What does reconciliation of the parties mean: examples from practice
First of all, let's understand the terminology. “Reconciliation of the parties” does not mean at all that these same parties directly reconciled, became friends and the victim forgave the defendant everything. No! This only means that one side is satisfied with some kind of smoothing compensation from the other.
The victim may not forgive the offender on a human level, but may not have legal claims against him. Then the court can make a decision to terminate the case for reconciliation of the parties. Or maybe I won’t be able to bear it.
To illustrate the above, here is an example:
Victim P, from whom accused S (who was previously her partner) stole 6,000 rubles, filed a petition at the court hearing for reconciliation with him. Due to the fact that not only was the stolen property returned to her in full, but she was also paid compensation for the “suffering” caused in the amount of 4,000 rubles. The woman stated that although she hates the offender and no longer wants to know him, she does not want long legal proceedings; compensation for the harm caused is quite enough for her. And the court dismissed the case for reconciliation of the parties.
By the way, such an outcome is possible not only during a court hearing, but also at any stage of criminal proceedings (according to Article 25 of the Criminal Procedure Code of the Russian Federation and 76 of the Criminal Code of the Russian Federation). However, interrogators and investigators are not too fond of stopping such cases . What is important to them is positive statistics and the subsequent “exit” to court. Although many of them explain to both the accused and the victims (those who are committed to an amicable outcome) the possibility of petitioning the court for reconciliation of the parties.
True, not everyone is satisfied with such explanations. Some are appealing the refusal decisions of law enforcement officials on petitions for pre-trial termination of cases for reconciliation of the parties. However, by the time such complaints are considered, cases still end up in court, where they are closed at the very first hearing upon the victims’ request for reconciliation.
So it makes sense to complain only at the very beginning after the initiation of a criminal case. For some, it is important that the case does not go to court, especially when it comes to family conflicts.
As an example, we can take the case of the Ivanov spouses regarding the infliction of moderate harm to the health (as a result of beating) of the wife by the husband. The wife wrote a statement to the police, which she, having “cooled down” after a couple of days, wanted to take away. The investigator who opened the criminal case refused to close it pending reconciliation of the parties, motivating his decision by the rather serious consequences of the beatings, and also by the fact that the law gives the right to terminate the case on such grounds, but this is not his responsibility.
The couple appealed the refusal, but the criminal case has already gone to court. At the very first meeting, the wife petitioned to dismiss the case for reconciliation of the parties, noting that the husband had completely made amends to her. The court granted the petition, and the proceedings on the complaint against the investigator were terminated, since no decision was required.
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.
We recommend! The concept and essence of extreme necessity, difference from necessary defense
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.
How to write a statement of reconciliation?
The law does not have strict requirements for the form of a request for reconciliation. But, according to the Code of Criminal Procedure of the Russian Federation and the Criminal Code of the Russian Federation, it must certainly contain:
- name of the court (or investigative body) to which the petition was sent;
- exact information about the applicant (full name, address, telephone number, status on the case);
- essence (what exactly is being asked for - termination of criminal prosecution on the grounds specified in Article 25 of the Criminal Procedure Code of the Russian Federation and 76 of the Criminal Procedure Code of the Russian Federation);
- justification for this petition (how the damage was compensated, in what amount the damage was compensated, etc.);
- filing date, personal signature with transcript.
Sample application for reconciliation of the parties.
Judicial procedure: reconciliation in court
It is worth noting a number of aspects concerning the actual procedure for the reconciliation procedure in court:
The victim submits a petition for reconciliation directly to the judge, briefly stating the content of his petition. This can be done at any stage of the legal process. However, a decision is made only after the court carefully studies all the materials in the case.- The court certainly asks all participants in the process about the possibility of applying Article 25 of the Code of Criminal Procedure of the Russian Federation. And the defendant too . Sometimes he (the accused, the defendant) may be against it, since such a basis for terminating a criminal case is not rehabilitative. The person will be considered criminally liable for the rest of his life, and the corresponding mark will remain in the IDB of the Ministry of Internal Affairs. In addition, it will not be possible to raise the issue of unlawful persecution and demand compensation, as is the case if a person is acquitted by a court. Important: if the defendant is against it, the court always refuses to reconcile the parties.
- The opinions of the participants in the process, although heard, are not binding on the court. Even if the state prosecutor is against it, the court can make a positive conciliatory decision. But the opposite situation may also occur: all participants are in favor, but the court refuses to reconcile the parties. Since making a decision on reconciliation is its (the court’s) right, and not its obligation (with the exception of cases of private prosecution, where the opinion of the victim (beaten, insulted, etc.) is mandatory for the court).
- The defendant agrees to reconciliation in writing, in a special statement, which certainly indicates his awareness of the consequences of such a termination of criminal prosecution.
- If the victim does not want to participate in the trial, but is not against reconciliation, he can send a petition by mail. But here you need to keep in mind that all requests are considered individually. And if the case materials do not reflect that the damage has actually been compensated, the application may be rejected.
- Like any court decision, a decision to satisfy a request for reconciliation of the parties (or a refusal) can be appealed in the manner prescribed by law by any of the participants in the process (the defendant, his defense attorney, the prosecutor, the victim) within 10 days.
Reconciliation of the parties in the interpretation of the Code of Criminal Procedure
The Criminal Procedure Code (CPC) of the Russian Federation in Article 25 and the Criminal Code (CC) of the Russian Federation in Article 76 consider reconciliation of the parties as the achievement of a peace agreement between the victim and the accused, subject to certain conditions. That is, the victim voices his demands, upon fulfillment of which the criminal or other prosecution of the perpetrator can be terminated, and the perpetrator agrees to fulfill these requirements.
Let's give an example that is often found in everyday life: gr. P. beat his wife, causing her minor injuries. The wife filed a statement with the police, and a criminal case was opened regarding the beating. A day later, citizen P. wrote a statement with a request to close the criminal case in connection with the reconciliation of the parties. The case was closed. It is impossible to simply withdraw a statement from the police, so in this case there is only one way out - filing an application for reconciliation of the parties to the conflict. You can withdraw the application only until the case is initiated.
In order for a criminal, civil or administrative case to be dismissed by agreement of the parties, it is necessary that the fact of reconciliation be recorded before the judge makes his decision on the case. Thus, reconciliation is possible at the stage of investigation and at the stage of trial in court, but before a court verdict is issued.
It is logical that reconciliation of the parties in a criminal case is not considered a criminal record, because it took place before the court decision was made. According to Part 2 of Art. 86 of the Criminal Code of the Russian Federation: “A person released from punishment is considered to have no criminal record.”
Important: in the unified database of the Ministry of Internal Affairs regarding a person brought to criminal liability, there will be a note that the citizen was brought to criminal liability in such and such a case, the case was terminated on the basis of Art. 25 Code of Criminal Procedure of the Russian Federation. Thus, the citizen will not have a criminal record, but the fact of involvement will remain forever.
