According to modern laws, a criminal case cannot always be brought to its logical conclusion. In some cases, the judge and the prosecutor may issue a decision not to institute it. Of course, a case can only be terminated if there are serious reasons for this.
Grounds for refusing to institute criminal proceedings
Modern laws clearly indicate those cases when it is precisely necessary to refuse to initiate a criminal case or to terminate an investigation that has already begun.
First of all, the criminal case is terminated in cases where there are no crime events. For example, there was not murder, but suicide, etc.
In addition, the reason for the closure of the case may be the lack of corpus delicti in a particular event. For example, an incident did take place, but it is not a violation of the Criminal Code.
The refusal to initiate a criminal case may have another reason: this occurs in connection with the expiration of the statute of limitations of the offense. The time frame of a crime is clearly specified in the Criminal Code.
And, of course, a criminal case cannot be opened against a deceased person (potential criminal). The only exceptions are those cases when it is necessary to cleanse the reputation of the deceased.
In addition, the law provided for other reasons for the termination of the case in relation to a particular person.
To begin with, it is worth noting that a refusal to initiate a criminal case will follow if during the investigation it is established that the accused is not involved in the crime. A person cannot be convicted of the same crime twice - it can also serve as a basis for refusal.
Refusal to initiate criminal proceedings may occur as a result of amnesty. In addition, the law does not allow criminal prosecution of a person whose age is still insufficient to bear full criminal responsibility.
Refusal can also occur in cases where a person is behind in mental development and acted on someone else's influx, not realizing all the possible consequences.
If after the investigation no grounds for initiating a criminal case were found, the investigator, prosecutor and the inquiry officer may issue a decision to terminate the investigation.
Failure to institute criminal proceedings
The decision that the criminal case has been discontinued can be challenged. In such cases, you must follow certain requirements of the law.
First you need to carefully read the document attesting to this decision. The main thing here is to determine the reason for the termination of the criminal case. If during the investigation no corpus delicti was found, then it is practically pointless to file a complaint.
Sometimes, in order to have a basis for contesting a decision, you need to familiarize yourself with all the audit materials. Naturally, you can see them only after obtaining permission. Therefore, you need to make a statement (it must meet some requirements, therefore it is better to use the services of a lawyer) and send it to the inquiry officer. This can be done using the services of any post office. If you decide to give the application directly to your hands, then you must stock up on two copies: one is transferred to the interrogator, and the second remains with you. The person to whom you handed the document must leave a signature and date on your copy.
After your application has been considered, you will be informed of the date and place where you need to arrive in order to get acquainted with all the required materials. By the way, another person may 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 of refusal, a written complaint must be drawn up and filed with the district court.
After the time has passed, a court decision will come that will either approve or reject the complaint. The entire complaint process, of course, can be carried out independently. But nevertheless it is better to use the services of a lawyer, as qualified assistance will help to avoid mistakes and speed up the process.