The criminal case ends with the preparation of the act. Based on the Code of Criminal Procedure , a draft resolution is being developed. Consider what a document should include and what distinguishing features indicate its legitimacy.
Decision to terminate the criminal case: sample
The act is written and formal. Compilation must be approached responsibly and carefully. In addition, you should carefully put down the dates, initials of the persons in respect of whom the information is compiled, as well as indicate the normative articles used in the process of compiling the document. You should remember the basics of office work. When certifying such a document, a date must be affixed in words. From this moment, it is necessary to notify all persons whose rights are affected by the criminal case.
Then the act is sent through the post office with a notice so that you can track the date of receipt. In addition, a different offense may be singled out from a case that has been completed: administrative or criminal. The victim can also restore his rights by filing a lawsuit in court on the basis of a decision to terminate the criminal case. The applicant will find out the procedure for appeal in the notification received.
Authorized Persons
The person who draws up the act and signs it is usually different people. The head (head) of the investigative body of inquiry is authorized to sign the document, and the police officer who conducted the investigation prepares it, since only he knows all the little things and nuances of this case. It does not take too much time to draw up an act , since practice suggests that all decisions are similar in form, differ only in their main content. For example, the name of the person, his personal information, the article on which he was involved, and other data changes. A sample ruling on the termination of a criminal case will help to correctly draw up a document that needs to be checked for grammatical errors.
Authorized employees
The approval of the act is authorized by the head of the unit or interim (in case of illness or vacation of the first). The head necessarily checks the text, its correctness and in case of finding errors returns to the executor for revision. The decision to terminate the criminal case (completed form) after making all amendments is provided to the head again.
The role of the prosecutor
Prosecutor - a person who coordinates the activities of law enforcement in accordance with the law on the prosecutor's office of our state. So, when studying a criminal case, he draws attention to the decision to terminate the criminal case, checking its legality, validity and admissibility in relation to a particular case. In case of disagreement with the act, the prosecutor has the right to cancel it and send it for additional investigation in cases provided by law.
If there is reason to resume the criminal case, it must be immediately taken to production. Such a decision is made by compiling a report of the investigator or interrogator. After which a request is made to extend the period of the preliminary investigation, and the investigation continues.
Grounds for pronouncement
There may be many reasons for ending the investigation. Formally, they are divided into rehabilitating and non-rehabilitating. The first group includes actions and inactions that do not contain an illegal event and composition (object, subject and their parties), as well as if it is proved that the person is not involved in the act and has an alibi.
The second group is related to the expiration of terms, which vary from three to fifteen years depending on the gravity of the act, as well as amnesty or death of a person who fell into suspicion of the case.
After the completion of the investigative actions, the material is stored in a law enforcement agency, and the supervisory proceedings (the most important documents of the investigation) remain in the prosecutor's office and the time period established by law or job descriptions is stored.
Errors in the text of the document
The investigator orders the termination of the criminal prosecution. The completed form quite often has many errors. They are divided into two groups: semantic and grammatical. If the head did not pay attention to the text and certified the act with his signature, the prosecutor’s employee will be able to find the errors, who has the right to cancel the decision and submit the form for revision.
In all public institutions involved in the investigation, there is a completed sample of the decision to terminate the criminal case. However, the heading of the act varies, since the inquiry is taken for crimes of small and medium gravity, and the Investigative Committee for serious and especially serious cases.
In the case of incorrect preparation of the form, the lawyer of the victim can challenge the decision and file a lawsuit to restore rights and interests. This usually happens in civil proceedings, and the claim is recorded in the form of a claim for damages. Such cases are based on cash payments. If the lawyer finds new or newly discovered circumstances in the case, he seeks the resumption of proceedings.
In addition, the above-mentioned act can be appealed to the prosecutor or in court. The prosecutor considers the complaint within three days, and the court within five days. If the representative of the prosecution extends the period for consideration of the complaint, the court may accept it for consideration, return it for correction and revision, or refuse to accept it. In any case, two copies of the documents should be made so that the court can return the registered version to the applicant or lawyer with the date of adoption. Thus, the decision to terminate the criminal case, a model of which is presented in the article, can be appealed.