Refusal to open a criminal case: can it be challenged?

According to modern laws, a criminal case can not 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 terminated 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 an investigation that has already begun.

First of all, the criminal case is terminated in cases where there are no events of the crime. For example, there was not murder, but suicide, etc.

In addition, the reason for closing the case may be the absence 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 have a different 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 be opened against a deceased person (a potential criminal). Exceptions are only those cases when it is necessary to purify 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 to initiate 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 a basis for refusal.

Refusal to institute criminal proceedings may result from an amnesty. In addition, the law does not allow the criminal prosecution of a person whose age is still insufficient to bear full criminal responsibility.

Failure can also occur in cases where a person lags behind in mental development and acts on someone else's whim, without realizing all possible consequences.

If, after the conducted investigation, there were no grounds for initiating a criminal case, the investigator, the prosecutor and the preliminary 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 the document that testifies to 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 for challenging the decision, 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 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 must stock up two copies: one you give to the investigator, and the second remains with you. On your copy, the person to whom you handed the document must leave a signature and date.

After your application is considered, you will be informed of the date and place you need to arrive in order to become acquainted 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.

At the end of time, a court decision will come, which either will 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.