The concept of criminal prosecution is the activity of identifying a suspected or accused person who has committed a crime. It is carried out by the prosecution.
Procedural actions carried out before the exposure of the person who committed the criminal act do not apply to this definition.
Types of criminal prosecution, depending on the severity of the crime, can be carried out in a private, mixed manner. Let's consider everything in order.
Private prosecution
Types of criminal prosecution include legal proceedings, private charges brought on the basis of a statement by the legal representative or the victim himself.
The exception is situations when a person, due to helplessness or for other reasons, cannot independently seek protection. The head of the investigative committee, investigator or inquiry officer is entitled to initiate criminal proceedings on behalf of the injured party.
The cases of private prosecution, that is, of minor gravity, are: beatings, slander, causing intentionally slight harm to health.
The law allows to protect the interests and personal rights of victims in court on their own. But this only applies exclusively to cases that are classified by the degree of minor severity.
Such criminal cases are terminated by the reconciliation of the parties (the accused and the victim). But there is a reservation. Reconciliation is possible until removal to the court deliberation room for decision.
Public prosecution
Public-private prosecution criminal cases are instituted at the request of the injured party or his representative. These include.
1. Infringement of related and copyright.
2. Non-observance of confidentiality of correspondence, postal, telephone conversations or other messages.
3. Violation of housing integrity.
4. Fraud, namely all of its compositions.
5. Waste or misappropriation, etc.
The types of criminal prosecution, public-private and private, differ from each other. In the second case, the initiated case is terminated due to reconciliation between the parties. In a public-private arrangement, the accused and the plaintiff do not affect the outcome of the case. Moreover, the injured party does not have the right to independently defend its interests in court, unlike private prosecution of cases.
With the exception of cases when the person who committed the crime of moderate or minor gravity reconciled with the victim and compensated him for the harm (damage).
Public prosecution
Cases are publicly initiated at the initiative of the prosecutor. It can also be an investigator or inquiry officer. A statement from the injured party or its representatives is not required to initiate proceedings.
Public cases include cases that are not private or mixed.
Types of criminal prosecution of a public nature differ from public-private prosecution by the gravity of the crime.
Authorized Criminal Persons
Who are they? The Code of Criminal Procedure identifies several entities vested with the right to prosecution in question. Representatives of the prosecution in mixed and public cases are the prosecutor, the interrogator or the investigator. If signs are found that indicate a crime has been committed, their goal is to restore an event, violation or act. They must also identify the person or persons who committed the crime. At the same time, the victim is protected. On the part of the injured party, the participation of its legal representative is mandatory. Perhaps in the proceedings, the presence of a civil plaintiff and his counsel.
Requests, demands and instructions submitted by participants of the process from the accusatory party submitted within the limits of authority are binding.
The prosecutor has the right to conclude a pre-trial agreement in a criminal case after it has been instituted with the accused or suspect.
Criminal prosecution authorities
The prosecuting authorities include such entities.
1. The Investigative Committee at the prosecutor's office of Russia.
2. Departments of the interior.
3. The prosecution authorities.
Pre-trial prosecution
The criminal case in which pre-trial proceedings are ongoing may go through the following stages of prosecution.
1. Initiation of proceedings by initiating criminal prosecution.
2. When the prosecutor reveals the facts testifying to the crime, the case materials are sent to the inquiry body or investigative committee to resolve the issue of criminal prosecution.
3. Giving written instructions to the inquiry officer about the progress of the investigation and ongoing procedural actions.
4. The approval of the indictment or opinion on the criminal case.
5. Extension of the terms of inquiry.
6. Approval of the decision made by the inquiry officer to terminate the proceedings.
7. Taking part in judicial and pre-trial hearings
8. Return of the criminal case with written instructions to the investigator or interrogating officer for the purpose of conducting an additional investigation.
9. Amendment of indictment or opinion.
The Code of Criminal Procedure also empowers the investigator (as an official) to conduct preliminary proceedings. The victim representative in question is also the subject of prosecution in mixed and public cases, and is also a party to the prosecution. The prosecution of a criminal investigator is to collect irrefutable evidence that exposes a suspect or accused by proving guilty of a crime.
The curator of the investigating authority is vested with the legal right to carry out criminal prosecution through guidance on the preliminary investigation.
The head of the body of inquiry and the structure itself, in contrast to investigators, are authorized to carry out the prosecution in criminal cases (for which preliminary investigative actions are not necessary). They are also vested with the right to initiate criminal cases and conduct operational investigative actions.
The prosecution
The grounds for criminal prosecution in a mixed and private manner begin with the application by the injured party. Also, the legal representative of the citizen can do this. The application may be submitted directly to the magistrates court. This rule applies to cases where victims know the person who committed the crime. But most often the application is submitted to the police. After carrying out the corresponding preliminary check and establishing the signs indicating the committed act, the material of the check in the case is transferred to the justice of the peace. The applicant is notified of this.
Grounds for prosecution of public charges.
1. Statement by the victim.
2. Submission of a report indicating the existence of signs of a perfect act.
3. Confession, etc.
After a preliminary check, an appropriate resolution is issued indicating the initiation of the case, which the prosecutor is notified of.
Grounds for ending the prosecution
These reasons are the factors listed below.
1. Lack of action.
2. There is no corpus delicti, that is, the absence of all signs of an illegal act (subject, object, subjective or objective side of the crime).
3. The expiration of time limits for criminal prosecution.
4. Death of the accused or suspect.
5. The absence of a judicial opinion indicating signs of a crime.
6. Absence from the victim statement.
7. Reconciliation of the victim and the accused.
8. Change of scenery. For example, a perfect act is no longer dangerous.
Reasons for ending the persecution
The termination of a criminal case (criminal prosecution) has a number of reasons, which are the following factors.
1. A person is not involved in the commission of a crime. This occurs when it is proved that the citizen did not commit the punishable act. Or, when the full certainty of the commission of a crime by a suspected or accused person is obvious.
2. The presence of an act of amnesty.
3. The reconciliation of the parties.
4. The presence of a court decision that has taken legal force on the same charge on which the criminal case is terminated.
5. Denial of deprivation of authority of the President of Russia by the State Duma of the Federal Assembly.
6. Active repentance.
7. The person who committed the crime does not fall under criminal liability due to insufficient age.
These are the grounds for terminating criminal prosecution under the law of the Russian Federation.