Termination of criminal proceedings and criminal prosecution

Criminal proceedings last until one of the results described in the legislation. Most often it ends in a court verdict. But there are situations when the criminal case under consideration is terminated (in a special manner). The reasons for making such a decision are described in Article 27 of the Criminal Procedure Code of the Russian Federation. They are numerous.

Thus, the investigator can complete the investigation against the accused if it turns out that there are no grounds. Some decisions are made by judges. Each situation is specifically defined in law. Let's take a closer look at them.

What is the difference between dismissal of a criminal case and prosecution

Criminal legislation provides for the possibility of completing not only the case, but also prosecution, for example, by virtue of Article 27 of the Code of Criminal Procedure of the Russian Federation. Quite often these terms are identified, but you need to understand that their content is different.

According to paragraph 55 of Article 5 of the Code of Criminal Procedure of the Russian Federation, prosecution is a procedural action used by the prosecution in order to incriminate the suspect. Thus, the termination of criminal prosecution is not a reason to end the case. This is appropriate in cases of active repentance or the death of one of the participants in the crime.

The concept of a criminal case lies on a slightly different plane. In fact, a criminal case is one of the forms of investigation, within the framework of which a number of prosecutions are carried out. The completion of one of them does not entail the completion of the entire matter. Thus, the termination of a criminal case and criminal prosecution occurs simultaneously, but not vice versa, with rare exceptions. For example, according to Article 27 of the Code of Criminal Procedure, a case can be closed as a result of the completion of the prosecution against all suspects, except in cases where the suspects or accused are not involved in the commission of a crime.

The conclusion of the preliminary investigation by terminating the case and/or prosecution is of great importance for criminal proceedings. On the one hand, it turns out to protect the innocent from groundless prosecution, and on the other hand, it allows for the possibility of simplifying the administration of justice in relation to subjects justifiably subjected to criminal prosecution.

The conclusion on the need to dismiss the case must meet a number of requirements. The main ones include legality and validity.

The conclusion about the need to dismiss the case is not controlled by the judiciary. Thus, all responsibility falls on the official. If the interested person thinks that the grounds for terminating the criminal case are not strong enough, then he has the right to appeal this decision by contacting both the prosecutor and the court.

The defense achieved the dismissal of the criminal case, taking advantage of a gross mistake in the investigation

On February 26, the Borisovsky District Court of the Belgorod Region issued a resolution (available to “AG”) to terminate the criminal case under Art. 111 of the Criminal Code of the Russian Federation due to gross procedural violations committed by the investigation.

Lawyers of the Belgorod Region Administration Gennady Gaplevsky and Boris Zolotukhin, who defended the defendant, told AG about the defense tactics they chose, which allowed them to use the mistakes of the investigation against him.

The investigation hesitated as to who to bring the case against

On May 26, 2021, in the village of Goryanka, Borisov district, Belgorod region, a fight occurred between village resident Pavel Yakimov and an unknown person, as a result of which Yakimov suffered a fracture of his right tibia and other injuries. The injuries he received caused a pulmonary embolism, as a result of which he died in hospital two weeks after the incident.

On July 13, law enforcement agencies opened a criminal case against Sergei Ushakov on the grounds of a crime under Part 1 of Art. 111 of the Criminal Code of the Russian Federation. According to investigators, it was he who took part in a fight with Yakimov and deliberately caused him serious harm to his health. Based on the case materials, Ushakov’s colleague Evgeniy Didenko witnessed the fight.

On April 18, 2021, the senior investigator of the Borisov Interdistrict Investigation Department of the Investigative Committee of the Investigative Committee for the Belgorod Region, by his resolution (available from “AG”), terminated the criminal case against Ushakov due to the suspect’s non-involvement in the commission of the crime. At the same time, the investigation into the criminal case continued, but Evgeniy Didenko had already become a suspect.

The very next day Didenko was charged under Part 4 of Art. 111 of the Criminal Code of the Russian Federation. According to investigators, on the day the crime was committed, the accused was near the victim’s house and witnessed his verbal altercation with Sergei Ushakov. According to the investigative body, Pavel Yakimov tried to strike Ushakov with a metal pipe, but he knocked out the weapon and it fell to the ground without causing him any harm. Next, Evgeniy Didenko raised the pipe, since he had a criminal intent to cause grievous harm to Yakimov, whom he struck several times in the evening of the same day, causing injuries that resulted in his death.

However, on July 9, 2021, the head of the investigative agency canceled the decisions of the senior investigator of April 18 and 19, ending the criminal prosecution of Evgeniy Didenko under Part 4 of Art. 111 of the Criminal Code of the Russian Federation (the document is available from “AG”). The resolution stated that the decision to terminate the criminal case against Ushakov was premature, and the decision to continue the criminal prosecution of Didenko was unfounded. A criminal case was again opened against Sergei Ushakov, but on August 14 it was also dismissed for lack of evidence of a crime.

On the same day, the investigation separated into separate proceedings the case materials on the signs of crimes under Part 1 of Art. 105, art. 109, p "z". Part 2 Art. 111, part 4 art. 114, part 1 art. 118 Code of Criminal Procedure of the Russian Federation. Two days later, a criminal case was opened under Art. 109 of the Criminal Code of the Russian Federation, which provides for liability for causing death by negligence (the “AG” has the corresponding resolution).

The case went to court, but it dismissed it due to procedural violations

On November 6, 2021, the criminal case was reclassified as p “z”. Part 2 Art. 111 of the Criminal Code of the Russian Federation, since Pavel Yakimov did not seek medical help from a traumatologist after the attack on him and in the following days, as was recommended to him by doctors when providing emergency care. The victim went to the hospital only 10 days after receiving the injury. “Thus, the actions of an unidentified person do not constitute a crime under Part 1 of Art. 109 of the Criminal Code of the Russian Federation, since there is no direct legal cause-and-effect relationship between the actions of an unidentified person and the death of Pavel Yakimov,” the document noted.

On May 30, 2021, Evgeniy Didenko was again charged. The indictment (available to “AG”) noted that he intentionally caused serious harm to the victim’s health, resulting in a significant permanent loss of at least one-third of his overall ability to work.

The criminal case was received by the Borisovsky District Court of the Belgorod Region. During the trial, the accused did not admit guilt, insisting that the fight occurred between the victim and Ushakov, and he simply stood aside and did not strike the victim.

The defendant's defenders asked the court to acquit him due to the lack of proof of his guilt in causing bodily harm to Yakimov. In addition, they drew the court’s attention to the fact that in the case there is an unrescinded resolution of the head of the Borisov Interdistrict Investigation Department of the Investigative Committee of the Investigative Committee for the Belgorod Region dated July 9, 2021 to terminate the criminal prosecution against Didenko.

After studying the case materials, the court agreed with the defense’s argument that the criminal prosecution of the defendant, the filing of charges against him on May 30, 2021, and the conduct of investigative and procedural actions with him were carried out in the presence of an unreversed decision to terminate the criminal case against him on the same fact.

“This circumstance by virtue of clause 5 of Art. 27, part 1 art. 254 of the Code of Criminal Procedure of the Russian Federation is the basis for termination of criminal proceedings against Evgeniy Didenko. Taking into account the foregoing, the court does not evaluate the evidence examined at the court hearing, presented by the prosecution to confirm the defendant’s guilt in committing a crime and by the defense to confirm his innocence. Based on clause 3, part 2, art. 133 of the Code of Criminal Procedure of the Russian Federation, in connection with the termination of proceedings in the case, Didenko should be recognized as having the right to rehabilitation,” the court ruling noted.

Lawyers spoke about their chosen tactics

In a commentary to AG, lawyer Gennady Gaplevsky said that in April 2021 he became Evgeniy Didenko’s defense attorney as appointed by the investigative body, but after joining the case he entered into an agreement with his client. Subsequently, at the stage of preliminary investigation, Boris Zolotukhin also became involved in the case.

“I am pleased with the termination of the criminal case, it lasted a very long time, my client was under recognizance not to leave the place, and the investigation repeatedly tried to take him into custody,” said Gennady Gaplevsky. – The main mistake of the investigation, in my opinion, is a procedural violation, when first a law enforcement agency makes a decision to terminate the criminal prosecution against a particular citizen, and then a decision to separate the case into separate proceedings with the registration of these materials and continues such prosecution of the same person "

According to the lawyer, the defense did not specifically appeal the fact of the reopening of the criminal case against their client under Art. 125 of the Code of Criminal Procedure of the Russian Federation in the presence of an unrepealed resolution to terminate his criminal prosecution. “With this we intended to stop the criminal case in court, which is what ultimately happened. Despite the fact that the criminal case was terminated, we would like to achieve an acquittal against Evgeniy Didenko, since during the trial, none of the prosecution witnesses confirmed the fact of his involvement in the crime. In addition, in court, the experts did not explain the nature of the injuries caused, and in the criminal case itself there is no evidence indicating the guilt of the defendant. I am very pleased with the fruitful cooperation with Boris Zolotukhin; we have created a wonderful and effective tandem to protect our client,” said Gennady Gaplevsky.

In turn, Boris Zolotukhin noted that the case under consideration clearly illustrates what actions of the investigation should be appealed under Art. 125 of the Code of Criminal Procedure of the Russian Federation, and which ones are not. “First, the defense proved that the victim did not seek medical help in a timely manner, so there are no grounds for criminal prosecution under Part 4 of Art. 111 of the Criminal Code of the Russian Federation. From a medical point of view, the deceased would have survived if he had received quality medical care. We could have appealed the investigator’s decision to resume the criminal prosecution of the client, but we did not do this, since this investigative error was very valuable and did not need to be “highlighted” too early. Currently, the defense is considering the possibility of filing a complaint against the court order to dismiss the case, since our client must be acquitted in court,” he explained.

The lawyer added that in addition to dismissing the criminal case, the judge also issued two private rulings against the prosecutor and the head of the investigative agency. “I assume that these documents refer to the illegal prosecution of Didenko by law enforcement agencies after a decision was made to terminate his criminal prosecution,” emphasized Boris Zolotukhin.

Grounds for termination of criminal prosecution

To pursue a suspect, all legal conditions must be met. And these boil down to the presence of:

fact of crime;
evidence indicating a person’s involvement in the situation;
the victim and his statements.

Article 27 of the Code of Criminal Procedure describes situations in the event of which the started case must be closed. This refers to the ongoing pursuit of a suspect. A decision to close proceedings leads to legal consequences, sometimes of a material nature. Therefore, it is issued only if there are reasons given in Art. 27 Code of Criminal Procedure.

The reasons are:

Determining the fact that a person is not involved in a criminal act (evidence required).
Proof of non-commission of an act in the situation that gave rise to the opening of proceedings.
End of the limitation period.
Death of the suspect. An exception is circumstances requiring protection of the honorable name of the deceased.
The victim did not report the criminal act. The absence of an official complaint does not affect the prosecution of a criminal who committed an act against a defenseless victim.
Failure to provide consent of the State Duma to the criminal prosecution of an official.
Amnesty for a criminal.
The judge's decision to refuse to initiate a case or to terminate it.

Clear grounds are needed to stop ongoing proceedings. In addition, the investigation strictly follows the procedure for terminating a criminal case and criminal prosecution.

This presupposes compliance with all norms described in the current legislation.

In some situations, the criminal case against the guilty person must also be terminated. They are:

Reconciliation between the accused and the victim of the crime. Described in Article 25 of the Code of Criminal Procedure. Applies to suspects who have committed an offense of minor or moderate gravity (Article 76 of the Criminal Code). To apply this basis, the consent of the victim who has received full compensation for damage is required.
Active repentance. This reason for closing the case is described in Article 28 of the Code of Criminal Procedure. Used when a person is accused of a minor crime. Thus, Article 75 of the Criminal Code provides a description of the enforcement of this norm. It applies to people who have stumbled, who have not previously been convicted of criminal charges, who turned themselves in to the police, contributed to solving the case, and fully compensated the victims for the damage.

The decision to terminate proceedings is made only by those bodies that are given such a right. This is a court, a prosecutor, an inquiry. In addition, it is formalized by an act subject to control. That is, in practice, closing a case is a complex process. The procedure requires participation in the decision of several authorities.

Period of limitation: concept, definition

A person can be brought to a certain responsibility for a crime within the limits of the law, but only if the investigation was opened before the end of the period provided for by current legislation.

According to criminal procedural norms, liability is provided regardless of whether a person truly interested in a positive outcome of the case took action or not - it is enough for the investigative authorities to carry out a certain procedure prescribed by law.

After the expiration of the limitation period, punishment cannot be imposed on the guilty person, in addition, the necessary measures provided for by law cannot be taken.

Absence of an event that constitutes a criminal act

This basis is regulated by the first part of Article 24 of the Code of Criminal Procedure of the Russian Federation. The use of this norm in practice is complicated by the fact that the law does not clearly define the concepts of the event of a crime and the composition of a criminal act. These concepts are often identified, but they should be distinguished. This is primarily due to the fact that they are different bases.

A crime event is a category denoting a list of circumstances that characterize the characteristics of the object of a criminal act and the objective side of this act. If there is no criminal event, then any liability is excluded.

In practice, there are various situations when cases are terminated due to the absence of a criminal act. The most common of them include:

the fact that there is no crime. An example of this could be a person’s statements about the loss of some property, but in reality it turned out that he himself moved it to another place and simply forgot about it;
the fact according to which the case was opened occurred, but was a consequence of natural processes. For example, the fact that a warehouse in which material assets were stored caught fire due to a lightning strike excludes the possibility of further criminal proceedings;
the fact for which proceedings were initiated is in a causal relationship with the actions of the injured person and there is no fault of other people. A clear example of this is suicide.

In practice, there are many more such situations. The examples given are the most common.

Lack of crime

When listing the grounds for termination of a criminal case, one cannot fail to mention the lack of corpus delicti, regulated by the second paragraph of the first part of Article 24 of the Criminal Procedure Code of the Russian Federation. This happens when it is established that an action was committed by a specific person, but the action is not a crime. When considering such a basis, the following cases need to be highlighted:

an action dangerous to society that does not entail criminal liability. As a rule, other liability is provided for such acts, for example, administrative. This includes petty hooliganism and theft;
absence of one of the elements of the crime. First of all, we are talking about many crimes committed through negligence;
a criminal case may be closed due to the lack of corpus delicti in cases where an action or inaction contains signs of an act provided for by the Criminal Code of the Russian Federation, but due to its small significance does not pose a public danger.

Criminal cases can be closed due to the lack of corpus delicti in a number of cases provided for in Chapter 8 of the Criminal Code, namely self-defense, causing harm to health and property when detaining a criminal, extreme necessity, etc.

Deadlines

The total period of investigation is 2 months from the date of initiation of the case. This period is given to fully disclose the crime, in particular, to develop an evidence base for the court, to bring in the accused, to carry out investigative actions (interrogation, inspection, search, etc.), to apply coercive measures, to draw up the necessary procedural documents, etc.

This period may be extended for objective reasons or suspended.

Thus, the investigation can be interrupted only after its term has expired in cases where the accused has not been identified, is hiding or his whereabouts are unknown.

If a person does not have an objective opportunity to participate in the investigation or has a serious temporary illness, then the suspension of the criminal case under the Code of Criminal Procedure of the Russian Federation may be until the end of the two-month period.

A break in the statute of limitations for criminal prosecution is provided only when a criminal is declared wanted; in other cases, it continues to run, and upon its expiration the case can be terminated.

What are the terms for suspending a criminal case? This period is calculated until the reasons for the break no longer exist. Then the case will be reopened.

Lapse of time

The limitation periods are specified in the first part of Article 78 of the Criminal Code of the Russian Federation. At the same time, the termination of criminal prosecution and, as a consequence of this case, is regulated by the third paragraph of the first part of Article 24 of the Code of Criminal Procedure of the Russian Federation. According to this norm, a person is released from liability if certain periods have expired since the date of the crime:

2 years for minor crimes;
6 years for crimes of medium gravity;
10 years for serious crimes;
15 years for especially serious criminal acts.

According to Article 94 of the Criminal Code of the Russian Federation, for juvenile offenders the above terms are halved.

The expiration of deadlines is mandatory for officials, regardless of their conclusions and discretion. At the same time, in cases involving persons who have committed a crime punishable by death or life imprisonment, statutes of limitations do not apply during the preliminary investigation. The fact is that this action falls within the competence of the judicial authority. In addition, the Criminal Code of the Russian Federation specifies a number of crimes to which statutes of limitations do not apply. First of all, we are talking about crimes against peace and humanity.

Also read: Which article regulates the type of crime - theft

The limitation period is calculated from the moment the criminal act was committed. Of course, we are talking exclusively about those cases where the investigation either does not know the criminal or the fact that the crime was committed. If the perpetrator of a crime is hiding from justice, then the statute of limitations is not calculated.

According to the second part of Article 27 of the Code of Criminal Procedure of the Russian Federation, the accused has the right to object to the termination of the case due to the expiration of time limits. Such an action obliges the official to conduct proceedings in accordance with the general procedure. Such a provision allows a person who does not admit guilt in the act charged against him to achieve rehabilitation, in essence, to restore his good name.

Rules for drawing up a resolution

As mentioned above, a criminal case can be terminated by issuing an appropriate resolution. This document is drawn up in compliance with a number of specific rules. The act can be issued by the inquiry officer or investigator, and also drawn up in court. The resolution must include the following data:

locality and date of document preparation;
position, rank, surname and initials of the compiler;
the circumstances that served as the reason for initiating proceedings;
references to legal norms;
results of completed activities;
norms of the Code of Criminal Procedure on the basis of which the case and (or) prosecution are terminated.

In addition, the document must contain the procedure for appealing the decision. From the point of view of exemption from liability as a result of the expiration of the statute of limitations, this point is largely irrelevant. The exception is cases where the deadline was not stopped, although there were good reasons for this. Thus, by carrying out calculations, it can be determined that the period allotted by law has not yet expired and it is possible to bring the person to justice.

Limitation periods for prosecution in criminal cases

You can appeal such a decision of an official either by contacting the head of the investigation or inquiry, or by filing a corresponding claim in court. The result of a challenge may be a refusal, partial or complete satisfaction. The processing time for an application directly depends on the complexity of the case, but does not exceed ten days from the date of official acceptance.

Death of a suspect

In accordance with the rules of law, cases are terminated on the basis of the death of the suspect without fail. The exception is when further proceedings are necessary to rehabilitate the deceased. In order to issue a decree to terminate a case due to the death of a suspect, the official must obtain a corresponding certificate from the civil registry office. Of course, the case can also be terminated if death is confirmed by a court decision.

Termination of the case against the deceased is possible only in a situation where this is the only basis for making such a decision. If it is not possible to prove that it was the deceased who committed the crime, then the case is terminated on the basis that gives the right to rehabilitation.

If a criminal act was committed by a group of people, then the criminal prosecution procedure against the deceased should be stopped. However, the matter does not stop.

Search

This event is aimed at establishing the specific location of the accused or suspect, since without this main figure the trial of the case and the verdict cannot take place.

The search can be initiated during the investigation or immediately with the suspension of the criminal case. Accordingly, this instruction may be contained in a resolution of the same name or a separate one.

In order for the search to be successful, it is necessary to provide the investigating authorities with all the necessary documents about the identity of the accused: a certificate with his data, signs, a fingerprint card, a photo.

These papers are transferred within 3 days along with the decision to put on the wanted list to the authorized unit. At the same time, the investigator must regularly monitor the progress of the case by sending requests to the search structure.

Next, the operational workers find out the location of his probable location, send out directions, and check the pre-trial detention center, temporary detention center, other special reception centers, and morgues for unidentified corpses.

If, after 10 days, no information has been collected, a search case is initiated, in which a local search plan is formed, and versions are put forward.

In cases where local measures do not produce results, the criminal is put on the federal wanted list. The term depends on the severity of the offense. Thus, for particularly serious and serious crimes (terrorism, murder, etc.), members of an organized crime group who escaped from prison are immediately put on the federal wanted list.

At the same time, an interstate search begins (CIS countries).

For crimes of medium and minor gravity, the condition for putting on the federal wanted list is a local search for 3 months.

The international police (Interpol) can get involved if there is information about a person going abroad or about such an intention, or relatives and friends live there.

An accused who has violated a previously chosen preventive measure (for example, a written undertaking not to leave) or who does not have a permanent place of residence in the Russian Federation may be sentenced to detention.

Lack of a statement from the victim and reconciliation of the parties

According to the fifth paragraph of the first part of Article 24 of the Code of Criminal Procedure, a private or private-public prosecution case must be terminated if it was initiated without a statement from the injured party. The exception is cases in which the right to initiate proceedings is granted to officials.

Article 25 of the Code of Criminal Procedure of the Russian Federation states that it is possible to terminate the case if the parties have reached reconciliation. This is possible due to a combination of the following factors:

there was a crime of minor or moderate gravity;
the person committed a criminal act for the first time;
the existence of a fact of reconciliation and a corresponding statement from the victim;
making amends for the harm caused, expressed in any form;
the presence of consent from the investigative or inquiry authorities, in particular the official in charge of the case;
absence of objections on the part of the accused.

At the same time, according to the second part of Article 20 of the Code of Criminal Procedure of the Russian Federation, no additional conditions are required to terminate the case for reconciliation of the parties. Of course, we are talking about private prosecution cases.

Separately, it is necessary to mention such a basis for termination of the case as active repentance. This possibility is regulated by Article 28 of the Code of Criminal Procedure. Termination of the case is possible if the crime was committed for the first time and is of minor or moderate severity. It should be noted that the practice of terminating criminal cases for all of the above reasons is quite extensive. Human rights activists believe that from the point of view of their activities, this is a good sign.

Briefly by stages

Any business begins with excitement. The Code of Criminal Procedure of the Russian Federation strictly defines all the reasons and grounds for this. The first ones include a statement, confession, report, etc.
Investigation. There are two forms: preliminary investigation and inquiry. They differ according to the categories of cases. The law clearly states which of them should be investigated (intentional infliction of moderate/minor harm to health, grave - by negligence, beatings, etc.), for all others there is always an investigation. Since 2013, the inquiry can also be in a shortened form. At this stage, “secret” operational measures are carried out (infiltration, making inquiries, purchasing, surveillance, wiretapping, etc.), if they were not carried out before the initiation of the case.
Bringing the accused.
Carrying out “public” actions: inspection, investigative experiment, examination, search, confrontation, interrogation, etc.
At this stage, after taking all permissible measures, it is possible to suspend and terminate the criminal case on the grounds that will be discussed below.
Drawing up an indictment or report (if an investigation is underway), sending it to the prosecutor.
Prosecutor's approval/return, transfer of case to court.
Judicial proceedings (preliminary hearing, trial, sentencing). At this stage it is also possible to suspend or terminate the case.
Execution of the sentence.

Termination of criminal prosecution due to active repentance

According to Art. 28 of the Code of Criminal Procedure of the Russian Federation, criminal prosecution may be terminated against a person suspected or accused of committing crimes of minor or medium gravity in cases provided for in Art. 75 of the Criminal Code of the Russian Federation:

the person committed a crime for the first time;
confessed voluntarily;
contributed to the solution of the crime;
compensated for the damage or otherwise made amends for the harm caused by the crime.

Before termination of criminal prosecution, the person must be explained the grounds for its termination and the right to object to the termination of criminal prosecution.

Since other grounds for termination of a criminal case and criminal prosecution are much less common in practice, we will not consider them.

However, please note that in accordance with Art. 28.1 of the Code of Criminal Procedure of the Russian Federation in cases of crimes in the field of economic activity, a criminal case and criminal prosecution are terminated only in cases where the suspect or accused, before the appointment of a court hearing, compensated for the damage caused as a result of the crime in full (including paid arrears, penalties, fines).

Limitation periods for fraudulent activities

In order to accurately determine whether the victim can seek help from law enforcement agencies to protect legal rights, you should accurately determine the starting point of the limitation period .

The Civil Code of the Russian Federation stipulates that there are several possible options:

The starting point begins from the day when information was received that your rights were violated and by whom it was done. For example, the employer, having collected contributions, disappeared in an unknown direction, the countdown period will begin from the day when you wanted to contact him but were unable to do so. In this case, you realize that you have been deceived.
If the fulfillment of obligations was scheduled for a certain date , then the beginning of the limitation period begins on the next day and can be a maximum of 10 years from the period when such obligations arose. For example, when selling a car to your friend, you agreed that part of the amount would be paid in a few months. The title to the vehicle has been transferred, the documents have all been reissued, the payment deadline has already arrived, but there is no money, that is, it is clearly fraud. The countdown begins from the moment claims are presented to the debtor, unless a payment deadline has been provided. You present demands to the debtor and set a period of 10 days; after this time, if you have not been paid in full, you can go to court.

If the debtor is hiding and the amount of debt is significant, that is, exceeds one million rubles, and there is evidence of criminal intent, then he faces criminal liability in accordance with current legislation.

Reasons for dropping charges

The termination of a criminal case in connection with the reconciliation of the parties is considered such if certain conditions are met by the accused and the victim.

A similar decision can be made to a person who has committed a crime for the first time. And the latter can be either mild or moderate in severity.

Mandatory conditions also include:

A statement from the injured party indicating consent to close the case.
Consent of the prosecutor or investigative department to terminate the case.
The fact of compensation for harm to the victim was recorded. This could be: compensation for material losses, moral damage, transfer of things/valuables that could replace lost ones, etc. In this case, compensation for damage must be carried out in a voluntary form.

If there is no “victim” in the case as such, then termination of the criminal case due to the reconciliation of the parties is unacceptable . It is also unacceptable in the case of a two-object crime, when the main victim is the state (public and state relations).

Also read: What circumstances are subject to proof in a criminal case: types and conditions

The subject of reconciliation cannot be the prosecutor, who represents the interests of the victim, even if the victim died, or the state interests suffered from the actions of the accused.

Another way is to terminate the criminal case due to active repentance . In 2021 the following circumstances are needed:

the crime was committed for the first time, it is of minor or moderate severity;
the accused must confess voluntarily and assist in solving the crime;
The fact of compensation for damage to the victim is mandatory.

Also, investigators, interrogators, prosecutors, and judges must agree with such reasons for terminating a criminal case . Due to repentance, the process can be stopped, both in the pre-trial period and during the trial or appeal hearing.

Articles 24, 27, 28 of the Criminal Procedure Code of the Russian Federation discuss other reasons why a suspect or accused may be found innocent. The grounds for termination of a criminal case can be divided into rehabilitating and non-rehabilitating.

Rehabilitative grounds for termination of a criminal case

The very name of the bases indicates their peculiarity. They enable a person to rehabilitate himself because:

he was initially not involved in the crime;
the crime event itself was considered unconfirmed and imperfect;
there was no crime in the actions committed by the person.

In addition to the right to rehabilitation, the court gives the green light to a recent defendant to claim:

compensation for property damage;
restoration of all rights regarding work, wages, housing, pensions;
taking actions necessary to eliminate all the consequences of moral damage caused to him.

You need to understand that, regardless of whose fault led to the fact that a person was accused of a crime, the state compensates for the harm.

That is, individuals can also be guilty, for example, an investigator, prosecutor, investigator or judge. But none of the listed persons is responsible to the person and does not compensate him for damage.

The following may also qualify for such measures:

defendants who were acquitted;
defendants against whom the state prosecutor has withdrawn charges;
accused/suspects who were found innocent, in accordance with Articles 24 and 27 of the Code of Criminal Procedure;
convicted persons in whose case the court sentence was fully or partially overturned;
people who were forcibly prescribed medication for reasons that were unfounded or illegal.

In other cases, the person does not have the right to rehabilitation.

Non-rehabilitative grounds for termination of a criminal case

Criminal prosecution is terminated against a person if the statute of limitations for the crime has expired, due to the death of the suspect/accused, if the person is included in an amnesty, or if the judge decides to terminate the criminal case. All these are non-rehabilitative grounds.

How is the statute of limitations determined ? The Russian Code of Criminal Procedure states that if a sentence is not carried out after a certain period of time (depending on the severity of the crime), the person is considered innocent.

After two years, a person can be recognized as free from any responsibility if he has committed a crime of minor gravity. If average - after 6 years. 10 and 15 years must pass after the commission of a grave and especially grave crime, respectively.

In non-rehabilitating circumstances, a person is still found guilty, and he must publicly agree with this, but due to the above circumstances, he is not punished with imprisonment.

At the same time, the person who committed the crime is obliged to compensate the victim for damages and respond to a civil claim.

The consequence of such release may also be dismissal from work (or transfer to another less responsible position) if the illegal acts were associated with disciplinary offenses.

Since the accused can be found innocent only with his approval, in the event of the death of the suspect, such consent must be given by the closest relatives.

Thus, the accused always has hope of dismissal of the criminal case . In this case, it is important to take into account all the nuances of the crime and hire an experienced lawyer.

Problems of closing criminal cases with an expired statute of limitations

As was said earlier, the Russian law enforcement system is far from perfect. The fact is that each investigator and interrogator has, at best, 40-50 criminal cases. For objective reasons, he cannot deal with all of them at the same time, so cases of less serious crimes, which are also complicated, gather dust on the shelves. In the best case, once a month the official supplements the case materials with some papers designed to show that the investigation is underway. At the same time, the statute of limitations for cases expires.

Thus, cases of crimes of minimal gravity remain untouched for two years. After which, the official closes them. In modern Russia, several million cases were closed this way.

On the one hand, we can say that shortcomings in the work of the law enforcement structure make the entire system more humane. A person who has committed a minor offense is not liable for hooliganism, causing minor bodily harm, petty theft, etc. On the other hand, this situation gives rise to lawlessness. Having committed a crime once and not been held accountable for it, the subject understands that he can continue to act in a similar spirit, committing more serious offenses.

The issue of termination of criminal cases for this reason is the subject of controversy in legal circles. In addition, many scientific works have been published on this topic. In general, all of the above measures will most likely cause the legislation regarding limitation periods to be changed. For example, the most heated debates arise around particularly serious crimes; many legal practitioners and theorists agree that the statute of limitations for such crimes should be abolished.

How to terminate an ongoing criminal case

Production is always subject to a certain algorithm. The investigator and the prosecutor have no opportunity for creativity. The procedural procedure for the practical termination of a criminal case and criminal prosecution is reduced to the following stages:

Identification during the investigation of the basis for such a decision. It is necessary to take into account that procedural persons are obliged to strictly implement the current legislation and take into account all the provisions of the codes. They must see for themselves the reason why the investigation can be completed before or during the trial.
Confirmation of the identified basis with evidence. Here the work of the investigation is supported by the defense, which provides relevant materials.
Decision-making. If necessary, a judge is involved in the process. The prosecutor always participates in resolving the issue, performing a supervisory function.

In fact, the conditions for terminating the criminal case under investigation are listed in the paragraphs of the Code of Criminal Procedure. The parties to the process try to bring the case to one of the outcomes. The investigation is to prove guilt, the defense is the basis for closing the case. The justice system is built with the goal of achieving justice. The method allows the suspect to avoid:

unjustified persecution;
penalties if appropriate conditions are met.

The main responsibility in this process undoubtedly lies with the bodies of inquiry and investigation.

It is law enforcement officers who work closely with the evidence base. They know the classification of grounds for termination of a criminal case. Law enforcement officers must strictly follow the law, which means taking into account all the circumstances of the crime, including those giving the right to close the case.

In addition, in order to prevent abuses in the field of disclosing criminal acts, there is an institution of supervision. Any decision of the investigator is sent to the prosecutor’s office within 24 hours. A government agency employee is obliged to check the document’s compliance with the norms of current legislation. Among other things, he identifies the grounds for ending the prosecution.

The order is observed in relation to individual episodes of misconduct. Often the criminal is accused of several articles or episodes. If an appropriate basis is identified, the procedural person issues a decision on partial termination of the suspected criminal prosecution. This act allows you not to be held liable for a particular article or episode.

For understanding, let's look at an example. A. was accused of selling drugs on an especially large scale. During the investigation, it turned out that A. invited R. to his home and offered the latter a cigarette with hashish. Subsequently, he persuaded R. to go to a drug dealer to purchase a shipment weighing 200 g. He promised to share the goods.

R.'s testimony was not confirmed. A. claimed that he purchased the lot for personal use and did not intend to share it with a friend. The court decided to partially terminate the prosecution of A. under paragraph 2 of Article 228.1 of the Criminal Code (sale of drugs on an especially large scale). Reason: lack of corpus delicti.

How to obtain information about the statute of limitations in relation to criminal proceedings?

In order to find out the deadline for terminating criminal proceedings, you should :

Find in the Criminal Code the corresponding article that you need, if it has sub-articles, then about the corresponding part of this article.
Study the maximum severe punishment provided for such an act, which can be assigned under this article of criminal law, or the part of this article that you need.
Based on the most severe punishment, determine the severity of the crime committed by you or another person.
Determine the timing of inquiries in criminal cases based on the severity of the criminal act committed. Here you should follow the rules, according to Art. 78 part 1 of the Criminal Code of the Russian Federation.

It should be remembered that the size of the limitation period in relation to criminal proceedings is related to the category of gravity of the criminal act committed.

According to the requirements of official legislation on the territory of the Russian Federation, all adult citizens can be brought to a certain type of responsibility at any time , but only if the investigation itself and the prosecution were carried out before the end of the limitation period determined by the existing law.

In addition, it should be noted that the limitation periods for civil and criminal cases are different.

But in order not to ask such a question, never cross the line of the law , otherwise everything may not end as well as you would like.

Why you need to contact a lawyer

By law, the investigator must investigate the case impartially, objectively and professionally. But in practice everything is completely different.

The investigator needs to submit the criminal case to the court. And what “quality” it will be is the tenth question, because without a lawyer the court will side with the investigator.

Also read: What happens for phone theft, what article regulates the punishment

The courts believe the testimony of the police officers themselves unconditionally. The testimony of these employees is called “operational information”, this is the disguise. It is assumed that “operational information” is objective, and a conviction can be based on it.

The court does not want to believe the testimony of defense witnesses. The court believes that they are biased, they are at one with the defendant, etc.

Witnesses? Investigators have “regular” witnesses at the ready who will sign and confirm anything in court. These may be cadets from departmental universities. Of course, they are on the side of the investigator, because they themselves are future investigators.

In cases, for example, about drugs, drug addicts themselves can be witnesses, who thus ensure that the investigator does not touch them for the time being. What kind of termination of a criminal case is there? This is “-1 case” in statistics for the investigator.

Without the help of a lawyer, the investigator will drag the case to trial, even if it becomes obvious that the suspect is innocent. But in court, maybe the case will somehow slip through... Could the judge be indignant and send the case for further investigation? Maybe, of course. If a judge is a conscientious and competent person, such people will meet. But it's better to be safe.

It is important to know: the investigator needs good statistics, so criminal cases are carried out even if they should be terminated. It reaches the point of absurdity. The court believes the investigator more and more willingly than the defendant: one government agency treats another government agency with understanding. And the investigator has more experience in legal matters than the one who got into trouble. What can you do without a professional lawyer whose services you can get? Just go to jail.

Important to know: remember that a lawyer is the only person involved in the case who wants to protect you and knows how to do it. A lawyer knows how to achieve a truly independent examination. How to attract witnesses and force the investigator to take their testimony into account. How to prove your alibi.

Features of stopping persecution

The procedure requires compliance with certain formalities. These are due to the fact that the investigation affects the interests of representatives of both parties (there may be more persons). Thus, the investigator is obliged:

Inform those concerned (accused, victim, defense) about the decision made.
Explain the procedure and deadlines for appealing.
Warn about rehabilitative consequences. Explain the procedure for restoring rights.

Termination of a criminal case due to the absence of an event or corpus delicti almost always leads to a halt in proceedings. But in some cases the investigation is ongoing. This occurs when there is an injured party. Investigators need to identify the culprit and bring him to justice. And the prosecution against the unfoundedly suspected person stops.

In this case, a set of circumstances must be present. If the accused is not involved in the crime, they are as follows:

The investigator collected data proving the existence of a criminal act. That is, the very fact of violation of the law took place.
The suspect has an alibi. Other irrefutable evidence of the person’s innocence has been collected.
The investigation has exhausted all possibilities to confirm the involvement of the accused in the crime.
There are no other grounds for terminating the case.

Thus, the persecution ends against an innocent person. But this is not a reason to stop the investigation. The inquiry must bring it to its logical conclusion. That is, to find the criminal and irrefutably prove his involvement in the crime.

Investigator's actions

It has already been said above that suspension usually occurs at the stage after all necessary actions have been taken, in some cases - before the involvement of the accused, if it is impossible to identify him.

Thus, one of the conditions for suspension is the adoption of full measures aimed at solving the crime. Even those that are possible in the absence of the accused himself - examinations, seizures, searches, interrogations of other persons, etc. In addition, if necessary, measures must be taken to search for the suspect.

During this period, any investigative actions are prohibited.

The investigator issues a resolution to suspend the criminal case and sends it to the prosecutor. In some cases, the investigator has the right to suspend the case only with the consent of his supervisor, the investigator - with the permission of the prosecutor.

The victim, civil plaintiff/defendant, and their representatives are notified about this. If the accused is seriously ill, he and his lawyer are also notified of the suspension for this reason. At the same time, these persons have the right to appeal the decision.

If the criminal case was suspended due to failure to identify the criminal, then actions are taken to find this person. In the event that his whereabouts are known and he is hiding from the investigation, a search is announced. The running of the statute of limitations for criminal prosecution in the latter case is suspended until it is found.

In other cases, a break in the period is not provided, and if upon renewal it turns out that it has expired, then the case is terminated.

This is the procedure for suspending a criminal case.

Consequences of termination of the case

The issuance of a ruling affects all aspects of the process. This is most important for the life of the former suspect. This person receives the right to rehabilitation (if there are grounds). This consists of paying material compensation and organizing information support. The state is paying for the mistakes of investigators.

That is, a wrongfully accused person files a claim against the Ministry of Finance of the Russian Federation.

The list of rights of an innocent victim is given in Part 1 of Article 133 of the Code of Criminal Procedure. The former defendant may demand:

Compensation for material damage resulting from loss of income (during arrest).
Restoration of the right to reside in previously occupied premises if evicted due to criminal prosecution.
Compensation for moral damage.
Reinstatement to the previous place of duty.
Resumption of pension accruals, if they were suspended.

Payments are made based on the relevant court decision. That is, a person who has suffered from arbitrariness/error of the investigation is obliged to file a claim with this authority. It is allowed to include the following proven material losses:

Costs for the services of lawyers and other specialists.
Unpaid benefits from the state due to criminal prosecution.
Fines contributed to the budget in order to implement a canceled court decision.
The value of the confiscated property.
Expenses for restoring health, completing a rehabilitation course.

Each position of the claim must be supported by documents. The judge carefully examines the evidence. The decision is made in a balanced, fair and justified manner. In the absence of exonerating circumstances, the former suspect simply avoids responsibility. But the law gives a person the right to refuse to close a case. He is not required to state reasons. In such a situation, the investigation proceeds as usual.

Legal consequences

What legal consequences await a citizen in the event of termination of a criminal case or refusal to initiate it on non-rehabilitative grounds?

Firstly, when receiving a certificate of criminal record, it will indicate that the citizen was previously prosecuted and on what grounds this case was dismissed. With such a certificate, for example, it will not be possible to get a job in educational institutions (Articles 331, 351.1 of the Labor Code of the Russian Federation), as well as in law enforcement agencies.

Secondly, the citizen will have to compensate for the material damage caused by the crime.

Thirdly, he will have to pay the victim compensation for moral damage in his claim if the crime was committed against the health or life or personality of the victim.

And the saddest thing is that when decisions are made to refuse to initiate a criminal case, especially in connection with death, the expiration of the statute of limitations for criminal prosecution, the bodies of inquiry and investigation artificially increase the detection rates of crimes, such as illegal trafficking in weapons and ammunition, drugs!

In a word, take care of yourself! Be legally savvy, do not succumb to illegal persuasion when there is nothing to accuse you of!

Arbitrage practice

Examples from judicial practice:

Citizen E. was accused of causing minor harm to the health of the victim K. In accordance with the charges brought against E., a criminal case was initiated under Art. 115 of the Criminal Code.
From the petition filed by the defense, the court obtained evidence that E.’s actions were due to the need for self-defense. The victim K. was the first to use physical force, as a result of which the accused E. was forced to defend himself.
The evidence specified in the petition, which includes the testimony of witnesses, was recognized by the court as a basis for dismissing the case.
A criminal case was initiated against the accused O. under Art. 213 of the Criminal Code - hooliganism. According to the bodies of inquiry, the accused, who has a weapon at his disposal, committed a gross violation of public order . From the petition filed by the defense, the court received information about the absence of evidence that O. had weapons, and the presence in O.’s actions of signs of a gross violation of public order. Based on received information, the case was closed.

Thus, in the absence of signs of illegal actions in the actions of a citizen, it is permissible to file a petition to terminate the criminal case.

The document is drawn up and submitted to the authorized bodies in accordance with existing rules established by law.

What to pay attention to

When drawing up a petition to terminate a criminal case, it is necessary to first determine what reasons the court may recognize as valid for granting the petition.

It is imperative to indicate in the final part that you are familiar with the consequences of termination of the case, and, moreover, to motivate your petition. After all, without the proper motivational part, such a request simply will not be approved.

At any stage of the trial, but before sentencing, a motion to dismiss the criminal case may be filed. To compile it, it is necessary to follow the structure and understand the Code of Criminal Procedure and the Criminal Code of the Russian Federation.

But if there really are grounds and the court does not see any pitfalls or dangers, then the petition will definitely be granted and the appropriate resolution will be issued.