How to recall a letter from the prosecutor's office

Often, after disputes, citizens, in a fit of emotion, turn to government services for protection, which they later very much regret. And they are faced with a very difficult task - to withdraw the submitted application and relieve the accused of all possible liability.

Such an operation is generally possible. But it is very difficult to implement, since it is accompanied by a number of features and nuances, each of which must be taken into account. In this article we will tell you whether it is possible to withdraw a statement from the prosecutor’s office and what difficulties such an action is associated with.

How to write to the prosecutor's office - sample letter/complaint to the prosecutor

You cannot withdraw a complaint filed with the prosecutor's office. Neither legislation nor departmental regulatory documents regulating the procedure for considering citizens' appeals in the prosecutor's office provide for this.

If the issue for which you contacted the prosecutor’s office has already been resolved (for example, your labor rights have been restored or payments due to you have been made, etc.), you need to write a statement stating that your issue has been resolved in such and such a way and you no longer have any complaints about that. You can send your application by mail, or even better, find out in the office who is reviewing your previously submitted application and approach this employee with the appropriate application.

Best regards, Good afternoon. I was interested in your answer: “You cannot withdraw a complaint filed with the prosecutor’s office.

How to stop checking?

In order to withdraw the application to the prosecutor's office, having stopped the inspection, you need to write another application. Doing this is quite problematic, since there is no uniform form for writing such statements. In general, it will consist of three parts:

Title. It will need to include information about the department of the prosecutor's office considering the initial complaint, information about the head of this department (title, full name), information about the applicant (full name, registration address, contacts);
Information part . It will need to clearly indicate which case you want to withdraw and on what grounds. Be sure to clarify whether there was a reconciliation of the parties, where the grounds for termination of the case came from, etc.;
Conclusion. Contains a list of documents that will be attached to the application, the applicant’s signature with a transcript and the date of submission of the application to terminate the case to the prosecutor’s office.

Info

The completed appeal itself must be transferred as soon as possible to the department of the prosecutor’s office that received the initial complaint. This can be done in person, with the help of a trusted person, or by registered mail.

How to withdraw a complaint from the prosecutor's office sample

The victim has the right to have a representative, who can be not only lawyers, but also other persons capable of providing qualified legal assistance. Their powers are confirmed by a power of attorney or a statement from the victim in court. In cases where the victim is a minor or a person who, due to his physical or mental condition, is deprived of the opportunity to independently defend his rights and legitimate interests, their legal representatives are involved in mandatory participation in the criminal case, which can be parents, close relatives, guardians, trustees, guardianship and trusteeship authorities. The victim has the right: - to get acquainted with all the materials of the case from the moment the preliminary investigation is completed and to make copies of them to any extent.

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Is it possible to withdraw a statement from the prosecutor's office?
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How to write to the prosecutor's office - sample letter/complaint to the prosecutor
How to withdraw a complaint from the prosecutor's office sample

Is it possible to withdraw a statement from the prosecutor's office? Attention Contents:

Real help
Sample complaint to the prosecutor's office
Application to the prosecutor's office against the employer
How to withdraw a complaint from the prosecutor's office sample
How to withdraw an application from the prosecutor's office
How to submit a complaint to the prosecutor's office (sample)?
Is it possible to withdraw a complaint from the prosecutor's office?
Sample complaint to the prosecutor's office about the inaction of the prosecutor's office

Real help By the decision of the Timiryazevsky District Court of Moscow dated December 30, 1998, the claim of Segina E.G. was rejected.

Is it possible to withdraw an official letter from the administration sent to the prosecutor’s office?

I consider this decision illegal and unfounded for the following reasons:

The debtor Kuznetsov A.P. is officially employed and has a permanent source of income.
Kuznetsov A.P. owns a VAZ-2107 car (registration plate A 222 AB 77 RUS).

Good day to you)) Please tell me how to withdraw your application, is there any form, or can it be done in free form? Due to the fact that the unreasonably seized property was returned. No complaints.

There is no established form for such a statement. The concept of “withdraw an application” is not provided for by law. therefore, if the issues raised in the initial application have already been resolved, then write in the next application: “Due to the fact that the issues raised in the application dated __ 200__ have been resolved, I ask you not to consider the application.”

What will be the consequences

Don't think that withdrawing your application will be easy. A citizen must have compelling facts that he did not contact the police with the aim of slandering a person.

Since deception in relation to law enforcement agencies is punishable , there is a possibility that a statement written rashly or thoughtlessly can bring its author under the article “slander”.

Of course, no one would want such consequences. Therefore, before you contact the authorities to punish the offender, you need to be completely sure that you are right.

What liability is provided for assault under the Criminal Code of the Russian Federation? And other nuances that will help you better understand the provided punishments:

Classification of beatings.
What is mild battery and what is the liability for it?
What is moderate battery and responsibility for it.
And the most severe punishment will be for causing grievous bodily harm.

Also, in what case will the liability be administrative (according to the Code of Administrative Offenses of the Russian Federation) and when will only a fine be imposed as a punishment?

Price: 1,000 rub.

Thanks, I'll do that.

Igor Anatolyevich! How would you, working in the authorities, begin to “not consider the application” if it has already been registered? Even if the applicant requests it. No minutes here. checks and refuseniks are indispensable. :)))

Roman, decipher this strange phrase: There are no mines here. checks and refuseniks are indispensable. ))) what needs to be done?

To be honest, I wrote this for I.A. As a former organ worker, he knows this procedure very well. Probably, in the bustle of today, I confused something. It’s just that if your application has already been registered, then the executor cannot fail to consider it, even if you ask him to do so. Obviously, if you wrote to the prosecutor’s office, then you were talking about the possible commission of an unlawful act (administrative or criminal). The executor (and this may end up being a simple district police officer) must be found, take away from you an explanation that there are no more problems and, on the basis of this, refuse to initiate a criminal or administrative case. This act ends the proceedings on your application. So sit and wait until the performer finds you and don’t bother too much.

Well, we'll wait. Thanks for the detailed answer! Good luck!

Possibility to withdraw a statement filed with the police

A citizen contacts the police department about a crime committed. He submits an application. This document must be registered specifically as a statement of crime. Registration of an incident is not acceptable here, because in this case a different procedure for resolving a controversial situation is provided.

Next, law enforcement officers make a decision in one of the options provided for by law (Article 145 of the Code of Criminal Procedure of the Russian Federation).

A criminal case is being initiated.
The refusal to initiate criminal proceedings is justified.
The message is transmitted according to jurisdiction.
If this criminal case is in the form of a private prosecution, it is planned to go to court.

But first, the time frame for considering this case is determined. Usually 3 days are allotted, but the period can be extended by 10 days. There may be an exceptional need for special investigative actions:

audits;
documentary checks of the veracity of the information provided;
requesting documents;
examination of corpses;
studying items that constitute physical evidence.

Then the decision will be made within 30 days.

But the law does not say in what situations the application can be returned. The investigation is ongoing, law enforcement officers are spending time explaining the situation, and it is unlikely that they will agree to return the application to the person who wrote and registered it. Here the very reason for writing the application or the intention to withdraw it loses relevance.

But it is still possible to stop an inspection based on a submitted application if you act correctly and know the laws. To do this, you need to engage a knowledgeable lawyer, or better yet, a competent attorney.

In what cases can a criminal case be terminated in the form of a private prosecution?

There is such a category as “cases in the form of private prosecution.” Proceedings in such cases may be terminated:

during the period of inspections;
during legal proceedings;
at the moment the judges retire to the deliberation room, but before the verdict is pronounced.

What criminal cases can be classified as private prosecution?

Minor harm to health was caused, and intentionally . As a result, the applicant noted:

or short-term health problems;
or loss of general ability to work, although insignificant, but persistent (Part 1 of Article 115 of the Criminal Code of the Russian Federation).

Causing harm was expressed in beatings, and other types of violent actions could be noted. This led to the manifestation of physical pain, but without the consequences that are indicated in Art. 115 of the Criminal Code of the Russian Federation (without causing even minor harm to health).
Slander can become an opportunity to discredit the honor and dignity of a citizen (Article 128.1 of the Criminal Code of the Russian Federation). At the moment, this article has again returned to the Criminal Code of the Russian Federation, although it does not provide for the arrest of the guilty citizen or the deprivation of his freedom after the final verdict. The maximum penalties that can be imposed are a fine or compulsory labor.

The full list of criminal cases in the form of private prosecution is indicated in Part 2 of Art. 20 Code of Criminal Procedure of the Russian Federation. The list is exhaustive, that is, it is unacceptable to add any other items to it at anyone’s discretion. If the person who suffered harm withdrew the statement before the court rendered a verdict, then a decision against the guilty citizen cannot be made:

nor by police officers;
nor by employees of the prosecutor's office;
not a judge.

That is, it is impossible to initiate a criminal case and bring the perpetrator to justice without such a statement. In such cases, the applicant plays two roles simultaneously: he becomes the victim and the accuser.

A different situation may arise. There is a statement. However, during criminal proceedings, a new application is received regarding the termination of further prosecution of the offender who has become a participant in this criminal case. Then employees of state bodies maintaining law and order and the rule of law are obliged to satisfy this written request.

Thanks to this particular provision of the law, people began to think that a statement filed with the police could simply be withdrawn.

In what situations should private accusations be transformed into public ones?

If we consider Part 4 of Article 20 of the Code of Criminal Procedure of the Russian Federation, it becomes clear that a petty crime cannot always be “hushed up.” A criminal investigation may be initiated even in the absence of a complaint filed:

the injured person;
his representative (usually a relative or the lawyer involved).

But to do this, it must be established with indisputable certainty that the victim was not able to defend himself legally. That is, he did not negotiate with the criminal regarding compensation and did not forgive him.

The victim was in a helpless state.
A person is dependent either on some circumstances, and therefore cannot file a complaint against the offender, or against the offender himself.
A citizen cannot submit an application for other reasons. His legitimate interests and rights remain unprotected. For example, information about the subject who committed the crime is unknown to him. The person cannot indicate in the statement who exactly attacked him.

In part 2 art. 20 of the Code of Criminal Procedure of the Russian Federation clearly states that law enforcement officers must have a statement from the victim in order to initiate a criminal case in a similar format. Therefore, those responsible for maintaining law and order, but who do not want to engage in unpromising matters, strive to “adjust” any circumstances to this provision of the law. That is, the principle applies: if there is a statement, an investigation will be carried out, and if there is no statement, then there is no crime. And then all that remains is the corpus delicti, which is indicated in Part 1 of Art. 116 of the Criminal Code of the Russian Federation.

In court, consideration of such a case may be terminated. The judge will not be able to pass a sentence. After all, you need to decide whether the person was really beaten and injured, or whether he is satisfied with his bruises and has no desire or reason to make claims. Then such a circumstance looks like a rough trial between two persons, which has signs of hooliganism, on everyday (religious, political, national) grounds.

Here, usually both participants are victims. Some to a greater extent, some to a lesser extent. In addition, only those who have previously been subject to administrative punishment for hooliganism are punished criminally for such an offense. So the subsequent court decision may turn out to be unfavorable for either the investigator or the prosecutor.

Here's another circumstance. The identity of the person who actually committed the robbery was established only two weeks after the crime was committed. In this case, the date of filing the application and the deadline for attaching the document to the materials of the criminal case are not essential points. In such cases, the requirement is taken into account, as indicated in Part 4 of Art. 20 of the Code of Criminal Procedure of the Russian Federation, which mentions “other reasons” influencing the course of the criminal investigation.

And the investigator should not neglect this circumstance. Otherwise, all that remains from robbery is the crime provided for in Part 1 of Art. 116 of the Criminal Code of the Russian Federation, and from extortion - Part 1 of Art. 115 of the Criminal Code of the Russian Federation. Here, the lawyer involved can, without much effort, predict the final outcome of the trial quite accurately.

Sample application for withdrawal of appeal to the prosecutor's office

Each case is unique and individual.
A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

Below is a list of documents and materials attached to the application (or copies thereof), if any;
At the end - the signature of the applicant and the date the document was drawn up.

Code of Administrative Offenses of the Russian Federation) However, despite the concluded agreement, the educational center did not provide the service under the agreement. Employees of a government agency have the right to return your application or appeal if the text is illegible. If your personal information or your residential address is written illegibly, the prosecutor’s office employees reserve the right not to respond to your request and not to return your application or complaint to you. Judicial representation Moscow from 30,000 rubles. Next, the circumstances of the violation of rights are sequentially stated, indicating the place, date or period. Write that your employer paid you the full amount that he owed, and you no longer have any claims against him.

Is it possible to withdraw a statement from the prosecutor's office?

In fact, it is impossible to withdraw a statement from the prosecutor's office. This is due to the fact that any request is immediately processed and a case is opened on it. So, you can only pick up the submitted papers if you have just handed them over and they have not yet reached the authorized employee. It is impossible to withdraw a complaint from the prosecutor’s office if proceedings have already begun.

Counterclaim for libel.

It often happens that after the application has already been filed, the applicant begins to be accused of libel. However, in most cases such statements will be justified. In this case, in addition to reconciliation with the party, the application to terminate the case will need to indicate the reason for reporting incorrect information: misrepresentation, error in available information, and so on;

Is it possible to pick it up from the police?

Citizens' statements about illegal acts are subject to strict accounting and are registered in the Crime Registration Book. And the victim is given a ticket with a number and date. Law enforcement cannot unilaterally cancel an application, even with the consent of the victim. This violates the Instruction of the Ministry of Internal Affairs of the Russian Federation dated No. 736.

The victim also does not have the right to withdraw a registered complaint, since it must be verified and a decision must be made to refuse or initiate proceedings.

However, in some cases it is still possible to withdraw an application:

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there was no crime. For example, after the guests left, the owner could not find an expensive item, thought that it had been stolen, wrote a statement, but then found it. He may submit appropriate explanations with a request not to initiate a criminal case;
The parties have reconciled and have no claims against each other. It is not possible to terminate the case in every case. If a serious crime has been committed or a minor has been injured, the case will not be closed. But when the guilty person has fully compensated for the damage and made amends, the case is dropped;
low significance of the crime or absence of an article - if items of little material value were stolen.

On the withdrawal of an application to the prosecutor's office

When supervising the implementation of laws, the prosecutor's office does not replace other government bodies.

The reasons for initiating a case of an administrative offense are:

The citizen's application is the basis for the prosecutor's office to verify the fact of violation of the law. How to write a police report against a lawyer for fraud? The law on the prosecutor’s office does not provide for such a basis for terminating an inspection as withdrawal of an application (complaint). 2) voluntary cessation of unlawful behavior by a person who has committed an administrative offense; A citizen filed a complaint with the prosecutor’s office because the employer did not pay the employee wages. The prosecutor's office requested documents from the LLC, and a prosecutor's investigation began. The dispute between the citizen and the LLC has been resolved, the citizen is ready to withdraw his application.

How to write an application to withdraw an application from the prosecutor's office

As proof, attach a pay slip and a document from the bank confirming the receipt of money into the account. 4 If you filed a statement about the theft of your property, but later decided that you do not want to send the robber to prison, then you can no longer pick up the document, but you can file a motion to dismiss the criminal case.

Is it possible to dismiss a criminal or civil case if your application is already in the prosecutor's office?

It is impossible to withdraw a complaint from the prosecutor’s office if proceedings have already begun. Info But this does not mean that your complaint must necessarily enter into proceedings and lead to the final result.

If it is possible to settle the matter peacefully, it is better not to bring it to court. Next, move on to the next step of the recommendation. Step - 2 If the application has already been taken into account, but you do not want to initiate a case, then come to the prosecutor's office and write another application to terminate the proceedings.

Application for withdrawal of application from the prosecutor's office

In the latter case, a protocol is drawn up indicating all the personal data of the applicant. The document is confirmed by his signature. This is the main key to success. Therefore it is better to use

And a sample application to the prosecutor's office will contribute to this. Functions of the government agency The Prosecutor's Office is responsible for protecting the rights and interests of citizens in accordance with the legislation of the country.

A statement was written to the prosecutor's office against Obshcheobraz. school is that money was paid, but the child is not fed, plus they also demand money for the trail. month. This was all done out of nerves; the applicant regretted his decision. The Sanitary Inspectorate came to check the school. How to correct the situation so that the checks stop. How to terminate the case? 04 October 2021, 18:05, question No. 1770248 Sofia, These two documents are completely different in terms of their writing.

If, in the opinion of the prosecutor, there are all grounds to initiate a criminal case, then any statement may be followed by such a reaction (). Most often, they highlight problems related to the actions or inaction of officials, employers and other officials in situations such as: Non-payment or late payment of wages; Inaction or abuse of power on the part of investigators, interrogators, bailiffs, etc.; Today, you can appeal virtually everything: a court decision. Sample application on how to pick up a work book Here is a sample. Correspondence regarding an unclaimed work record book upon dismissal is required. A statement is an official document, it is taken into account as a report of a crime, and a criminal or civil case is initiated on it, which will not be easy to stop. Step - 3 In the counter statement, prove that there is no element or event of a crime, otherwise you may be charged with false accusation or denunciation under Article 306 of the Criminal Code of the Russian Federation.

Consequences

If the application was submitted with the aim of discrediting another citizen or slandering him, there is a risk that the investigator will initiate a criminal case against the applicant under Art. 306 of the Criminal Code of the Russian Federation “Knowingly false denunciation.” Depending on the circumstances set out in the application, as well as the article under which the charge was brought, the court may impose punishment not only in the form of a fine, but also imprisonment for up to 2 years.

Also, based on a refused application, a criminal case may be initiated under Art. 128 of the Criminal Code of the Russian Federation “Slander”. Punishment may be imposed in the form of a fine or correctional labor.