Suspension of proceedings is an act indicating the temporary absence of conditions for further investigation or consideration of the case in court. What reasons for this should be, who is responsible for making such a decision?
Normative regulation
The suspension of proceedings is governed by the codes of procedure. The reasons and rights that the parties have are listed, in particular the right to appeal in case of disagreement with the decision of the court or investigator.
After the adoption of relevant acts, these provisions of the laws are amended, more often in the form of an extension of the list of grounds.
Mandatory suspension in civil proceedings
There are two categories of reasons: in some cases, the suspension of the proceedings is the duty of the court, in others it is its right. Consider them below.
Occurrence of duty:
- the death of the plaintiff, defendant or a person acting as a third party, if it is expected that his heirs will enter the case;
- participating persons lose their legal capacity (court decision), and the legal representative is absent for some reason;
- the defendant takes part in hostilities or performs tasks in the emergency zone (natural disasters and catastrophes);
- if the plaintiff is sent to the aforementioned territory, suspension is ensured at his request;
- the need to wait for a decision on another civil, administrative, criminal or administrative offense case;
- the court appealed to the Constitutional Court to consider the constitutionality of the law or its individual provisions, the application of which determines the outcome of the consideration;
- A lawsuit was filed to return the child to a foreign country or to protect other rights to the child in the framework of international agreements.
The court has the right
The suspension of proceedings is a court right in the following cases:
- the parties ended up in a hospital (the law does not specify whether the applicant is in inpatient or outpatient treatment);
- wanted child and (or) defendant;
- a decision was made to conduct an examination;
- a survey of the living conditions of the adoptive parents or children is planned (in the framework of cases related to the interests of minors);
- a court order has been sent;
- reorganization of a legal entity that is a party or a third party in a case.
What time is the break announced
Suspension of civil proceedings is allowed for the time required for the decision to be made by the relevant court. Hearings shall resume after the announcement of the successor or the disappearance of the circumstances that caused the interruption.
Reasons to temporarily terminate the investigation
The investigation is terminated without fail if:
- there is no reason to consider a particular person as suspect or accused;
- the person has disappeared or it is impossible to reveal his whereabouts;
- a serious illness of a suspect or accused, which temporarily makes it impossible to take part in investigative actions.
Despite the fact that the rules apply to investigators, they are also applied by investigators.
Features of the procedure
The suspension of criminal proceedings is ensured by the person conducting the investigation by issuing a decision. A copy of it is transmitted to the prosecutor. If the latter does not agree, the investigation continues.
The right to suspend arises only after all available procedural actions have been completed.
If property was seized, the investigator or the inquiry officer shall establish other restrictions regarding its use or lift the ban. If the repayment of the encumbrance is unacceptable, a petition shall be filed for a decision on the fate of things and real estate by the court.
If there are grounds for the suspension of the proceedings, a decision is made to extend the measures of state protection of witnesses and victims: they are canceled in whole or in part.
Trial
The court has the following reasons to suspend the proceedings:
- the accused has disappeared or his whereabouts cannot be established;
- the person’s whereabouts are known, but his participation in the trial cannot be ensured;
- a serious illness that prevents the accused from participating in legal proceedings;
- a request was sent to the Constitutional Court of the Russian Federation to verify the constitutionality of the law that applies in the case under consideration;
- the defendant escaped from custody.
After the escape, the judge transfers the case to the prosecutor to ensure the search. If the defendant, who was not in custody, disappeared, a decision shall be made on his placement in custody. Only then the case is transferred to the prosecutor to organize the search.
If the defendant has disappeared and it is not known where he is, or he cannot be brought to court for objective reasons, the case is considered without his participation.
The law allows the consideration of materials on grave and especially grave crimes in the absence of the defendants.
Sole judge makes a decision. In a case considered collectively, a determination is made.
Application for suspension of proceedings
Its submission is not always required. The court or investigator will independently make the appropriate decision, having received the necessary information. How to draw up a document, if necessary?
- the initials of the judge or investigator in whose competence the consideration of the request;
- information about the person who submitted the application - surname, name, patronymic, place of residence, procedural status;
- a description of the circumstances giving the basis to suspend the case, a reference to regulations, documents confirming the applicant's arguments;
- inventory of applications;
- signature and filing date.
The representative attaches a copy of the power of attorney, the lawyer - a warrant or contract with the client.
Execution of suspension of the investigator or interrogator
The investigator draws up a decision according to the following scheme:
- Title of the document;
- name of the settlement;
- date of the decision;
- surname, name, patronymic, position and rank of the person conducting the investigation;
- reference to the appeal of the participant in the case or the occurrence of circumstances that impede the consideration of the case, to normative acts;
- the operative part - “suspend the proceedings” with or without date;
- a note is made on sending a copy to the prosecutor and all interested parties;
- signature.
Execution of a judicial act
In a civil case, a determination is made to suspend proceedings:
- name of court;
- document's name;
- settlement, date of removal;
- surname and initials of the judge;
- statement of circumstances (appointment of an examination, death of the defendant, his recall to the war zone, etc.);
- reference to regulations and papers confirming relevant facts;
- judge's signature and court seal.
In the criminal process, registration is carried out according to a similar scheme.
Appeal Procedure
In a civil proceeding, participants have the right to file a private complaint with a higher court within 15 days after the act is issued. These are the requirements of the Code of Civil Procedure of the Russian Federation.
In a criminal case, a complaint about the actions of an investigator is filed with the prosecutor or the court. It is possible to apply to both instances in turn.
A complaint is submitted only to a higher authority against a court decision in a criminal process. The appeal is given 10 days. The subordination is as follows: world - district - court of the subject.