Types of criminal prosecution. The concept of criminal prosecution

The concept of criminal prosecution is the activity of establishing the suspect or accused person who committed the crime. It is carried out by the prosecution.

Procedural actions, conducted before the exposure of the person who committed the criminal act, do not belong to this definition.

Types of criminal prosecution depending on the gravity of the crime can be carried out in a private, mixed order. Consider everything in order.

Criminal prosecution in private

Types of criminal prosecutions include court cases, private accusations initiated on the basis of a statement by the legal representative or the victim himself.

The exception is situations where a person, for reasons of powerlessness or for other reasons, can not independently seek protection. The head of the investigation committee, the investigator or the investigator are entitled to initiate criminal proceedings on behalf of the injured party.

The cases of private accusations, that is, of small gravity, are: beatings, slander, deliberately light injury to health.

The law is allowed to protect their interests and personal rights to the victims in court independently. But only this applies only to cases that are classified by a degree of small gravity.

Such criminal cases are terminated upon the reconciliation of the parties (the accused and the victim). But there is a reservation. Reconciliation is possible until the moment of removal to the advisory room of the court for a decision.

Criminal prosecution in private-public order

Private-public prosecution of criminal cases are instituted upon the application of the injured party or its representative. These cases are.

1. Violation of related and copyrights.

2. Non-compliance with the secrecy of correspondence, postal, telephone conversations or other communications.

3. Violation of housing immunity.

4. Fraud, namely all of its compounds.

5. Waste or appropriation, etc.

Types of criminal prosecution are private-public and private are different. In the second case, the initiated case is terminated due to reconciliation between the parties. In a private-public agreement, the accused and the plaintiff do not influence the outcome of the case. At the same time, the aggrieved party does not have the right to independently defend its interests in court, unlike the private prosecution of cases.

Except in cases when the person who commits a crime of medium or small severity has reconciled with the victim and reimbursed the damage (damage) caused to him.

Criminal prosecution in public

Cases are publicly initiated on the initiative of the prosecutor. Also it can be an investigator or an investigator. A statement from the injured party or its representatives is not required to initiate a case.

To public cases are cases that are not private or mixed.

Types of criminal prosecution of a public nature differ from a private-public charge by the severity of a crime.

Authorized persons entitled to criminal prosecution

Who are they? The Code of Criminal Procedure singles out several subjects entitled to the right of the prosecution in question. Representatives of the charge for mixed and public cases are the prosecutor, investigator or investigator. If there are signs that indicate the commission of a crime, their purpose is to restore an event, a violation or an act. They also have to determine the person or persons who committed the crime. In this case, the victim is protected. From the side of the injured party, it is obligatory that his legal representative participate. Perhaps in the production of the case, the presence of a civil plaintiff and his counsel.

The requests, requests and instructions of the participants of the process from the accusatory side, submitted within the limits of authority, are binding for execution.

The prosecutor has the right to conclude a pre-trial agreement in a criminal case after his initiation with the accused or suspect.

Prosecution bodies

The bodies conducting criminal prosecution include such structures.

1. Investigative Committee under the Prosecutor's Office of Russia.

2. Departments of Internal Affairs.

3. The prosecutor's office.

Pre-trial prosecution

The criminal case, on which pre-trial proceedings are conducted, can pass the following stages of prosecution.

1. Initiation of a case by initiating criminal prosecution.

2. If the prosecutor reveals the facts that testify to the commission of a crime, the case materials are sent to the inquiry body or the investigation committee to resolve the issue of criminal prosecution.

3. The giving of written instructions to the investigator about the progress of the investigation and the ongoing procedural actions.

4. Confirmation of the indictment or conclusion on the criminal case.

5. Prolongation of the terms of inquiry.

6. Approval of the decision made by the investigator on the termination of proceedings in the case.

7. Participation in judicial and pre-trial meetings

8. Return of the criminal case with written instructions to the investigator or investigator for the purpose of additional investigation.

9. Amendment of the indictment or imprisonment.

The Code of Criminal Procedure also empowers the investigator (as an official) to carry out preliminary proceedings. The representative of the victim in question is also a subject pursuing prosecution in mixed and public cases, and is also a party to the prosecution. The prosecution by the criminal investigator consists in collecting incontrovertible evidence that incriminates a suspect or accused by proving guilt in committing a crime.

The curator of the investigative body is entitled to a legal right to prosecute through the leadership of the preliminary investigation.

The head of the body of inquiry and the structure itself, unlike the investigators, are authorized to carry out the prosecution in criminal cases (for which preliminary investigation is not necessary). They are also entitled to initiate criminal cases and conduct operational search activities.

Initiation of persecution

The grounds for prosecution in a mixed and private manner start with the application of the injured party. This can also be done by a legal representative of a citizen. The application can be submitted directly to the world court. This rule applies to cases where the victim is accurately aware of the person who committed the crime. But most often the application is submitted to the police. After the relevant preliminary verification and identification of the signs indicating the committed act, the material of the investigation in the case is transferred to the magistrate. The applicant is notified about this.

The grounds for prosecuting a public prosecution.

1. Statement of the victim.

2. Presentation of the report indicating the existence of signs of the committed act.

3. Turnout with confession, etc.

After a preliminary check, a corresponding decision is issued, indicating the initiation of the case, which is notified to the prosecutor.

Grounds for termination of criminal prosecution

The reasons for this are the factors listed below.

1. Absence of an act.

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 the limitation period for criminal prosecution.

4. Death of the accused or suspect.

5. Absence of a judicial opinion indicating the signs of a crime.

6. Absence from the victim of the application.

7. Reconciliation of the victim and the accused.

8. Changing the situation. For example, the perfect act ceased to be dangerous.

The reasons for the end of the persecution

The termination of a criminal case (criminal prosecution) has a number of reasons, which are the factors listed below.

1. The person is not involved in the commission of a crime. This happens with the proof that the citizen did not commit a punishable act. Or, when the complete certainty of the commission of a crime by a suspect or accused person is evident.

2. The existence of an act of amnesty.

3. Reconciliation of the parties.

4. Presence of a court decision that has become valid under the same charge, on which the criminal case has been terminated.

5. Refusal to deprive the President of Russia of the powers of the State Duma of the Federal Assembly.

6. Active repentance.

7. The person who committed the crime does not fall under criminal responsibility because of insufficient age.

Such are the grounds for the termination of criminal prosecution under the law of the Russian Federation.