the procedural status of the subject of production changes. He moves from the “suspect” to the “accused” category.

What are private prosecution cases?

The private prosecution procedure is applied to only three types of criminal acts that do not pose a wide public danger:

1. Part 1 of Article 115 of the Criminal Code of the Russian Federation (minor harm to health).
2. Article 116.1 of the Criminal Code of the Russian Federation (battery by a citizen who was previously held accountable for a similar offense under the Code of Administrative Offenses of the Russian Federation during the year).
3. Part 1 of Article 128.1 of the Criminal Code of the Russian Federation (dissemination of knowingly false information, that is, slander).

Private criminal prosecution is carried out by the victim, that is, a person who has suffered property, physical or moral harm. Battery is not directly related to property damage, and slander is not directly related to physical damage. However, minor health damage may be accompanied, for example, by torn clothing. As a result of slander, a person’s health may suddenly deteriorate (heart attack or stroke).

A private prosecutor must know the person he is accusing. If the offender is unknown to the victim, the latter should file a complaint with the police.

In cases where the victim is in a helpless (dependent) state (pregnancy, young age), the prosecutor or an employee of the guardianship and trusteeship department of the local municipality can act as an accuser. A classic example is the infliction of physical harm on a minor by his parent. The legal representative of the child’s interests himself violates his rights. In this situation, government bodies are allowed to use the powers of protection.

The Criminal Procedure Code of the Russian Federation stipulates that proceedings based on private prosecution materials can be terminated after reconciliation of the parties. Reconciliation can be achieved before the judge retires to the deliberation room. The permissible limit for the period of reconciliation in the appellate instance is also removal for the decision. The court must notify the victim and the harm-cauter about the admissibility of reconciliation.

If the parties decide to reconcile, the judge does not have the right to refuse them this decision. An exception may be cases when one - a minor victim - does not agree with the opinion of his representative under the law on reconciliation.

Situations often arise when acts containing signs of crimes are intertwined in the same event, the prosecution of which is carried out privately and publicly.

During a quarrel in the yard, A. broke the outside rear-view mirror of a Nissan car, causing B. significant damage in the amount of 7,350 rubles. This act is provided for in Part 1 of Article 167 of the Criminal Code of the Russian Federation (intentional damage to someone else’s property). In response, B. hit A. on the knee with his booted foot. A. recorded the beatings in accordance with Part 1 of Article 116 of the Criminal Code of the Russian Federation.

The investigator found out the circumstances of the crime of damaging someone else's property, and A.'s statement about beating him was sent to the magistrate of the court district for trial on a private charge.

Terminology

What is criminal prosecution? This concept is enshrined in the content of the Criminal Procedure Code (Article 55).

The above-mentioned normative act states that criminal prosecution is a procedural type of activity that can be carried out exclusively by the prosecution, within the framework permitted by law, and also only for compelling reasons.

It is important to note that the legislator presents prosecution not only as an activity, but also as a function characteristic of procedural activity. Let's talk further about these concepts in more detail.

How is a private prosecution case initiated?

Consideration of private criminal cases falls within the powers of the magistrate. The victim or his legal representative personally applies to the court with a statement accusing a specific person of committing a criminal act and applying corrective measures to him. The composition of the unlawful act is determined by the victim himself.

The application is drawn up according to a specific plan and contains information:

1. Name and address of the court site.
2. Brief description of the criminal event (place, time, circumstances).
3. Please open a case.
4. Information about the victim (last name, first name, patronymic in full, passport details).
5. Known details of the accused person (full name required).
6. List of witnesses (full name, addresses, contact numbers).
7. Date, signature.

The application is accompanied by its copies, the number of which corresponds to the number of persons held accountable.

When considering a private prosecution case, the prosecutor defends the rights of the victim. The entry of a public prosecutor into the case does not deprive the parties of the opportunity to reconcile. The prosecutor, if necessary, draws the attention of the magistrate and the victim to the facts when reconciliation is concluded under pressure from the defense.

If the victim does not agree to reconcile, a court hearing is scheduled to consider the case. The magistrate, within a period not exceeding 7 days from the date of registration of the application, calls the citizen in respect of whom the application was filed to familiarize himself with the materials. The accused is given a copy of the statement, his rights are explained, and he is asked to invite defense witnesses to the court.

The fact that the accusation is brought forward and supported not by law enforcement officials, but by the victim himself, does not mean that this activity is not ensured by government measures. The state guarantees unimpeded access for the victim to the consideration of the criminal case.

Consideration of private prosecution materials is similar to the resolution of a dispute between the plaintiff and defendant in a civil trial. However, in criminal law, the actual punishment is given to the culprit.

If aggravating features are discovered in the commission of an unlawful act, the case will become public. For example, if the harm to the victim’s health was caused by racial hostility (Nazism), then a new charge will be supported by a member of the prosecutor’s office.

The procedure established by part 2 of Art. 20 of the Code of Criminal Procedure of the Russian Federation is used quite rarely in modern legal practice.

Who has the right to carry out this activity

Speaking about the types and subjects of criminal prosecution, it should be noted that procedural legislation determines the exact circle of persons who have the right to carry out this activity. In the Russian Federation these are:

• investigative authorities;
• bodies of inquiry;
• prosecutor.

As for the bodies conducting inquiry and investigation, the list of their competencies includes such functions as ensuring prosecution, such as collecting incriminating evidence, as well as applying coercive measures against a suspect or obviously guilty person, which subsequently makes it possible to apply a proportionate punishment against him.

Speaking about public prosecutors, represented by prosecutors, it is worth highlighting that their main task is to accurately substantiate the guilt of a person during the trial on the merits of the case

It is important to note that the court’s conviction can occur on the basis of not only incriminating, but also exculpatory evidence.

What does private-public harassment mean?

Cases that affect the honor and dignity of victims are considered in a private-public manner. The victim does not want to make such episodes public, but at the same time wants to punish the culprit. The state prosecution in cases of this category is supported by an employee of the prosecutor's office, so victims have the right to refuse to attend the court hearing.

Private-public prosecution begins with a statement from the victim, but the accusation is brought on behalf of the state.

The category of private-public prosecution cases includes:

• violation of sexual integrity without aggravating features (Articles 131, 132);
• invasion of someone else's personal life: disclosure of secrets of correspondence, conversations of any kind (Articles 136, 138);
• failure to respect the inviolability of housing (Article 139);
• copyright infringement (Articles 146, 147);
• misappropriation and embezzlement (Articles 160, 161);
• all types of fraud (Article 159).

The group of fraudulent actions includes episodes in which citizens who are individual entrepreneurs participate. In the process of fraud, property intended for making profit in the process of business activity is used. Crimes falling under Art. 159 of the Criminal Code of the Russian Federation and those committed by members of the executive bodies of commercial associations are also considered in a private-public manner.

Unlike a private type of prosecution, the agreement between the victim and the accused on reconciliation (as well as his non-conviction) does not influence the court’s decision. The exception is for acts of minor or moderate gravity, for which the culprit fully compensates for the damage caused.

What is the difference between public (general) order?

The most common method of prosecution and consideration of a criminal case is the public method. The trial is open to all categories of participants.

The distinctive features of public policy are as follows:

1. The investigation and prosecution in court is carried out by officials (inquirer, investigator, prosecutor).
2. The charge is brought on behalf of the state.
3. Legal entities (organizations) and individuals (citizens) are obliged to comply with the requirements of law enforcement agencies (respond to requests, give testimony). The Criminal Code of the Russian Federation provides for liability for refusal to testify.
4. There is no need for a personal statement from the victim to begin an investigation.
5. Impossibility of terminating criminal proceedings after reconciliation of the parties.

The reason for starting an investigation into an episode of a crime, along with the victim’s appeal, are other messages about the fact of the act (for example, a report from an official or even a confession).

The statement of a criminal fact, which is the reason for starting a criminal case, must contain specific information about the preparation or commission of a crime. At the same time, the public policy of prosecution does not require that the applicant request that the perpetrator be brought to criminal responsibility.

If the facts of the commission of an unlawful act specified in the report are confirmed during the preliminary check, the investigator (inquiry officer) decides to initiate a criminal case.

The main differences between the concepts

The difference between criminal prosecution and criminal case must be understood, because these are different concepts. They have some things in common that cause people to confuse the terms. However, the difference is impressive and relates directly to the progress of the matter.

Important! Termination of a criminal case implies the complete closure of the criminal investigation department. This means that the investigation is not ongoing and the materials are not submitted to the court to continue the process.

This happens if there are grounds for which the classification is used: rehabilitating and non-rehabilitating. In the first case, a person is no longer suspected or accused because his innocence has been proven. In the second case, it is recognized that the citizen committed an offense, but he is exempt from the consequences of criminal liability.

The end of criminal prosecution is the cessation of the part of the proceedings relating to a particular citizen. However, this does not mean at all that the UD will also be closed. Let’s say that there may be situations where there are several criminals, and only one of them was cleared of charges, or the death of the suspect or accused occurred. As a result, they no longer have the right to persecute a specific citizen, but the criminal investigation can continue.

If the criminal case is terminated, then the prosecution ends. In this case, legal proceedings regarding all participants in the offense end. Naturally, this happens only for legislative reasons. This is where the above concepts differ.

We can come to the conclusion that they have the right to terminate a criminal case and prosecution only if there are grounds. Moreover, these terms are related to each other and have similarities, but they should be distinguished according to the criteria described above.

Stages and participants of public persecution

Conducting public affairs includes two stages:

• pre-trial investigation, consisting of the initiation of a criminal case and preliminary investigation;
• judicial proceedings.

The results of the preliminary investigation, reflected in the indictment document, provide the prosecutor with information about all the details of the crime and evidence of the involvement of the person involved in the committed act.

The main subjects of prosecution are: the state prosecutor (prosecutor), the defendant and his lawyer, and the judge. The law grants the right to participate in court proceedings to all interested parties (victims of crime and their representatives).

Victims are also entitled to:

1. to the accused.
2. Provide additional evidence of the defendant’s involvement in the unlawful episode.
3. Challenge a judge, prosecutor or jurors.
4. Submit any petition.
5. Take part in court debates.

All participants in the process can appeal the judge's verdict (decision). The law allows a period of ten days for appeal.

For each stage of prosecution, the legislator stipulates its own deadlines. The pre-trial investigation should not take more than two months. At the end of this period, the collected materials are transferred to the prosecutor, or the citizen is found not guilty of committing the illegal episode accused of him. The prosecutor has a control period of five days to return the case for revision or to send it for consideration by the court.

If the accused is found to be involved in a criminal episode, punishment will be imposed and executed. The pursuit procedure ends. The total time of persecution directly depends on the duration of the process.