Any committed crime should notto go unpunished. The perpetrator is liable to criminal liability for his wrongful act and must bear the appropriate severity of punishment. In order to bring the criminal to justice, criminal prosecution is carried out against him. Evidence is collected to confirm his guilt, witnesses are questioned, searches are conducted, seizures are taken, preventive measures are taken, and other investigative actions are carried out.
Concept and types of criminal prosecution
This term is understood as proceduralthe activities of the prosecution, aimed at exposing a particular suspect, the accused, who committed the crime. This activity is legally enshrined in the Criminal Procedure Code.
It is customary to classify criminal prosecution into species depending on the nature of the crime, as well as the degree of severity. It can be carried out:
- privately. For criminal cases of this category, the statement of the injured party is mandatory. They may terminate at any stage of the criminal proceedings until they are removed to the deliberation room of the court for sentencing. The list of articles of the Criminal Code relating to this category is given in art. 20 CCP. This is slander (Article 129, part 1), beating (Article 116 part 1), insult (Article 130), etc.
- in a private-public manner. It also requires the application of the victim, but the cases are not subject to termination because of the reconciliation of the parties. As an exception in Art. 25 of the Code of Criminal Procedure provides for the right of the prosecutor to stop cases and criminal prosecution in cases specified in article 76 of the Criminal Code when committing crimes of small or medium gravity, provided that they reconcile with the victim and smooth out the harm caused. The same right was granted to the investigator and the investigator, but only upon the consent of the prosecutor).
This category includes: rape (art. 132 Part 1), violations of the secrecy of correspondence (Article 138 part 1) and copyright (Article 146 part 1), etc. Thus, the case of private prosecution and public-private is initiated only on the basis of a statement. However, there is an exception provided for in Art. 20 CCP. According to part 4, the prosecutor can initiate a case without an application if the victim depends in some way on the offender or can not exercise his rights independently for various reasons. The same right is granted to the investigator and the investigator, but they can only realize it with the consent of the prosecutor.
- in public. This is all the other criminal cases. They are excited regardless of the presence of a person's application when establishing the presence of a crime and are not subject to termination in case of reconciliation.
Criminal prosecution is carried out in different ways incommunication with the need to take into account the interests of the victim as much as possible, since often he may not be interested in initiating a case, especially when the culprit is a close relative. In practice, it is not uncommon for victims to "write in their hearts" a statement about their relatives, wanting to attract them on articles relating to private-public accusations, and the next day they try to take the statement back, having reconciled with the offender, but this is no longer possible, since the case is initiated and can not be terminated. That's why you should not make a decision "hot".
Termination of criminal prosecution
The grounds for termination are:
- The absence of an event of a crime, that is, if it did not take place in reality;
- lack of composition;
- death of a suspect;
- the expiration of the statute of limitations;
- reconciliation of the parties;
- changing the situation;
- active repentance;
- the person's non-participation in the crime;
- act of amnesty.