Art. 25 of the Code of Criminal Procedure of the Russian Federation states that, at the request of the victim or his representative, the proceedings against the accused or suspected of a crime can be completed. This provision applies to acts of moderate and minor gravity, committed for the first time. Consider further Art. 25 Code of Criminal Procedure with comments.
General information
Cases of exemption from liability are established by norm No. 76 of the Criminal Code of the Russian Federation. Art. 25 Code of Criminal Procedure clarifies and concretizes them. In particular, the completion of the proceedings is carried out by the investigator in agreement with the head of the investigative unit or the interrogating officer in agreement with the prosecutor. The case may be dismissed under Art. 25 of the Code of Criminal Procedure, if reconciliation took place between the accused / suspect and the victim. In addition, the damage caused to the latter must be smoothed out.
Art. 25 Code of Criminal Procedure: comment
Exemption from liability for crime expresses a consensual way to resolve the conflict. The opportunity provided for by Art. 25 of the Code of Criminal Procedure of the Russian Federation and 76 of the Criminal Code of the Russian Federation, testifies to the extension of dispositive principles to cases of acts of moderate or minor gravity that caused harm or created a real threat of its occurrence for the victim. It is necessary in this case to take into account that any procedure of a consensual nature should exclude the complete dominance of one side of the conflict and at the same time ensure that only objective criteria are used in assessing a specific situation.
The role of alternative conflict resolution methods
The introduction into practice of new methods of resolving a criminal law dispute is considered today one of the most important features of the development of almost all existing legal systems. Under Art. 25 of the Code of Criminal Procedure of the Russian Federation (with comments) there is an organic combination of the principles of the inevitability of responsibility for each crime and discrete prosecution. The legislation, therefore, in the duties of the authorized bodies provides the opportunity to refuse to continue the proceedings on the case or to complete it. However, the standards impose mandatory requirements.
Discretion
Completion of criminal prosecution pursuant to Art. 25 of the Code of Criminal Procedure of the Russian Federation acts as a right, but not the obligation of state bodies authorized to conduct investigative measures. In the decision-making process, the relevant authorized structure should be guided not only by the provisions of the law and the conditions established therein. It is also necessary to take into account the social significance of the investigated case, considerations regarding the effectiveness and appropriateness of the ongoing criminal prosecution.
Reconciliation of the parties
It relates to the substantive non - rehabilitating grounds for the completion of a criminal case. Reconciliation has a certain form. Its participants are the subjects of the criminal process - the victim (representative) and the person against whom prosecution is carried out for the first time. According to Part 1 of Art. 25 Code of Criminal Procedure, reconciliation is a prerequisite for the completion of proceedings. It always acts as a mutual expression of will of the parties, that is, it is not one-sided. If the victim (representative) expresses a desire for reconciliation, even executed procedurally in the form of a statement about the end of the prosecution, and the accused or suspect speaks out against this, then the prerequisite is not fulfilled. Consequently, Art. 25 Code of Criminal Procedure cannot be applied. In this case, the completion of the case is carried out under Part 2, Art. 27 of the Code of Criminal Procedure.
Important point
In preparation for the trial, the victim should be explained the possibilities provided for by Art. 25 Code of Criminal Procedure, the consequences of such actions. The Code does not indicate the time limits for a reconciliation. It should be assumed that it can happen before the removal of the authorized persons to the deliberation room, where they will be sentenced. In this situation, there is an analogy with Art. 20, part 2 of the Code.
Legal structure
Art. 25 of the Code of Criminal Procedure of the Russian Federation is applicable in cases where:
- Criminal prosecution is carried out for the first time against the subject of the crime.
- A person is accused or suspected of an act of minor or moderate severity.
Legal conditions for ending the persecution:
1. Criminal-material. These include the reconciliation of the parties, which should be voluntary and valid, as well as smoothing out the subject of the crime of harm caused to the victim.
2. Criminal procedure. They are:
- statement of the victim (representative);
- issuance of an appropriate decision by an authorized person within his competence;
- the consent of the prosecutor in the issuance of the decision by the inquiry officer or investigator;
- compliance with the procedural form.
Making amends
It has a civil nature. Reducing the harm caused to the victim is always accompanied by repentance and refusal of further violations of the law. In this regard, attention should be paid to Art. 76 of the Criminal Code. It applies exclusively to first-time offenders. By smoothing the damage should be understood the real restoration of the rights of the victim, which were violated, or compensation in any form caused to him or the property that he owns, material damage, as well as moral damage. The specified position is contained in Art. 15 GK. According to this norm, a person whose right has been violated may demand full compensation for the losses that have been caused to him, unless a smaller amount of compensation is established by the contract or the law. According to Art. 152, p. 5, a citizen about whom information was disseminated that defamed his business reputation, honor, dignity, may (together with a refutation of this information) demand compensation for losses and moral damage resulting from these acts.
Clarification of Terms
The victim (his representative) independently determine the forms of harm and the methods of smoothing it down. In Art. 42 of the CPC clarifies the concept. According to the norm, the victim is an individual who suffered moral, property and physical damage as a result of the crime. A legal entity may also be this entity if damage has been caused to its property or business reputation. For each of these types of damage, a specific smoothing method can be used. This term, unlike compensation, implies a wider degree of discretion in establishing the methods and amount of restoration of the violated right of the victim. Actions aimed at redressing harm must necessarily be legal, socially useful in nature and not infringe on the interests of third parties.
Statement of the victim
It is also the legal basis for the completion of a criminal prosecution. The application should indicate the request for the end of the proceedings, the fact of the reconciliation. This paper acts as an important procedural document. In this regard, the statement should be recorded properly. As a rule, this is done in the minutes of the interrogation or directly at the hearing. The application may be recorded as a separate procedural document. It is attached to the case file.
Actions of authorized persons
The circumstances that are connected with the actual will of the victim (representative) should be clarified along with facts indicating that the behavior of the subjects is voluntary and conscious. In this case, it is necessary to be guided by the provision of the Constitution that the state bodies are obligated to ensure the freedoms and human and civil rights. Following the norm, the inquirer, prosecutor, court, investigator must call the person accused or suspected of a crime, and the victim. Authorized persons are required to clarify the rights established by Article 25 of the Code of Criminal Procedure of the Russian Federation, the consequences of reconciliation. The person being prosecuted in the criminal procedure is also explained the conditions of his commission (smoothing out the harm). They, along with the very fact of reconciliation, are documented.
Civil proceedings
The victim should be explained his rights after the end of the criminal prosecution. In particular, if there are any requirements for a person exempted from liability under the Criminal Code, he can present them in civil proceedings. In addition, it is necessary to clarify to the accused or suspect in respect of whom the prosecution has been completed that the testimony he gives, including the obligation to redress harm, can be used by law against him in civil proceedings.
The duty of the prosecutor
The termination of the prosecution is agreed with this official in connection with:
- Reconciliation with the victim.
- Active remorse.
- The possibility of correcting a person under the age of majority by applying coercive measures to him in the form of educational influence.
The prosecutor is obliged to carefully study the available case materials, not limited only to familiarization with the decision of the interrogator or investigator. The authorized person must establish the evidence of the fact of committing an illegal act, compliance with the conditions provided for in the legislation to end the prosecution. In addition, the prosecutor is obliged to check whether the statement of the victim acts as a result of unlawful influence on him.
Conclusion
Terminating the proceedings, the court shall issue the relevant ruling, the interrogating officer, the prosecutor, the investigator shall order. A copy of the decision is sent to the victim, the civil defendant and the civilian. At the end of criminal proceedings in connection with the reconciliation of the parties, the recovery of procedural costs is carried out from one or both parties. This provision is established in Art. 132, part 9 of the CPC. The decision to end the criminal proceedings may be appealed. The procedure for contesting a procedural document is established by Ch. 16 Code of Criminal Procedure. The body that makes the decision to complete the prosecution can set a specific time period after which the participants in the proceedings (the victim and the guilty person) are called again. The investigator or investigator must find out whether reconciliation has been achieved between the parties and whether the accused or the suspect have fulfilled their obligations to make amends. In the case of a positive response, the prosecution may be terminated, with a negative proceeding.