Art. 20 of the Code of Criminal Procedure refers to criminal prosecution and its types. Consider the features of each, as the rules of law affect the capabilities of participants in the process. Without knowledge, it will not work and protect their interests, or spend time on unnecessary actions.
Normative regulation
The criminal process is fully regulated by a single law - the Code of Criminal Procedure. The explanations of the Armed Forces of the Russian Federation have their meaning. Clarifications are periodically given by the constitutional court, which are mandatory, not advisory.
I must say that the allocation of forms of criminal prosecution is one of the least controversial issues. Art. 20 of the Code of Criminal Procedure of the Russian Federation in the new edition speaks only of the types of prosecution, but does not disclose the concept itself. It was not in earlier versions of the text of the law. All edits affect the classification of crimes in terms of building an investigation and trial.
What is the prosecution?
This term refers to the activities of investigative bodies, inquiries from the court to identify crimes, investigations and court hearings. The criminal process is a measure of authorities with a certain competence.
Each body has its own role and, on this basis, is endowed with an appropriate amount of authority. Depending on the form of persecution, the scope of the rights and obligations of participants, in particular, the victim, changes.
There is a difference in the order of dismissal. What art. 20 Code of Criminal Procedure indirectly and says. It refers to general provisions, and its paragraphs are more widely disclosed in subsequent rules of the code.
Separation of criminal cases
Art. 20 of the Code of Criminal Procedure of the Russian Federation divides all criminal cases into 3 categories: private prosecution, public and public-private prosecution. The difference lies in a number of nuances, which are described below.
Private prosecution
Part 2, Art. 20 of the Code of Criminal Procedure indicates which particular cases fall into this category (only 4 articles of the Criminal Code are listed in the article): inflicting light harm, beating, and defamation.
Private prosecution means the conduct of a case in court directly by the victims. The proceedings are conducted exclusively in court, previously the police refuse to initiate proceedings and explain the right to appeal to the court.
Private prosecution means the conduct of a case in court directly by the victims. The proceedings are conducted exclusively in court, previously the police refuse to initiate proceedings and explain the right to appeal to the court.
The victim submits an application. Clarification of circumstances, materials, interrogations of witnesses is carried out in court without a preliminary investigation. All materials are provided by the parties without state participation. The judge appoints an examination (in cases of health damage) based on materials provided by doctors as part of fixing the damage. The parties have the right to reconcile before the judge leaves the courtroom for sentencing. All this is done under Art. 20-318 Code of Criminal Procedure.
Initiation of the case in the general manner is carried out in cases of private prosecution if the victim is dependent on the guilty person or for other reasons is not able to defend his interests. Under the dependence is understood primarily financial communication. The list includes old, elderly, disabled people affected by mental illness, socially unprotected, low-income citizens. The decision is made by the investigator or prosecutor, and transferred to the investigator. It is not necessary to receive a statement from the victim.
The law gives a rather vague wording. However, it is not surprising since it is impossible to register all cases in the article, and the investigating authorities with the prosecutor act in light of all circumstances.
Public-private charges
Their main feature is the opening of a case solely at the request of the injured party. Unlike the first group, reconciliation is the basis for closing the case and exemption from criminal record, but with a reservation. This includes a wider list of compositions, in particular, rape, violation of the secrecy of correspondence, etc. All formulations belonging to this group are listed in the 2nd part of the article under discussion.
More information is provided in the commentary to Art. 20 Code of Criminal Procedure.
First, an investigation is conducted by the investigator or the inquiry officer, then it is transferred to the prosecutor, who transfers it to the court. Reconciliation is permitted subject to compensation for harm by the guilty party and the consent of the victim. However, the consent of the investigator or (the inquiry officer) and the prosecutor are also mandatory. In addition, despite the absence of a criminal record, the case is considered dismissed on non-rehabilitative grounds. In fact, this is a criminal record with less serious consequences and restrictions.
As in the case of cases of the first category, helplessness and other exceptional reasons are reasons for opening a case without a statement by the injured party. The decision is made by the investigator, the head of the investigation department, the prosecutor or the interrogating officer with the permission of the prosecutor or the head of the inquiry department.
Public prosecution
This category includes all other cases not indicated in the first two parts of Art. 20 Code of Criminal Procedure. Here the state enters on the side of the victim. The investigating authorities ascertain the circumstances of the case, the prosecutor monitors compliance with the law at this stage, and represents the prosecution in court.
The proceedings are determined by many factors, of which the opinion of the victim is not of the most serious importance. He is an additional source of information to be verified using other means of proof.
Time limits
The law has a statute of limitations, i.e. the period of time after which prosecution is not expected. No statement by such a person is required; the investigator or judge themselves are required to make an appropriate decision.
The limitation periods are determined by the severity of the committed act and other factors. Expiration is an unconditional reason for terminating production at any stage.
Finally
Activities to prosecute perpetrators are organized depending on the gravity of the crimes and their impact on society and the citizen. Initiation and termination of cases without a sentence is possible in respect of several compositions. Some cases are opened only at the request of the victim, but his application for closing is no longer enough.
In all other matters, the initiative is entirely in the hands of the state.