Is it possible to reconcile the parties in a criminal case + an application to terminate the criminal case in connection with the reconciliation of the victim and the accused

How to reconcile the parties in a criminal case in practice?

When the crime committed is not particularly serious for the victim (fraud, petty theft or minor damage to health), then it is possible to settle everything peacefully.

After all, a person can often realize his actions and draw the right conclusions without criminal punishment. In order to terminate the criminal process based on the conclusion of a settlement agreement, the victim submits a corresponding petition to the investigator or to the court.

In what cases is reconciliation of parties in criminal proceedings allowed?

So, the current legislation is formulated in such a way that the accused and the victim are allowed to make peace if the crime is not particularly serious.

In addition, the person involved in the crime must be in trouble with the law for the first time. If he has previously been convicted of illegal actions, then the investigator or judge may not take into account the desire of the parties to reconcile.

Another condition, subject to which a criminal case may be terminated due to reconciliation, is voluntary compensation for the damage caused.

In this case, all evidence (receipts, payment orders) must be attached to the case.

When the stolen property was returned or an equivalent replacement was provided, then you need to have the necessary confirmation from the victim.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

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According to the law, reconciliation between the victim and the suspect is the basis for closing the case and releasing the person from the penalty prescribed by law. At the same time, it is very important that the fact of achieving peace is recorded in the presence of both parties.

Features of reconciliation of parties in a criminal case

Art. 25 of the Code of Criminal Procedure of the Russian Federation regulates the termination of a criminal case in connection with the reconciliation of the parties. Not every crime can be closed on this basis.

For successful reconciliation, several conditions must be met:

• The criminal offense must be committed for the first time;
• The crime is of mild or moderate severity;
• The victim agrees to the termination of the case;
• The defendant fully made amends or compensated for the damage.

A first-time crime means that the defendant’s previous convictions have been completely expunged at the time of the trial in this case.

What does it mean to reconcile the parties in court? Reconciliation means closure of the criminal case, release of the defendant from liability and mutual resolution of the conflict.

Compensation for damage or amends can be made not only by the defendant himself, but also by other persons at his request.

No promises to make amends in the future will be taken into account by the court or investigation. Compensation for harm must be real, not potential.

At what stage is reconciliation possible?

Legislatively, reconciliation of the parties as a basis for termination of a criminal case is possible at any stage of criminal proceedings.

Pre-trial reconciliation of the parties is carried out by investigative or inquiry authorities on the basis of submitted statements of intention to reconcile on both sides. Judicial reconciliation of the parties in a criminal case is carried out on the basis of the same statements, but already addressed to the judge hearing the case.

As a rule, in practice in 2021, even if the parties wrote a statement to the investigator and expressed their intention to reconcile as part of investigative actions, the court will still terminate the case.

Arriving at the first court hearing, the defendant and the victim will have to again document their intention.

After the judge pronounces the verdict, there will be no opportunity for the parties to reconcile.

Does reconciliation presuppose a criminal record?

Whether the reconciliation of the parties in a criminal case is considered a criminal record is an incorrectly formulated question. In fact, when the parties reconcile, the criminal case is terminated.

This means that the defendant does not change his status to convicted. Based on this, there is no criminal record in this case.

However, information that a specific subject was prosecuted under this article will remain. This information is contained in the Information Centers of the Ministry of Internal Affairs. Upon request from police or court officials, this information will be provided by these centers.

Information from the Information Centers indicates that the criminal case was terminated on the basis of the article of the Criminal Procedure Code of the Russian Federation on reconciliation of the parties.

Crimes with reconciliation

Under what articles of the Criminal Code of the Russian Federation is it possible to reconcile the parties?

All criminal offenses are divided into crimes of private prosecution, public prosecution and private-public prosecution.

Regarding public crimes, the Code of Criminal Procedure of the Russian Federation only states that in order to reconcile the parties, it is necessary that the committed act be classified as of minor or moderate gravity. In this case, the crime must be committed for the first time.

For crimes of private prosecution, a special article 20 of the Code of Criminal Procedure of the Russian Federation is reserved . It says that cases of reconciliation of the parties in the form of private prosecution under the following articles can be terminated:

• Part 1 art. 115 of the Criminal Code of the Russian Federation;
• Part 1 art. 116 of the Criminal Code of the Russian Federation;
• Part 1 art. 128.1 of the Criminal Code of the Russian Federation.

These articles regulate minor bodily harm, battery and slander.

In order for the parties to a criminal case to be able to reconcile when beatings, it is necessary that the beatings do not entail consequences under Art. 115 of the Criminal Code of the Russian Federation.

When is it possible to make peace?

All issues can be resolved amicably both at the investigation stage and when the case has already been transferred to court. The main thing is to take the appropriate actions before the judge announces his intention to go to the deliberation room to prepare for the announcement of the verdict.

The suspect's lawyer plays a large role in the process of achieving reconciliation. It is he who has the power to negotiate with the victim or his representatives. In this case, various options for compensation for both material and moral damage can be considered.

This could be payment of funds, payment for treatment, or transfer of property. Please note that it is not necessary that the entire amount of damage will be reimbursed immediately.

For example, a representative of a suspect and a victim can draw up an agreement in the presence of a notary, which may provide for a payment schedule.

Conditions for terminating a criminal case upon reconciliation between the accused and the victim

The criminal law of the Russian Federation provides for the possibility of terminating a criminal case for fraud in connection with the reconciliation of the parties. This provision is enshrined in Art. 76 of the Criminal Code of the Russian Federation, and the procedure and bodies authorized for this are provided for in Art. 25 Code of Criminal Procedure of the Russian Federation.

A criminal case can be terminated either by the court or by the investigator with the consent of the head of the investigative body, as well as by the investigator with the consent of the prosecutor.

The legislator has established an exhaustive list of requirements necessary for the reconciliation of the parties

:

• bringing a person to criminal responsibility for the first time;
• the person has committed a crime of minor or medium gravity;
• mandatory reconciliation between the accused and the victim and reparation of the harm caused.

A person is recognized as having committed a crime for the first time, provided that he was not prosecuted at all or was released from criminal liability for the crime committed or was previously convicted, but the criminal record was withdrawn or expunged in the manner prescribed by law.

In accordance with Art. 15 of the Criminal Code of the Russian Federation, crimes of minor gravity are recognized as intentional and careless acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed three years of imprisonment.

Crimes of medium gravity are recognized as intentional acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed five years of imprisonment, and careless acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed three years of imprisonment.

Reconciliation between the accused and the victim is a bilateral act. The initiative must come from the guilty person and be accompanied by reparation for the damage caused to the victim. It is important that this happens voluntarily and legally.

Making amends means eliminating the negative consequences that have occurred.:

• compensation to the victim for the damage caused;
• compensation for moral damage;
• making an apology.

Compensation for damage and reparation of harm can be carried out not only by the person who committed the crime, but also at his request by other persons, if the perpetrator does not have a real opportunity to perform these actions.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. We recommend! Punishment for causing minor harm to health under Art. 115 of the Criminal Code of the Russian Federation

More than 19 years of experience. Ask a question

Note! Promises, as well as various kinds of obligations of the person who committed the crime, to make amends for harm in the future, regardless of whether he has an objective opportunity to fulfill them, are not circumstances that give grounds for releasing him from criminal liability.

Thus, if you provide a settlement agreement in a criminal trial between the victim and the accused, who promises to compensate for the harm in the future, then it will not be accepted by the court and will be rejected.

The victim or his legal representative must express a desire to terminate the proceedings in connection with the reconciliation of the parties, which is set out in the application. The guilty person, in turn, must agree to this on the specified basis.

If a crime is committed by several persons, only those who have reconciled with the victim and made amends for the harm caused to him can be released from criminal liability.

If several victims suffered as a result of a crime, then the lack of reconciliation with at least one of them prevents the person from being released from criminal liability for this act on the basis of Article 76 of the Criminal Code of the Russian Federation.

It should be noted that the release of a person from criminal liability in connection with the reconciliation of the parties is not a rehabilitative basis. That is, in this case, the presence of corpus delicti in the act is confirmed, and therefore this fact does not entail rehabilitation.

Reconciliation and punishment

The law provides for the release of the accused or suspect from criminal liability in connection with the reconciliation of the parties. If the victim or his legal representative writes a statement asking to terminate the case, the court or investigator has the right to do so.

“This applies to the category of criminal cases on charges of crimes of minor and medium gravity. Mandatory condition: the damage caused must be compensated, the amount of which is determined by the parties independently. Moreover, if the culprit has previously been brought to justice, has a cleared or expunged criminal record, this procedure can also be applied to him. It should be borne in mind that termination of a case is not the responsibility of the investigator, interrogating officer or judge, but their right,” says criminal lawyer Evgeniy Erlikhman.

The investigator may terminate the criminal case if the prosecutor agrees, and the investigator - with the permission of his supervisor. The court may not take into account the opinion of law enforcement representatives. Even if a representative of the supervisory authority opposes it, the presiding officer will make his decision. In accordance with Article 15 of the Criminal Code, the court can change the category of gravity of a crime by one level. For example, if a person has committed a serious crime for which reconciliation of the parties is not provided, his category, in the presence of mitigating circumstances, can be changed to a milder one, that is, of average gravity, in which the application of the procedure is possible.

“It is better to entrust negotiations on reconciliation of the parties to an experienced lawyer. The accused and his relatives cannot always agree on possible compensation with the victim or his representatives. We can talk about both compensation for material damage caused and simple apologies,” says criminal lawyer Evgeniy Erlikhman.

It is not always possible for the parties to agree on a possible reconciliation. For example, if we are talking about an accident with human casualties, even if the culprit of the accident was sober and acted unintentionally.

“Even despite the tragedy of what happened, in a number of cases it is possible to agree on reconciliation between the parties. The dead cannot be brought back, but why ruin the life of the culprit who has completely repented of his crime, has dependent young children, or can provide financial assistance to the injured party?” — says criminal lawyer Evgeniy Erlikhman.

How is reconciliation of parties in criminal proceedings formalized?

Termination of a criminal case in connection with reconciliation of the parties is possible only on the basis of a statement that must be written by the victim or his representative (relative or lawyer).

Moreover, if the parties decide to settle the conflict between themselves at the investigation stage, then a certain time must pass.

So, if the investigator is authorized to conduct the case, then he must agree on its closure based on reconciliation with the prosecutor.

When an investigator is involved in a crime, the termination of criminal prosecution against a suspect must be sanctioned by his immediate superiors (for example, the head of the investigative department).

When reconciliation with the victim occurs in the courtroom, a corresponding document is issued. In this case, the judge can check whether the rights and interests of other participants in the process are not violated.

Otherwise, there may be various options for further developments. We will talk about this in more detail later in the article.

Petition to the court for reconciliation of the parties in a criminal case

Petition to return the criminal case to the prosecutor

Petition to return the criminal case to the prosecutor

A criminal case was sent with an indictment against D., accused of committing a crime under Part 1, Article 264 of the Criminal Code of the Russian Federation, to the ______________ District Court of the city ___________.

The victim in the criminal case is M., whose interests in the criminal case are carried out by me as a lawyer.

Having read the indictment, I believe there is sufficient data for the court to apply the provisions of Article 237 of the Criminal Code of the Russian Federation with a decision to return this criminal case to the prosecutor on the following grounds:

In accordance with clause 6, part 1, article 237 of the Code of Criminal Procedure of the Russian Federation, the judge returns the criminal case to the prosecutor if circumstances are revealed that entail a change in the criminal legal classification of the actions of the accused in the direction of worsening his situation, since in court proceedings the worsening of the defendant’s position is not allowed.

In this criminal case, the investigator drew up an indictment, which distorts the circumstances of the accident that actually took place, which is an obstacle to passing a verdict.

Thus, in their testimony, the accused D., as well as the defense witness I., gave deliberately false testimony regarding the circumstances of the accident, as well as about the actions of the driver of the car _____________, who, most likely, was another person and not the accused D. What also follows from the testimony witnesses Z., Sh. and T., drivers of vehicles who directly observed the accident and how the car ___________________ fled from the scene of the accident with one driver, and returned back with the accused D. at the wheel, who was in different clothes, thinner and taller than the original driver.

The investigator superficially checked the testimony of the accused D. and his relative, witness I., which is why it is hidden from the criminal legal assessment that the driver _______________, after hitting the victim M.___________, fled the scene and did not take any action to provide assistance to the victim, or to call an ambulance, which must be given an appropriate legal assessment.

D.'s subsequent return to the scene of the crime as the driver ___________________ who committed the accident, and his admission of guilt is a mitigating circumstance in relation to the actions of the driver _____________, containing signs of another crime provided for in Article 125 of the Criminal Code of the Russian Federation, namely, leaving a person who was hit by a car - the victim M. is in danger. At the same time, the very version that it was D. who was the driver of ________________ at the time of the collision with the victim M. has not been verified and is based only on the testimony of the accused D. and his close relative D.i.

The indictment completely lacks a description of these actions of the driver ________________, although there are witnesses who, for some reason, are not named in the indictment and their testimony is not given, which raises doubts about the objectivity of the investigator who carried out the preliminary investigation in this criminal case. At the same time, the investigator must correctly and fully establish and describe in the indictment all the factual circumstances of the crime, which must be given a proper legal assessment. For example, the very fact that the driver ______________ attempted to escape from the scene of the crime obligated the investigator to indicate in the charge that the driver ________________ grossly violated the requirements of clause 2.5. and 2.6. SDA (Road Rules). The investigator should have questioned the accused D. about this, but in the records of his interrogation, the investigator did not ask these questions.

As for witness D.i., in this criminal case there are grounds for conducting an inspection against her and making a procedural decision in accordance with Articles 144-145 of the Code of Criminal Procedure of the Russian Federation to initiate a criminal case under Article 307 of the Criminal Code of the Russian Federation, since her testimony is inconsistent with other evidence, including the accident diagram.

If the wording of the charge does not contain information about what actions were taken by the accused D. and other passengers _________________ after the driver ________________ hit the victim, then the incompleteness of the investigation in this part excludes the verdict, which must establish all the circumstances of the accident and all these circumstances must be be given proper legal assessment.

The section of the road where the accident occurred is covered by surveillance cameras. However, the investigator did not indicate anything about this in the indictment. Therefore, it is unclear whether the investigator made all the necessary efforts to obtain video recordings from these surveillance cameras containing objective information about this accident. Including information about who was driving _________________.

With the help of surveillance cameras and video recorders available on other vehicles, it was possible to determine the speed at which the car _____________________ was moving at the time of the accident, which obviously could not have been the same, as the accused D. and defense witness D.i. testified. during their interrogation.

Please note that several drivers witnessed the accident and were there until the arrival of the traffic police and emergency medical services. They should have been interrogated and it was possible to find out from them the essential circumstances of the incident, including asking questions about who the driver of ________________ was and what actions he took before and after the accident. The traffic police officers were aware of this from the words of drivers of other vehicles funds, but these traffic police officers were not interrogated and their testimony is not included in the indictment. There is only a report from the traffic police officer, but the report is the basis for the interrogation of its author, and not another document that replaces the interrogation protocol. The traffic police officers were also not questioned regarding the circumstances of drawing up a protocol for the inspection of the accident scene.

The foregoing is essential for clarifying the circumstances entailing a change in the charge brought against D. to a more serious one based on his factual circumstances and the filing of charges against him also under Article 125 of the Criminal Code of the Russian Federation, which has a formal composition, the objective side of which lies in the inaction of the driver _______________________, who is not only measures were not taken to provide assistance to the victim, but who fled the scene of the accident, which is one of the grossest violations of traffic rules, containing signs of Article 125 of the Criminal Code of the Russian Federation, given that the victim “miraculously survived,” but it is not yet clear what will happen to his health in the near future.

On the basis of the above,

ASK:

Return the criminal case against D. to the prosecutor to eliminate violations of the law committed by the investigator when drawing up the indictment and by the prosecutor when approving it.

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Reconciliation with the victim in court: circumstances subject to mandatory clarification

The victim plays a decisive role in reconciliation. First of all, it is his expression of will, assessment of the deed and the identity of the one who committed the crime that matters.

The court is obliged to find out:

• whether the statement was written by the victim;
• whether the application was written voluntarily;
• how he is compensated for the harm;
• will explain the consequences of termination of the case.

A necessary condition for the termination of a criminal case is the fact of making amends for the harm caused to the victim.

By virtue of Art. 25 of the Code of Criminal Procedure of the Russian Federation, one of the conditions for terminating prosecution in connection with the reconciliation of the victim with the accused is the latter making amends for the harm caused.

This circumstance can be expressed in compensation to the victim for expenses incurred in connection with the crime, compensation for damage. In this case, compensation or elimination of harm must be at least equivalent.

The court is obliged to find out how and to what extent the damage is compensated. The case must contain materials confirming this circumstance.

At the time of making a court decision, the harm caused to the victim must be made up for. As stated above, a promise to compensate for future damages does not meet the requirements of the law. In this case, the proceedings cannot be terminated.

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The court may find that making amends for the harm caused in the form of an apology is not equivalent. Elimination of damage caused to the victim may be expressed in compensation for expenses incurred by him in connection with the crime.

Within the meaning of Art. 25 of the Code of Criminal Procedure of the Russian Federation, compensation or elimination of harm must be adequate to the negative consequences caused. Making amends in the form of an apology when the actions of the defendant caused harm to health of varying degrees is not adequate.

The file must contain information about financial assistance during treatment.

The victim may demand compensation for both material and moral damage, which can be compensated in monetary terms. If the victim is not satisfied with compensation for harm, the perpetrator cannot be released from criminal liability.

Following reconciliation with the victim, cases in which an infringement was made on the property rights and interests of a legal entity may be terminated. Only if all the above conditions are met can the criminal case be terminated due to reconciliation with the victim.

The court is obliged to explain to the victim his right to reconciliation with the defendant in cases provided for in Article 25 of the Code of Criminal Procedure of the Russian Federation.

Consent of the accused in the case

Reconciliation requires the consent of the accused (Part 2 of Article 27 of the Code of Criminal Procedure of the Russian Federation). To terminate a criminal case on this basis, it is necessary that the accused agrees with this. If the latter objects, termination of the case is not permitted and proceedings continue as usual.

The law gives the court the right to terminate the case in connection with the reconciliation of the parties, but does not oblige it. Release from criminal liability in connection with reconciliation with the victim is a right, not an obligation of the court.

This conclusion follows from the content of Art. 76 of the Criminal Code of the Russian Federation and Art. 25 of the Code of Criminal Procedure of the Russian Federation, which indicates the possibility of such termination (the words “right” and “may” are used accordingly).

Prosecutor's opinion

The position of the public prosecutor on the issue of reconciliation is only the opinion of a participant in the trial.

The court must take into account the opinion of the public prosecutor along with the opinion of other participants when resolving the victim’s request to terminate the criminal case. The law does not make the resolution of this issue dependent on the position of the public prosecutor.

The consent of the public prosecutor to reconciliation is not a refusal of the prosecution, which entails the unconditional termination of the criminal case, and an objection to the satisfaction of the victim’s request is a basis for continuing the trial.

Everything about criminal cases

All about reconciliation with the victim

Url Additional information:

— 25 Code of Criminal Procedure

termination of the case - only on the basis of a statement from the victim

A petition from the defendant is, in principle, not mandatory. After all, the norm is 25 Code of Criminal Procedure

it is said that the termination of the case is carried out on the basis of a statement from the victim (and not the defendant).

But it will be useful, since it allows you to bring to the court all the arguments in favor of dismissing the case - in writing. Also, the benefit is that this petition will be included in the materials of the criminal case (perhaps it will attract the attention of judges in appeal and cassation).

DOWNLOAD simple form: You cannot download files from our server

Here we have provided a sample - a completed petition form for a real criminal case.

How to fill out the form for your case:

A)

first, the petition must set out the mandatory conditions for terminating the case for reconciliation with the victim, provided for in
Article 76 of the Criminal Code
- they must be available in a complete “set”, i.e. all the conditions together are required.

- then other circumstances are given - specified in paragraph 9

Plenum No. 19 and
paragraph 32
of Plenum No. 17.

Url Additional information:

List of all

mitigating: both those specified in
part 1
and those mentioned in
part 2 61 of the Criminal Code
b)

study
the List of all
mitigating circumstances, check whether there is any fact in the circumstances of your case that can be interpreted as an additional mitigating circumstance.

Petition

on termination of criminal prosecution due to reconciliation of the parties

- norms 25 Code of Criminal Procedure

and
76 of the Criminal Code
provides for the right of the court to terminate criminal prosecution against a person if this person has reconciled with the victim and made amends for the harm caused to him.

— the above norms contain a number of conditions, subject to which it becomes possible to terminate a criminal case.

I). Condition: first time crime committed

Url Additional information:

— clause 2

Plenum No. 19 who is considered to have committed a crime for the first time

— the defendant has no previous convictions and has not been brought to criminal liability.

II). Condition: crime category

- the crime of which the defendant is accused, Part 1 112 of the Criminal Code

belongs to the category of
minor
.

III). Condition: the victim must reconcile with the defendant

- the victim reconciled with the defendant, which was confirmed by him in writing.

— the defendant asked the victim for forgiveness.

— the victim applied to the court to terminate

affairs. The voluntary expression of will can also be confirmed directly by the victim himself in court.

IV). Condition: making amends

- the defendant compensated for the damage caused, which is confirmed by a receipt from the victim

about compensation for harm.

V). Other circumstances

Url Additional information:

— clause 9

Plenum No. 19 additional conditions for termination

- paragraph 32

Plenum No. 17 conditions for termination of the case for reconciliation of the parties

- other circumstances that may be taken into account when resolving the issue of exemption from criminal liability are understood to mean the circumstances specified in paragraph 9

Plenum No. 19 and
paragraph 32
of Plenum No. 17.

— in this criminal case the following circumstances are present:

_________________________________________________________________________________________

In view of the above,

Ask:

Terminate the criminal prosecution of the case against the defendant upon reconciliation with the victim.

Attachment: a receipt from the victim for compensation for harm.

Defendant _____________

DOCUMENTS for termination of the case

We recommend using a package of three documents:

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