Refusal to open a criminal case: can it be challenged?
According to modern laws, the criminal case is notcan always be brought to its logical conclusion. In some cases, the judge and the prosecutor may issue a resolution refusing to initiate it. Of course, the case can be stopped only if there are serious grounds for this.
Grounds for refusing to initiate criminal proceedings
Modern laws clearly indicate the cases when it is necessary to refuse to initiate a criminal case or to stop the investigation that has already begun.
First of all, the criminal case is terminated in cases where there are no events of crime. For example, there was not murder, but suicide, etc.
In addition, the reason for closing the case may beabsence of corpus delicti in this or that event. For example, some incident did take place, but it is not a violation of the Criminal Code.
Refusal to institute criminal proceedings may haveanother reason: this is due to the expiration of the statute of limitations of the offense. The timeframe for a crime is clearly stated in the Criminal Code.
And, of course, a criminal case can not beopen against the deceased person (a potential criminal). Exceptions are only those cases when it is necessary to cleanse the reputation of the deceased.
In addition, the legislation provided for other reasons for the termination of the case in relation to a particular person.
First of all, it should be noted that the refusal tothe initiation of a criminal case will follow if in the course of the investigation it is established that the accused person is not involved in the crime that has occurred. A person can not be convicted for the same offense twice - this can also serve as the basis for refusal.
Refusal to initiate criminal proceedings mayoccur as a result of amnesty. In addition, the law does not permit the prosecution of a person whose age is still insufficient for full criminal responsibility.
Failure can also occur in cases where a person lags behind in mental development and acts by someone else's intuition, without realizing all possible consequences.
If after the investigation nothe grounds for initiating a criminal case were never found, the investigator, the prosecutor and the investigator may issue a resolution to terminate the investigation.
Complaint about refusal to initiate criminal proceedings
The decision that the criminal case has been terminated, you can try to challenge. In such cases it is necessary to follow certain requirements of the law.
To begin with, you should carefully read thedocument proving this decision. The main thing here is to determine the reason for the termination of the criminal case. If no crime was found during the investigation, then it is practically pointless to file a complaint.
Sometimes, in order to have a basis forchallenging the resolution, you need to familiarize yourself with all the verification materials. Of course, you can see them only after obtaining permission. Therefore, you need to make a statement (it must meet some requirements, so it's better to use the services of a lawyer) and send it to the investigator. You can do this by using the services of any post office. If you decide to give the application right in your hands, you must stock up on two copies: one you give to the investigator, and the other remains with you. On your copy, the person to whom you handed the document must leave a signature and date.
After your application has been processed,you will be informed of the date and place where you need to arrive in order to familiarize yourself with all the required materials. By the way, another person can study the papers, but for this the applicant must sign a power of attorney. If the materials of the case give rise to challenge the decision on the refusal, it is necessary to draw up a written complaint and file it with the district court.
After the time has elapsed, the court decision will comeeither approve or reject the complaint. The whole process of filing a complaint, of course, can be done independently. But all the same it is better to use the services of a lawyer, since qualified help will help to avoid mistakes and speed up the process.