According to current laws, criminal proceedings may not always be brought to its logical conclusion.In some cases, the judge and the prosecutor may issue an order to dismiss his excitement.Of course, the case can be stopped only in the case, if it has good reason.
Grounds for refusal to institute criminal proceedings
modern laws clearly indicate those cases where it is necessary to abandon the criminal case or terminate an investigation has begun.
The first criminal case was stopped in cases where no evidence of a crime.For example, there has been no murder, and suicide, etc.
In addition, the reason for the closure of the case can be a lack of evidence in a particular event.For example, some incident really took place, but it is not a violation of the Criminal Code.
refusal to institute criminal proceedings may have a different reason: it is due to the lapse of time of the offense.The time frame of a crime is clearly shown in the Criminal Code.
And, of course, a criminal case can not be opened in respect of the deceased person (potential criminal).The only exceptions are cases where it is necessary to cleanse the reputation of the deceased.
In addition, legislation has provided other reasons for dismissal of the case in relation to a specific person.
For a start it is worth noting that the refusal to initiate criminal proceedings followed in the event that in the course of the investigation it is established that the accused person was not involved in the crime occurring.A person shall not be convicted of the same crime twice - it can also serve as a basis for refusal.
refusal to institute criminal proceedings may be the result of an amnesty.In addition, the law does not permit the prosecution of a person whose age is still insufficient to carry a full criminal responsibility.
Failure can come in those cases, if a person falls behind in mental development and act on another's whim, without knowing all the possible consequences.
If after the investigation is no basis for a criminal case and was not found, the investigator, the prosecutor and the investigator can decide to terminate the investigation.
complaint about the refusal to institute criminal proceedings
Ordinance that the criminal case is closed, you can try to challenge.In such cases, you need to follow certain legal requirements.
First we need to carefully read the document testifying to this decision.The main thing here - to determine the cause of the termination of criminal proceedings.If in the course of the investigation found no elements of a crime, then file a complaint with virtually meaningless.
Sometimes, in order to have grounds for contesting the decision, you need to familiarize yourself with all the materials testing.Naturally, they can be seen only after receiving permission.Therefore it is necessary to make a statement (it must meet certain requirements, so it is best to use the services of a lawyer) and send it to the inquirer.You can do this by using the services of any post office.If you decide to give the application right in your hands, you should stock up in two copies: one pass investigator, and the second is you.In your copy of the person you are handed a document to leave the signature and date.
Once your application is reviewed, you will be told the date and location where you want to come in order to familiarize yourself with all the required materials.By the way, the study of securities may be engaged and the other person, but that the applicant must sign a power of attorney.If the materials of the case give rise to challenge decisions not need to make a written complaint and submit it to the district court.
When the time comes a court decision that either approve or reject the complaint.The whole process of filing a complaint, of course, can be carried out independently.But it is better to use the services of a lawyer, as qualified assistance will help to avoid mistakes and speed up the process.
