Legal services in the preparation of protests, complaints, statements in connection with criminal prosecution is carried out in accordance with the law. Getting the right legal services is an important factor in determining cases that exclude criminal prosecution.
The stages of a criminal prosecution include an initial investigation, which includes criminal prosecution, types of criminal prosecution and pre-trial proceedings, including termination of criminal prosecution.
Articles 37-38-39-40-41 of the Code of Criminal Procedure give a definition to the concept, nature, and types of criminal prosecution, its implementation obligations, cases of exclusion of criminal prosecution, cases of the beginning of criminal prosecution, and the procedure for terminating criminal prosecution.
What is criminal prosecution?
Article 7 of the Code of Criminal Procedure defines criminal prosecution as a criminal procedure carried out in order to establish the event of a crime, to expose a person who has committed an act under the criminal law, to bring charges against him, to maintain this charge in court, to sentence him, to provide for measures if necessary procedural coercion. Criminal prosecution has a special place in the criminal process, and its content is set forth in detail in the Code of Criminal Procedure.
Types of Prosecution
It should be noted that, depending on the nature and severity of the crime, criminal prosecution is carried out in accordance with the provisions of the criminal procedure legislation in the form of private, public-private or public charges. A private prosecution is carried out only upon the complaint of the victim. For crimes specified in Articles 147, 148, 165.1 and 166.1 of the Criminal Code, and terminated by the reconciliation of the victim with the accused until the court is removed to the deliberation room.
Public-private prosecution is carried out on the basis of a complaint by the victim or on the initiative of the prosecutor in some cases. Unlike private prosecution, public-private prosecution cannot be terminated by reconciling the victim with the accused, except as provided for in articles 73 of the Criminal Code.
Criminal prosecution circumstances
The public prosecutor, having revealed in court circumstances that exclude criminal prosecution, must declare refusal of criminal prosecution against the accused. The refusal to prosecute in private prosecution depends only on the will of the victim. In this case, the private prosecution proceedings are terminated by the court.
Article 39 of the Code of Criminal Procedure specifically indicates cases where criminal prosecution cannot be instituted and the institution initiated must be terminated (including the criminal case cannot be instituted, and proceedings in the case initiated must be terminated) in the following cases:
- In the absence of a crime event;
- If there is no corpus delicti in the act;
- For the limitation period of criminal prosecution;
- If, at the time of the commission of an act provided for by criminal law, the person who committed it has not reached the age at which criminal liability is possible;
- With the death of a person following the commission of an act provided for in criminal law (with the exception of circumstances in which rehabilitation of the deceased is necessary);
- If there is a court verdict that has entered into legal force or a canceled decision of another court that makes criminal prosecution impossible, with respect to a person on the same charge;
- If there is a decision of the interrogating officer, investigator or prosecutor on the rejection of the initiation of a criminal case or on its termination in respect of a person on the same charge;
- If a person is subject to exemption from criminal liability under an amnesty act.
The prosecution of a person also ends if the person is not charged with a crime or has not been convicted.
According to article 39 of the Code of Criminal Procedure, the criminal prosecution initiated against a person is also terminated due to his non-involvement in the crime committed or to the lack of proof of his guilt. According to article 40 of the Code of Criminal Procedure, the existence of circumstances stipulated by the criminal law for exemption from criminal liability and punishment eliminates the need for criminal prosecution.
It should be noted that article 39 of the Code of Criminal Procedure stipulates that in the course of studying the materials included in the decision to institute criminal proceedings, the above circumstances will be discovered, which leads to the refusal to initiate criminal prosecution. If the same circumstances are found during the criminal prosecution, the prosecution will be terminated.
Termination of prosecution
If at any pre-trial stage of the criminal prosecution proceedings, the inquiry officer, investigator or prosecutor identifies the circumstances specified in Article 39 of this Code, they shall order the termination of the criminal prosecution (including the termination of the criminal proceedings).
In the absence of rehabilitating grounds, the inquirer, investigator or prosecutor shall not be entitled to order the termination of criminal prosecution without the consent of the accused (suspect). In this case, the criminal prosecution proceeds in the manner prescribed by the Code of Criminal Procedure and ends with a verdict or other court order.
In article 43 of the Code of Criminal Procedure, during a trial, a court order to terminate criminal prosecution of the accused is adopted in the following cases:
1. When the public prosecutor and the private prosecutor refuse to prosecute;
2. If there are circumstances provided for in Articles 39.1.4, 39.1.6—39.1.11 of the Code of Criminal Procedure.
The legislation makes it clear that a repeated non-attendance of a private prosecutor at a court session or failure to notify a court about a good reason for failure to appear is equivalent in its legal value to the refusal of criminal prosecution.
Provision of legal services in criminal prosecution.
Legal Store provides legal services to clients, through correspondence with the state body conducting the criminal prosecution, as well as the preparation of petitions, protests, complaints of persons participating in the criminal process, as well as statements from other persons involved in the criminal proceedings, participation as counsel or representative at any stage of the prosecution.
Without a complaint from a victim, a public prosecution may only be instituted by a prosecutor in the following cases:
- If the crime committed offends the interests of the state or society;
- If the crime is committed by a representative of the government or other officials of state bodies or against such persons;
- If the crime is committed against a pregnant woman, an elderly or helpless person;
- If the crime is committed under the influence of a threat, coercion, or in relation to a person dependent on the person who committed the crime;
- If the crime has been committed by a person incapable or has not reached the age at which criminal liability is possible, or against such a person.
As a result, for other crimes not specified in Articles 37.2. and 37.3. The Code of Criminal Procedure, criminal prosecution is carried out in public prosecution. This means that the majority consists of the Criminal Code.