During the preliminary investigation or trial, none of the officials is immune from errors. That is why the issue of compensation for harm, the restoration of the rights of citizens who have been illegally prosecuted, does not lose its relevance.
New guarantees for citizens
For quite a long time there was an opinion that the state should not be responsible for the actions of state bodies and officials, including in the field of criminal proceedings. The situation changed dramatically after the adoption of the new Constitution of the Russian Federation in 1993.
Currently, the Basic Law establishes and guarantees the rights and freedoms of man and citizen, consistent with international legal principles and norms. This fact is of particular importance in the field of criminal proceedings. The fact is that the investigation of the crime and its trial is inevitably associated with the restriction of individual freedoms and rights, its inviolability, invasion of privacy, and the use of coercive measures. In accordance with applicable law, the public-law nature of procedural activities and the harm caused by it, implies the corresponding responsibility of the state. The Russian Federation in the person of its authorized bodies assumes such responsibility, proclaiming the right of citizens to demand compensation for damage caused by unlawful actions of state structures and their officials, as well as restoring the situation that existed before the violation of interests and rights, i.e., rehabilitation. Further in the article we will deal with the concept and meaning of rehabilitation in criminal proceedings.
General information
Let's first deal with the concept of "rehabilitation".
In criminal proceedings, this term has been used for a long time. At present, its significance has changed somewhat, adapted to modern conditions.
The word rehabilitatio has Latin roots. It is derived from two elements: the pre- prefix, which means "renewal," and the words habilitas - "ability," "fitness."
Initially, the concept of “rehabilitation” in criminal proceedings meant pardon. However, an independent legal institution subsequently arose.
Soviet law
In short, rehabilitation in criminal proceedings during the years of the USSR was seen as the actual acquittal of the defendant or the termination of the case against a specific person. Before the introduction of the modern CPC, there was no legislative definition of the concept under consideration. In this regard, in criminal procedure theory and practice, several different approaches to its interpretation have developed. For a long time there was a narrow meaning of rehabilitation. In the criminal process, it was used exclusively in relation to persons subjected to political repression.
Currently, the question of the correct understanding of the term is still debatable.
The difficulty of disclosing the concept
Different theorists have different opinions regarding the importance of rehabilitation in criminal proceedings. At the same time, each author seeks to emphasize some distinctive feature, which, in his deep opinion, most accurately expresses the essence of the concept. The approach, according to which rehabilitation in a criminal case was identified with the fact of acquitting or terminating the proceedings on the grounds established by law, was widely used at one time.
This opinion, in particular, was shared by B. T. Bezlepkin. The author believed that the rehabilitation of the criminal process should be considered the acquittal of the defendant or the termination of the case against the accused / convicted / suspect due to the lack of corpus delicti or the occurrence of a crime, due to the unproven involvement of a person in the assault, as well as on other legal grounds.
Applicable Law
Today, the concept under consideration is most fully disclosed in paragraph 34 of Art. 5 CPC. In accordance with the norm, rehabilitation in criminal proceedings is a special procedure for restoring the freedoms and rights of an individual who has been unjustifiably or unlawfully prosecuted, and compensating him for the harm caused by this.
Thus, we can consider the concept as:
- The procedural act by which the innocence of a person is established in the alleged offense.
- A set of measures of a restorative and compensatory nature aimed at redressing the harm that arose as a result of unjustified criminal prosecution, the use of coercive measures or conviction.
Specificity
The above package of measures includes rights to compensation for property damage, elimination of the consequences of moral damage, as well as restoration of violated rights (labor, housing, etc.).
When applying the institution of rehabilitation in criminal proceedings of the Russian Federation, the damage incurred by the subject is fully compensated by the state. Moreover, the nature and degree of guilt of the investigating authorities, inquiries, the court or the prosecutor does not matter. In addition, the unlawful application of coercive measures against a citizen is the basis for making a claim for compensation. It is, in particular, about the unlawful detention of the subject, the seizure of his property, the imposition of a fine, etc.
Signs
To apply the norms of the Code of Criminal Procedure on rehabilitation in criminal proceedings, a number of conditions must be observed:
- The fact of unreasonable / illegal prosecution.
- Taking measures to restore violated freedoms and rights.
- Resolution of the issue of compensation for damage caused by unlawful actions of state structures and their officials, guarantees of the exercise by a citizen of his right to compensation for damage.
General rules
Consider the procedure for rehabilitation. In criminal proceedings, any procedural action must be documented. The rehabilitation procedure is no exception.
The process of restoring violated freedoms and rights begins with the issuance of a regulatory act. This may be an acquittal , a decision to dismiss the case, etc. After this, the accused / convicted person or suspect is sent a notification that he has the right to rehabilitation.
In criminal proceedings, the issue of redress is fairly straightforward. A citizen sends a corresponding request to the body that found him not guilty. The state structure (as a rule, this is a court) calculates and makes a decision on compensation for the established amount of harm. This concludes the procedural stage of the implementation of the right to rehabilitation.
In criminal proceedings as regards collection, essentially the same principles apply as in civil proceedings. A citizen whose freedoms and rights have been violated shall apply with a court order to financial, housing and other structures with a request for damages, the return of ranks, awards, ranks, etc. The refusal of these bodies may be appealed in civil proceedings.
Important point
Rehabilitation in criminal proceedings arises when the court passes a verdict of not guilty, if the case is terminated due to the prosecutor's refusal to support the prosecution, in the absence of a corpus delicti or the occurrence of a crime, as well as on other grounds enshrined in Art. 133 Code of Criminal Procedure.
Illegal prosecution of a subject is not always the result of the guilty actions of the prosecutor's office, bodies of inquiry / investigation, and the court. As a rule, at the time of the commission, these actions are quite legitimate. They become illegal in terms of the consequences that entail. It was said above that for the application of the norms on rehabilitation in criminal proceedings, the presence, degree and nature of the guilt of the authorized bodies does not matter. This is due to the fact that not these structures, but the state itself is responsible for their actions. Accordingly, it is she who is the defendant.
Special cases
There are two types of rehabilitation in the criminal process: full and partial. The first condition is, first of all, a recognition of the absolute innocence of a citizen or confirmation of the groundlessness of bringing him to justice. In other words, the charge / suspicion brought against the person is completely rejected.
Partial rehabilitation in criminal proceedings involves justification for individual episodes or other crimes. The right to it may arise not only in court, but also at the stage of preliminary investigation. It should be borne in mind that regardless of the final decision on the criminal case as a whole, the subject in respect of whom the prosecution was partially terminated must receive partial rehabilitation.
In criminal proceedings, thus, suspicions / accusations of involvement in certain crimes or episodes can be dropped from a citizen. Accordingly, in this case, he has the right to demand compensation for harm caused to him.
Reasons for applying rehabilitation standards
A citizen has the right to restore his rights when:
- Sentencing.
- Refusal of the prosecutor from the prosecution and termination of the criminal prosecution in this connection.
- The absence of a crime event or signs of composition in the actions of a person.
- The absence of a statement from the victim in cases of public-private or private prosecution. When applying this reason, it is necessary to establish whether the victim of the crime was in a dependent or helpless state, whether there were other reasons why he could not exercise his rights.
- The absence of the consent of the judicial authority to initiate proceedings or to bring as an accused any of the entities referred to in paragraphs 1-5, 9, 10, part 1 of Art. 448 Code of Criminal Procedure.
- Involvement of a person in a perfect assault.
- Availability in relation to the accused / suspected verdict that entered into force on the same charge or court ruling / decision to dismiss the case on the same charge.
- The presence in respect of a citizen of an unaltered act of the body of inquiry, investigation or the prosecutor to dismiss the case or to refuse to initiate it.
- The refusal of the proper government agency to consent to the initiation of proceedings or prosecution under the Criminal Code of persons endowed with immunity.
For the convicted person, the right to rehabilitation arises when the conviction that has entered into force is fully or partially canceled and the proceedings are terminated on the grounds established by clauses 1, 2, 1, 1, art. 27 Code of Criminal Procedure.
Unjustified enforcement
This is another reason for a person to exercise the right to rehabilitation. To restore rights and compensate for the harm suffered, it is necessary to achieve the cancellation of the decision on the application of medical coercive measures in a cassation order or due to newly discovered circumstances. Cancellation is made for any of the above reasons.
The subjects of rehabilitation are also unreasonably or illegally subjected to persecution and who have undergone restrictions and deprivations in connection with it, regardless of at what stage the fact of the unlawfulness of this prosecution was established. Among these persons are the accused, suspect, convicted, defendant, as well as citizens subjected to medical measures.
Enforcement nuances
In h. 3 Article. 133 of the Code of Criminal Procedure indicate the subjects in respect of which measures of coercion were illegally applied during criminal proceedings. The list of these measures is established in Ch. 12-14 Code of Criminal Procedure. Among them:
- Detention, custody as a suspect.
- A written undertaking not to leave the place of residence, bail, child minding, house arrest and other preventive measures.
- Obligation to appear, suspension from office, drive, seizure of property.
It should be noted that the subjects of the right to rehabilitation include only those persons with respect to whom it was established that they were unreasonable or illegitimate, responsible for their innocence. Moreover, it does not matter by virtue of what it was done - by virtue of an acquittal or a decision to terminate the prosecution. It follows that the establishment of the fact of unlawful application of compulsory measures to the subject cannot in itself serve as a reason for including a person in the number of subjects of the right to rehabilitation. Such citizens can only rely on compensation for damage that has occurred without reference to the rehabilitation process. This opportunity can be realized within the framework of criminal procedural rehabilitation only if the fact of unlawful / unjustified conviction or prosecution is established.
Compensation for property damage
She is one of the elements of rehabilitation. The property damage is the difference between the material condition of the subject before and after the violation of his rights. The structure of harm also includes unearned income that a person would receive if illegal actions were not taken against him.
In h. 1 Article. 135 of the CPC there is a list of everything that can be compensated:
- Salary, benefits, pension, other payments that the entity lost as a result of unlawful prosecution.
- Property confiscated or turned in favor of the state on the basis of a court decision.
- Procedural costs, fines recovered from a citizen pursuant to a sentence.
- Legal Aid Costs.
- Other costs.
Property damage can be expressed not only in actual costs, but also in lost profit. It represents the material values that a citizen would surely have received if he had not been arrested, detained, subjected to other coercive measures, convicted, removed from office, etc. However, in order to take them into account in the compensation, it is necessary to prove the possibility of their real receipt.
Compensation for non-pecuniary damage
In the event of a change in the mental state, socio-moral status of the subject, his undeserved physical and moral suffering as a result of unreasonable actions of representatives of law enforcement agencies and the court, a citizen can file a claim for compensation for moral damage.
Damage can be caused to a person’s reputation, his good name, respect from others, colleagues, neighbors, etc. Compensation for moral damage includes:
- The prosecutor makes an official apology to the citizen on behalf of the state.
- Payment of cash compensation.
- Restoring reputation through media reports on the rehabilitation of a person.
- Sending letters of decisions justifying the subject at his place of study, work, residence.
Difficulties in determining the amount of cash compensation
When the institution of material compensation for moral harm was introduced into domestic legislation, the idea of free discretion of the court in establishing its size was based on. The norms do not define the limits of the amount of money that can be recovered from the person who inflicted physical and moral suffering.
Currently, the amount of compensation is determined by the court, taking into account the circumstances of the case and the identity of the victim. When assessing moral damage caused to a citizen by unlawful / unjustified conviction or prosecution, the following should be taken into account:
- The degree and nature of the suffering.
- The circumstances of the case and the individual characteristics of the victim.
- Principles of justice and reasonableness.
- Other facts worthy of attention.
As part of the compensation for non-pecuniary damage, a rehabilitated person is given the opportunity to report on acquittals made against him in the media if information about his arrest, detention, conviction, and other procedural measures has been published in print media, distributed on the radio, television, or other mass media information, including the Internet.