Lawyer Spiridonov M.V. 09/20/2015 2 Comments
Criminal proceedings
criminal lawyer, theft from a store, accusation of theft, termination of a criminal case, reconciliation of the parties, Art. 158 Criminal Code of the Russian Federation, Art. 25 Code of Criminal Procedure of the Russian Federation, Art. 76 Criminal Code of the Russian Federation
Many persons brought to criminal liability think about the possibility of terminating the criminal case in connection with the reconciliation of the parties. In this article, using the example of one criminal case from my legal practice, I want to analyze the provisions of the Criminal Procedure Code of the Russian Federation and the Criminal Code of the Russian Federation, reveal the procedure for terminating a criminal case in connection with the reconciliation of the parties, determine whether clarification of the issue of admitting guilt is necessary for terminating a criminal case affairs.
I carried out protection under Part 3 of Art. 30 hours 1 tbsp. 158 of the Criminal Code of the Russian Federation - attempted theft (theft from a store). During the investigation, the defense’s position boiled down to the fact that my principal had paid for part of the goods, but he forgot to pay for part of the purchased goods, so he went through the checkout area, where he was detained by a security guard. As we can see, my client did not admit guilt in committing the crime and actively proved it.
The position on the case agreed upon with the client was to try to dismiss the criminal case without admitting his guilt in the charge.
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After the conditions for reconciliation have been reached and fulfilled, it is necessary to take a statement from the victim, in which the latter will reflect that he has reconciled with the person brought to criminal liability, the harm caused to him has been fully compensated, he has no claims against the victim and asks to terminate the criminal case in connection with the reconciliation of the parties. The application must be written in the name of the person in whose proceedings the case is located.
To resolve the issue of terminating a criminal case, it is important to collect as many documents as possible that positively characterize the person brought to criminal liability. Such documents can be a work record, a record book, characteristics from a place of work, study, place of residence, documents confirming the presence of young dependent children, etc.
Tomorrow I have a trial under Part 2 of Article 158 of the Criminal Code of the Russian Federation. I returned everything, the victim wrote a reconciliation letter. What will happen?
Good afternoon. Tomorrow I have a trial under Part 2 of Article 158 of the Criminal Code of the Russian Federation. I returned everything, the victim wrote a reconciliation letter. What will happen? As my lawyer told me, if the prosecutor agrees to reconciliation, then the case will be closed, but if not, then I don’t know. What can happen?
Lawyer Antonov A.P.
Good afternoon
According to Part 2 of Art. 158 of the Criminal Code, theft committed: a) by a group of persons by prior conspiracy; b) with illegal entry into the premises or other storage; c) causing significant damage to a citizen; d) from clothes, a bag or other hand luggage that were with the victim - shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred and eighty hours, or correctional labor for a term of up to two years, or forced labor for a term of up to five years with or without restriction of freedom for a term of up to one year, or imprisonment for a term of up to five years with restriction of freedom for a term of up to one year or without it. According to Article 15 of the Criminal Code, depending on the nature and degree of public danger, the acts provided for by this Code are divided into crimes of minor gravity, crimes of medium gravity, serious crimes and especially serious crimes. Crimes of minor gravity are recognized as intentional and careless acts, for the commission of which the maximum punishment provided for by this Code does not exceed three years of imprisonment. Crimes of average gravity are recognized as intentional acts, for the commission of which the maximum penalty provided for by this Code does not exceed five years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by this Code does not exceed ten years of imprisonment. Grave crimes are intentional acts, for the commission of which the maximum penalty provided for by this Code does not exceed ten years of imprisonment, and careless acts, for the commission of which the maximum penalty provided for by this Code does not exceed fifteen years of imprisonment. Particularly serious crimes are intentional acts, the commission of which is punishable by this Code in the form of imprisonment for a term of over ten years or a more severe punishment. Taking into account the actual circumstances of the crime and the degree of its public danger, the court has the right, in the presence of mitigating circumstances and in the absence of aggravating circumstances, to change the category of the crime to a less serious one, but not more than one category of crime, provided that for committing the crime specified in part three of this article, the convicted person is sentenced to a sentence not exceeding three years of imprisonment, or another more lenient punishment; for committing a crime specified in part four of this article, the convicted person is sentenced to a punishment not exceeding five years of imprisonment, or another more lenient punishment; for committing a crime specified in part five of this article, the convicted person is sentenced to a punishment not exceeding seven years of imprisonment. According to Art. Art. 75, 76, 76.2 of the Criminal Code, a person who has committed a crime of minor or medium gravity for the first time may be released from criminal liability if, after committing the crime, he voluntarily confessed, contributed to the disclosure and investigation of this crime, compensated for the damage or otherwise made amends for the harm caused this crime, and as a result of active repentance ceased to be socially dangerous. A person who has committed a crime of a different category is released from criminal liability only in cases specifically provided for by the relevant articles of the Special Part of this Code. A person who has committed a crime of minor or medium gravity for the first time may be released from criminal liability if he has reconciled with the victim and made amends for the harm caused to the victim. A person who has committed a crime of minor or medium gravity for the first time may be released by the court from criminal liability with the imposition of a court fine if he has compensated for the damage or otherwise made amends for the harm caused by the crime. According to Art. 25 of the Criminal Procedure Code, the court, as well as the investigator with the consent of the head of the investigative body or the inquirer with the consent of the prosecutor, have the right, on the basis of a statement from the victim or his legal representative, to terminate a criminal case against a person suspected or accused of committing a crime of minor or medium gravity, in cases , provided for in Article 76 of the Criminal Code of the Russian Federation, if this person has reconciled with the victim and made amends for the harm caused to him. Thus, the court can terminate a criminal case in connection with the reconciliation of the parties and if the prosecutor objects to this.
Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.
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After receiving these documents, if the criminal case is still at the stage of preliminary investigation, it is necessary to submit a petition to the investigator (inquiry officer) with a request to terminate the criminal case in connection with the reconciliation of the parties. The received statement from the injured party should be added to the case materials. If the application is denied, you can appeal such refusal to the head of the investigative body, the prosecutor or the court, or re-apply it directly when the case is considered in court.
Termination of a criminal case due to reconciliation (Criminal Procedure Code of the Russian Federation)
The procedure for reconciliation of parties in a criminal case is allowed at any stage of the criminal process. If an investigator is involved in the process, the decision to terminate the criminal case in connection with reconciliation is made by the immediate head of the investigative body. The features here will be standard.
The head of the investigative committee receives a petition to terminate the criminal case through reconciliation of the parties, studies the existing circumstances of the case and considers the possibility of using legislative measures to terminate the case.
A written application is required in any case. If the case is being studied by an investigator, you will have to get his comments, since the final decision to terminate criminal prosecution is made by the prosecutor's office. There are several points that must be taken into account by the applicant. Without them, the prosecutor’s consent to terminate the criminal case may not be forthcoming. As judicial statistics on criminal cases show, such a process is considered an ideal solution to the problem that has arisen, since it allows one to completely avoid a lengthy trial.
However, most often the participants in a legal dispute cannot find the optimal way out of the current situation, which is why there is a need to involve competent and experienced judges and lawyers in the case.
When filing an application, it is important to take into account the authority that is handling the case and conducting preliminary investigative operations.
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After the criminal case has been submitted to the court and a preliminary hearing has been scheduled, at this stage you can file a motion to dismiss the criminal case in connection with the reconciliation of the parties. Often, courts require the presence of the victim at the court hearing in order to find out his position regarding reconciliation. The law does not contain a requirement for the mandatory presence of the injured party, but it is still better to ensure the appearance of the victim. If the court, at the stage of the preliminary hearing, refuses to terminate the criminal case due to the reconciliation of the parties, then such a petition can be submitted again at the stage of the trial.
Reconciliation of the parties, requirements
As written in Art. 25 of the Code of Criminal Procedure of the Russian Federation - a criminal case can be terminated if there is a fact of reconciliation of both parties to the case. This is also stated in Art. 76 of the Criminal Code of the Russian Federation. But for such an outcome, it is necessary to ensure that certain requirements set forth by the legislation of the Russian Federation are observed.
- The crime itself with which a person is accused must be minor or, at most, moderate.
- The accused committed this crime for the first time.
- The accused and the victim must officially reconcile, after which the perpetrator of the crime undertakes to compensate for all damage caused.
- The victim must make a formal, written statement that he wants to stop the case due to the fact that both parties have reconciled.
- The accused himself must agree with this statement and not make any claims.
It is worth noting that crimes are considered to be of medium or minor gravity if, on charges of committing them, the court cannot give a person a sentence of more than five years (in the first case) and two years (in the second case) of imprisonment.
Important fact
A crime can be committed for the first time by a person who has already been previously convicted. This is possible if his criminal record was expunged or simply expunged due to the statute of limitations. In this case, it is considered that he has been fully rehabilitated and any new crime will be considered separately from previous convictions.
It is also important to ensure that the victim actually writes an official statement of reconciliation - without it, termination of the case will be impossible.
Court ruling on h
- Is it possible to reconcile the parties under Article 158 Part 1, at the request of the injured party?
- When reconciling the parties under Article 158, Part 1 of the Criminal Code of the Russian Federation, will the person be able to work in the field of education?
- All legal services in Moscow Witness protection Moscow from 20,000 rubles.
- How can a criminal case be terminated under Article 158 Part 2 of the Criminal Code of the Russian Federation?
- Charge under Article 158 Part 2 of the Criminal Code of the Russian Federation
- All legal services in Moscow Division of jointly acquired property Moscow from 15,000 rubles. Return of defective goods Moscow from 5000 rubles.
Important Article 158 part 1 of the Criminal Code of the Russian Federation – termination of the case by reconciliation of the parties. Part 3, Article 30, Part 1, Article 158 of the Criminal Code of the Russian Federation – termination of the case. Part 1 of Article 158, Part 1 of Article 158 of the Criminal Code of the Russian Federation – fines. Article 158 part 2 (theft from a store by a group of persons) – termination of the case. Article 158 part 2 (pickpocketing) – refuse to place in custody, suspended sentence. Article 158 part 3 of the Criminal Code of the Russian Federation - a series of burglaries in the presence of a confession - an acquittal.
Do you need the help of a theft lawyer in Moscow? Call 8-925-025-17-79! The results of our lawyer in Moscow with experience in terminating criminal cases of theft: Article 158 part 1 of the Criminal Code of the Russian Federation - termination of criminal cases. Article 158 part 1 of the Criminal Code of the Russian Federation – termination of the case by reconciliation of the parties.
Article 159 of the Criminal Code
Fraud committed by an organized group or on an especially large scale is punishable by imprisonment for a term of up to ten years with a fine in the amount of up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to three years, or without it and with restriction of freedom for a term up to two years or without it.
Cases initiated on the basis of fraud are criminal cases of “alternative jurisdiction”; their investigation is within the competence of interrogators and investigators of the Ministry of Internal Affairs and other law enforcement agencies that discovered the crime. In criminal cases initiated under Part 1 of Article 159 of the Criminal Code of the Russian Federation, the preliminary investigation is carried out in the form of an inquiry and is carried out by investigators of the territorial internal affairs bodies of the Russian Federation at the place where the crime was committed.
How to build a defense against charges under Article 159 of the Criminal Code of the Russian Federation Defense of suspects and accused in criminal cases initiated under Art. 159 of the Criminal Code, you must begin by determining the result you want to achieve in a criminal case. A large section of this article is devoted below to the issue of building a defense against charges under Article 159 of the Criminal Code of the Russian Federation, which is called: “How to build a defense against charges under Article 159 of the Criminal Code of the Russian Federation...>>We offer our clients and principals a full range of legal assistance from a lawyer in criminal cases initiated under Article 159 “Fraud at all stages of the criminal process: Practice shows that, as a rule, the period of preliminary investigation in criminal cases of fraud lasts on average 2 - 6 months. If a criminal case consists of several episodes of fraud on a particularly large scale or a large number of defendants are involved, then the investigation can last several years.
In our practice, the maximum period of preliminary investigation in a criminal case initiated under Part 4 of Article 159 of the Criminal Code of the Russian Federation was extended to 38 months (3 years and 2 months). Naturally, they found him and opened a criminal case, but the friend returned everything and we have no complaints against him, and the investigator said that the case would still be sent to court. What to do, I don’t want to set the person up.
He has no previous convictions, and there were no disciplinary sanctions at work either. in the end, I transferred her 500 rubles to begin with... I asked her if she sent it, in the end she didn’t answer anything and added it to the black list... but before that I took a photocopy of her passport and unfortunately gave me mine... I thought she was a decent girl... can I count on refund?
