Art. 25 of the Code of Criminal Procedure with comments

Art. 25 of the Code of Criminal Procedure states that, upon the application 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 medium and small severity, committed for the first time. Let's consider further art. 25 of the Code of Criminal Procedure with comments.

General information

Cases of exemption from liability are established by rule 76 of the Criminal Code of the Russian Federation. Art. 25 of the Code of Criminal Procedure clarifies and specifies 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 investigator by agreement with the prosecutor. The case may be terminated under Art. 25 of the Code of Criminal Procedure if reconciliation has taken place between the accused / suspect and the victim. In addition, the damage caused to the latter must be smoothed out.

Art. 25 CCP RF: comment

Exemption from responsibility for a crime expresses a consensual way of settling the conflict. The possibility provided 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 proliferation of discretionary principles in cases involving acts of medium or small severity that have 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 ways of resolving conflicts

The introduction into practice of new methods for resolving a criminal legal dispute is considered today as one of the most important features of the development of virtually all existing legal systems. Within the framework of 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 pursuit. Legislation, therefore, in the duties of the authorized bodies provides for the possibility to refuse to continue the proceedings in the case or to complete it. However, the standards make mandatory requirements.

Discretionary powers

Completion of the criminal prosecution on the basis of Art. 25 of the Code of Criminal Procedure acts as the law, but not the duties of state bodies authorized to conduct investigative measures. In the process of taking a decision, 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 importance of the investigated case, considerations regarding the effectiveness and expediency of the criminal prosecution.

Reconciliation of the parties

It refers to the substantive non-rehabilitating grounds for completing the criminal case. Reconciliation has a certain form. Its participants are the subjects of the criminal process - the victim (representative) and the person against whom the prosecution is being carried out for the first time. According to Part 1 of Art. 25 CCP RF reconciliation is a prerequisite for the completion of the proceedings. It always acts as a mutual will of the parties, that is, it is not one-sided. If the victim (representative) expresses the desire for reconciliation, even issued procedurally in the form of a petition for the end of the persecution, and the accused or suspect argues against it, then the mandatory condition is not met. Consequently, Art. 25 of the Code of Criminal Procedure can not be applied. In this case, the completion of the case is carried out in accordance with Part 2, Art. 27 of the Code of Criminal Procedure.

An Important Moment

In preparing for the court hearing, the victim should be explained the possibilities provided for in Art. 25 of the Code of Criminal Procedure, the consequences of such actions. In the Code there are no indications of the time limits of reconciliation. It should be assumed that it can happen before the removal of authorized persons to the advisory room, where they will be sentenced. In this situation, there is an analogy with Art. 20, part 2 of the Code.

Legal composition

Art. 25 of the Code of Criminal Procedure is applicable in cases where:

1. Criminal prosecution is carried out for the first time in relation to the subject of the crime.
2. A person is accused or suspected of an act of a slight or moderate severity.

Legal conditions for the termination of the persecution:

1. Criminally-material. These include the reconciliation of the parties, which should be voluntary and valid, as well as the smoothing by the subject of the crime of the harm inflicted on the victim.

2. Criminal Procedural. They are:

• The application of the victim (representative);
• Making an appropriate decision by an authorized person within its competence;
• The consent of the prosecutor when the decision is made by the inquirer or the investigator;
• Observance of the procedural form.

Smoothing Harm

It has a civil law nature. Smoothing the harm done to the victim is always accompanied by repentance and refusal of further violations of the legislative norms. In this regard, we should pay attention to Art. 76 of the Criminal Code. It applies exclusively to the perpetrators of the crime for the first time. Harm reduction should be understood as real restoration of the rights of the victim who have been violated, or compensation in any form of material damage or moral damage caused to him or to the property that he owns . This provision is contained in Art. 15 of the Civil Code. At this rate, a person whose right was violated may demand full compensation for the losses that have been incurred to him, unless the contract or law establishes compensation in a smaller amount. According to Art. 152, item 5, a citizen about whom data was disseminated, discrediting his business reputation, honor, dignity, may (together with refutation of this information) claim compensation for losses and moral damage arising from these acts.

Clarification of terms

The victim (his representative) independently determines the forms of harm and methods of its smoothing. In Art. 42 The CCP clarifies the concept. According to the norm, the victim is an individual who suffered moral, property and physical damage as a result of a crime. This entity can also be a legal entity if its property or business reputation has been harmed. For each of these types of damage, a certain smoothing method can be applied. This term, unlike reparation, implies a wider degree of discretion in determining the ways and magnitude of restoring the violated right of the victim. Actions aimed at redressing harm must necessarily have a legitimate, socially useful character and do not infringe upon the interests of third parties.

Statement of the victim

It is also the legal basis for completing the criminal prosecution. The application should indicate the request for the end of production, the fact of the reconciliation. This paper acts as an important procedural document. In this regard, the application must be properly recorded. As a rule, this is done in the protocol of interrogation or directly in court. The application can be recorded as a separate procedural document. It is attached to the case materials.

Actions of authorized persons

Circumstances that are related to the actual will of the victim (representative) must 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 state agencies are subject to the obligation to ensure freedoms and human and citizen rights. Following the rule, the investigator, the prosecutor, the court, the investigator must call the person accused of either the suspect in the crime or the victim. Authorized persons are required to clarify the rights that are established by Article 25 of the Code of Criminal Procedure, the consequences of reconciliation. The person prosecuted in a criminal procedure also explains the conditions for his commission (smoothing out the harm). They, along with the very fact of reconciliation, are documented.

Civil production

The victim must be explained his rights after the end of the criminal prosecution. In particular, if there are any requirements for the person released from responsibility under the Criminal Code, he can present them in the civil proceedings. In addition, the accused or suspect with respect to whom the prosecution has been completed needs to be explained that the testimony that he gives, including those relating to the obligation to redress the harm, can by law be used against him in the civil process.

Obligation of the prosecutor

With this official, the termination of the prosecution in connection with:

1. Reconciliation with the victim.
2. Active repentance.
3. The possibility of correcting a person who has not reached adulthood by applying coercive measures to him in the form of educational influence.

The prosecutor is obliged to carefully examine the available materials of the case, not limiting himself only to acquaintance with the decision of the investigator or the investigator. The authorized person must establish the evidence of the fact of the commission of an unlawful act, the observance of the conditions provided for in legislation to stop the prosecution. In addition, the prosecutor is obliged to check whether the victim's statement does not act as a result of an unlawful impact on him.

Conclusion

Terminating the proceedings, the court shall issue a corresponding determination, the inquirer, the prosecutor, the investigator - the ruling. A copy of the decision is sent to the victim, civil defendant and 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 sides. This provision is set in Art. 132, part 9 of the Code of Criminal Procedure. The decision on the termination of criminal proceedings can be appealed. The procedure for challenging the procedural document is established in Ch. 16 of the Code of Criminal Procedure. The body that decides to end the persecution may set a specific deadline, after which the participants in the proceedings (the victim and the guilty person) are summoned again. The investigator or the investigator must find out whether reconciliation has been achieved between the parties, and whether the accused or the suspect has fulfilled the obligation to pay damages. In the case of a positive response, prosecution may be terminated, with negative proceedings continuing.