In legal practice and literature,there are concepts of criminal prosecution and criminal case. Many people think that this is the same thing: stopping one leads to the automatic termination of the other. However, this is not always the case.
The proceedings commence at the time,when there is a document that the case is initiated, which is carried out by the investigator or the investigator. In addition, before this, urgent preliminary actions can be conducted, which, in themselves, are already an investigation into the crime.
In a criminal case, specialactions in any case, even if the suspect is not found. In the case may appear as one criminal, and several. While the relevant authorities are engaged in the search for the perpetrator, they collect in parallel the evidentiary basis: material evidence, the records of interrogations of witnesses, the victim (or the person who replaces him) or the circumstances of the criminal event.
If all the circumstances have been clarified, andthe suspect is not identified, the proceedings are suspended until the guilty person is found. Thus, it is clear here that the criminal proceedings are not individualized.
The termination of a criminal case is entirely possible on the grounds listed in provision 24 of the Code of Criminal Procedure.
Persecution, from the point of view of the layman, is associated directly with the pursuit, tracking and other similar actions.
However, according to Article 27 of the CCP RF, prosecution in connection with a criminal act is a function aimed at exposing the guilty person.
This procedure can only be carried out byspecially authorized persons - investigators, investigators and prosecutors. In the literature it is mentioned that criminal prosecution can be performed by other persons who participate in the case, but here it is said, most likely, only about participation in the persecution.
Object of criminal prosecution
A person that can be drawnpersecution, as described in Article 27 of the Code of Criminal Procedure with comments, can only be specific physical. The penal code does not provide for the liability of legal categories of persons.
If the crime case can be institutedfor any facts that took place, regardless of whether the suspect is identified, then criminal prosecution is possible only against a specific person (Article 27 of the RF CPC with the comments of 2015).
The essence of persecution
Criminal procedural activity, as alreadyit was noted, is the activity of exposing the perpetrator. Thus, evidence is collected on the fact, as a result of which the person alleged to have committed the crime is identified. Further activities are aimed at proving this fact: checking alibi, search, wiretapping, seizure of documents and more.
Accordingly, these actions apply to a particular person, and not to all participants in the case.
It should be noted that the criminal prosecution is notis in itself an accusation, although for its production it is necessary to order a citizen as an accused person, on the basis of which various checks are carried out and evidence of the guilt of that person is collected. According to Article 27 of the CCP RF (with comments of 2014/2015), the concept of cancellation of criminal prosecution can be considered only after the criminal case has been officially opened and the suspect is identified.
Legally significant consequences
In the process of investigation, it may turn out thata person who has been prosecuted is innocent, that is, there is solid evidence of this fact. In this case, the procedural component under consideration is terminated, and it is possible to start a new case, but with respect to another citizen.
For those who are freed from targetedfunctions of a criminal nature under Part 1 of Article 27 of the Code of Criminal Procedure or on other grounds, there are no legal consequences. First of all, it should be remembered that persecution is not an end stage, but an intermediate one. Also worth recalling the Criminal Code, which states that a person can be convicted only by a court decision. It is here that legal consequences arise in the form of criminal record, etc.
Correlation of the case and the persecution
The abolition of criminal prosecution is notmeans the termination of the case, but not vice versa and not always. In simple words, if the citizen has stopped all activities, it is not necessary that they close the case - it is necessary to find a criminal, collect new evidence, etc.
However, if the criminal case is terminated on specially provided grounds, the prosecution stops automatically, according to Article 27 of the RF CCP, automatically: there is no case - there is no procedural action.
Causes of the termination of the case
In order to stop the persecution,it is necessary that some conditions are met. But first of all it would be worth paying attention to the factors for the termination of all actions in the case, since this entails an automatic cancellation of the prosecution. A criminal case may be closed (or not initiated), in turn, on the grounds provided for in Part 1 of Article 24 of the Code of Criminal Procedure.
1. If there is no corpus delicti. Thus, if there is no subject, object and the crimes related to them, the composition is absent.
2. If there is no crime event. Here we mean that there have been some actions, but for them, for certain reasons, there is no punishment in the criminal code. However, measures may be provided for in the administrative code.
3. If the suspect or the accused has died. However, the case may be instituted (or can not be terminated) if the process is necessary for the rehabilitation of the deceased.
4. If there is no application of the victim. It is necessary in some cases, in cases not affecting global public relations, such as under Article 109 of the Criminal Code of the Russian Federation - beatings, under Article 158 of the same code - fraud, and others.
In addition, if a criminal case was initiated, and the new legislative act penalizes such a crime, the case is closed (it is not suspended).
Thus, if it is impossible to initiate a case or upon its termination, the persecution ends. This is mentioned in paragraph 2 of Part 1 of Article 27 of the Code of Criminal Procedure.
However, there are particularities when the terminationprosecution leads to the termination of the criminal case. This will be the case if the prosecution is completed for all the suspects (accused), except for the grounds specified by part 1 of paragraph 1 of Article 27 of the CCP RF.
Grounds for Completing the Persecution
As already noted, the prosecution ends in connection with the termination of proceedings in the case. However, this is not the only condition under which persecution can be completed.
According to the comments to the Code of Criminal Procedure, proceduralactions can be stopped not for all participants, but only in relation to the citizen who is suspected. In the explanations to Article 27 of the Code of Criminal Procedure of the Russian Federation, there are several cases in which this occurs:
- non-participation of the suspect;
- document on amnesty;
- the end of the statute of limitations;
- the lack of consent of the court to prosecute for such persons who have official immunity;
- if individual episodes in the case did not find confirmation.
Features of the termination of criminal prosecution: amnesty
In more detail, it is necessary to consider cessation clauses, such as amnesty (art. 27 part 1, cl. 3 of the CCP RF), and other ambiguous conditions.
Termination of Proceedingsin connection with the amnesty must imply that with the help of this act a citizen is released from criminal liability. Therefore, in relation to a person, the amnesty must be absolute. If, with the help of this document, only the nature of the punishment is changed to a softer one or the term is shortened, the criminal prosecution continues.
Terms and age
The end of the time limit for the commission of an act (para.3 Part 1, Article 27 of the Code of Criminal Procedure) also entails the abolition of criminal prosecution. For example, participation in a juvenile's crime is characterized by a reduction in the statute of limitations by half, according to Article 94 of the Criminal Code. Therefore, if such circumstances occur, the persecution ceases.
In addition, age itself is important. So, under part 3 of Article 27 of the Code of Criminal Procedure, if a citizen has not reached adulthood, or because of mental disorders, did not realize his actions, the criminal procedural prosecution is terminated.
The existence of a resolution
An important factor is the presence (ordetection) in the court session of the decision of officials on the abolition of criminal procedure specifically for this crime in relation to the same person. That is, if the case has already been examined or investigated, and it is clarified that this person is not involved in the act, the law provides for the impossibility of re-bringing the person to responsibility for the same crime.
The prosecution of the episodes also hasthe place to be, and besides this, the criminal persecution comes to an end. So, if in a criminal case several episodes, that is, several interrelated crimes, a criminal case is opened for all and a guilty person is identified for each of them. If it was originally assumed that all the acts were committed by one person, persecution begins in his relation (or to reveal it).
If proven (lack of evidence, includingnumber) that in certain criminal acts a particular person is not involved, then on episodes to which the person is not involved, the criminal prosecution ends. For all the rest, this procedural action continues. And for those to which the citizen has no relation, - continues (the guilty person is determined, etc.).
Criminal prosecution is not abolished if the offender objects to the revocation of this procedural act (Part 2, Article 27 of the Code of Criminal Procedure).
In respect of some persons, criminal prosecutioncan not be implemented. Either it is carried out, but together with other procedural actions, by a court decision. Persons who are immune include several groups:
- employees of diplomatic organizations that are not citizens of the Russian Federation;
- heads of foreign countries and governments;
- employees of consular offices;
- employees of international organizations;
- representatives of countries with international organizations;
- military of some categories, persons of inspection posts and crew of flight crews.
All these persons have immunity to varying degrees (someone full, some partial), but in any case, procedural actions for this group of people can be carried out only by court order.</ p>