Termination of criminal prosecution and criminal case (Article 27 of the Code of Criminal Procedure)

In the legal practice and literature there are often concepts of criminal prosecution and criminal case. Many people think that this is the same thing - the termination of one entails the automatic termination of the other. However, this is not always the case.

Criminal case

The proceedings commence at the time when there is a document stating that the case has been initiated, which the investigator or the investigator is taking. In addition, before this, urgent preliminary actions can be conducted, which, in themselves, are already an investigation into the crime.

In a criminal case, special actions must be taken in any case, even if a suspect is not found. In the case may appear as one criminal, and several. While the relevant authorities are engaged in the search for the perpetrator, they collect in parallel the evidentiary basis: physical evidence, records of interrogations of witnesses, the victim (or the person who replaces him) or the circumstances of the criminal event.

If all the circumstances have already been clarified and the suspect is not identified, the proceedings are suspended until the person found guilty is found. Thus, it is clear here that the criminal case is not individualized.

The termination of the criminal case is entirely possible on the grounds listed in provision 24 of the Code of Criminal Procedure.

The pursuit

Persecution, from the point of view of the layman, is associated directly with the pursuit, tracking and other similar actions.

However, according to Article 27 of the CCP RF, prosecution in connection with a criminal act is a function aimed at exposing the guilty person.

This procedure can only be carried out by specially authorized persons - investigators, investigators and prosecutors. In the literature it is mentioned that criminal prosecution can be performed by other persons who participate in the case, but here it is said, most likely, only about participation in the persecution.

Object of criminal prosecution

A person who can be prosecuted, as evidenced by Article 27 of the Code of Criminal Procedure with comments, can only be specific physical. The penal code does not provide for the liability of legal categories of persons.

If the crime case can be opened for any facts that have occurred, regardless of whether the suspect is identified, then criminal prosecution is possible only against a specific person (Article 27 of the RF Code of Criminal Procedure with the comments of 2015).

The essence of persecution

Criminal procedural activity, as already noted, is an activity to expose the perpetrator. Thus, evidence is collected on the fact, as a result of which the person who allegedly committed the crime is identified. Further activities are aimed at proving this fact: checking alibi, search, wiretapping, seizure of documents and more.

Accordingly, these actions are applied to a particular person, and not to all participants in the case.

It is worth noting that the prosecution is not in itself an accusation, although it requires a decision to bring a citizen as an accused person, on the basis of which various checks are carried out and evidence of the person's guilt is collected. According to Article 27 of the Code of Criminal Procedure (with comments of 2014/2015), the concept of cancellation of criminal prosecution can be considered only after the criminal case is officially instituted and the suspect is identified.

Legally significant consequences

In the process of investigation, it may be that the person who has been prosecuted is innocent, that is, there is solid evidence of this fact. In this case, the procedural component under consideration is terminated, and it is possible to start a new case, but with respect to another citizen.

For those who are released from the purposeful functions of a criminal nature under Part 1 of Article 27 of the Code of Criminal Procedure or on other grounds, there are no legal consequences. First of all, it should be remembered that persecution is not a final stage, but an intermediate stage. Also worth recalling the criminal code, which states that a person can be convicted only by a court decision. It is here that legal consequences arise in the form of criminal record, etc.

Correlation of the case and the persecution

The abolition of criminal prosecution does not mean the termination of the case, but not vice versa and not always. In simple words, if a citizen has ceased all activities, it is not necessary that they close the case - it is necessary to find a criminal, collect new evidence, etc.

However, if the criminal case is terminated on specially provided grounds, the prosecution will be terminated automatically, according to Article 27 of the RF CCP, automatically: there is no case - there is no procedural action.

Causes of the termination of the case

In order to stop the persecution, it is necessary that some conditions are met. But first of all it would be worth paying attention to the factors for the termination of all actions in the case, since this entails an automatic cancellation of the prosecution. A criminal case may be closed (or not initiated), in turn, on the grounds provided for in Part 1 of Article 24 of the Code of Criminal Procedure .

1. If there is no corpus delicti. Thus, if there is no subject, object and the crimes related to them, the composition is absent.

2. If there is no crime event. Here we mean that there have been some actions, but for them, for certain reasons, there is no punishment in the criminal code. However, measures may be provided for in the administrative code.

3. If the suspect or the accused has died. However, the case may be instituted (or can not be terminated) if the process is necessary for the rehabilitation of the deceased.

4. If there is no application of the victim. It is necessary in some cases, in cases not affecting global public relations, such as under Article 109 of the Criminal Code of the Russian Federation - beatings, under Article 158 of the same code - fraud, and others.

Additional grounds

In addition, if a criminal case was initiated, and the new legislative act penalizes such a crime is canceled, then the case is closed (not suspended).

Thus, if it is impossible to initiate a case or upon its termination, the persecution ends. This is mentioned in paragraph 2 of Part 1 of Article 27 of the Code of Criminal Procedure.

However, there are special features when the termination of the prosecution leads to the termination of the criminal case. This will be the case if the prosecution is completed for all the suspects (accused), except for the grounds specified by part 1 of paragraph 1 of Article 27 of the CCP RF.

Grounds for Completing the Persecution

As already noted, the prosecution ends in connection with the termination of the proceedings. However, this is not the only condition under which prosecution can be completed.

According to the comments to the Code of Criminal Procedure, procedural actions may not be stopped for all participants, but only for the citizen who is suspected. In the explanations to Article 27 of the Code of Criminal Procedure, there are several cases in which this occurs:

- non-participation of the suspect;

- document on amnesty;

- the end of the statute of limitations;

- the lack of consent of the court to prosecute for such persons who have official immunity;

- If individual episodes in the case did not find confirmation.

Features of the termination of criminal prosecution: amnesty

In more detail, it is necessary to consider termination positions, such as amnesty (Article 27 part 1 of the RF Code of Criminal Procedure) and other ambiguous conditions.

The termination of proceedings in connection with amnesty should imply that by means of this act a citizen is released from criminal liability. Therefore, in relation to a person, the amnesty must be absolute. If, with the help of this document, only the nature of the punishment is changed to a softer one or the term is shortened, the criminal prosecution continues.

Terms and age

The termination of the time-limit for the commission of an act (Clause 3 Part 1, Article 27 of the CCP RF) also entails the repeal of criminal prosecution. For example, participation in a juvenile's crime is characterized by a reduction in the statute of limitations by half, according to Article 94 of the Criminal Code. Therefore, if such circumstances occur, the persecution ceases.

In addition, age itself is important. So, under part 3 of Article 27 of the Code of Criminal Procedure, if a citizen has not reached adulthood, or because of mental disorders, did not realize his actions, the criminal procedural prosecution is terminated.

The existence of a resolution

Important is the presence (or detection) in the judicial session of the decision of officials to abolish criminal proceedings specifically for this crime in relation to the same person. That is, if the case has already been examined or investigated, and it is clarified that this person is not involved in the act, the law provides for the impossibility of re-bringing the person to responsibility for the same crime.

Episodes

Criminal prosecution for the episodes also takes place, and besides this, criminal prosecution is episodically stopped. So, if in a criminal case several episodes, that is, several interrelated crimes, a criminal case is opened for all and a guilty person is identified for each of them. If initially it was assumed that all the acts were committed by one person, persecution begins in his relation (or to reveal it).

If it is proved (by the lack of evidence, including) that in some criminal acts a particular person is not involved, then according to the episodes to which the person is not involved, the criminal prosecution ends. For all the rest, this procedural action continues. And for those to which the citizen has no relation, - continues (the guilty person is determined, etc.).

Criminal prosecution is not canceled if the offender objects to the revocation of this procedural act (Part 2, Article 27 of the RF Code of Criminal Procedure).

Service immunity

In some cases, criminal prosecution can not be carried out. Either it is carried out, but together with other procedural actions, by a court decision. To individuals who have immunity, there are several groups:

- employees of diplomatic organizations that are not citizens of the Russian Federation;

- heads of foreign countries and governments;

- employees of consular offices;

- employees of international organizations;

- representatives of countries in international organizations;

- Military of some categories, persons of inspection posts and crew of flight crews.

All these persons are immune to varying degrees (somebody is full, some are partial), but in any case, procedural actions for this group of people can be carried out only by a court decision.