The facts established by a sentence, a decision approved in the framework of civil, administrative or arbitration proceedings and having entered into force are recognized without additional verification. This rule establishes Art. 90 Code of Criminal Procedure. In criminal cases, the circumstances fixed by the verdict are always accepted, except in cases where a decision is made in the manner prescribed by Articles 317.7, 316 or 226.9 of the Code. The order applies to the prosecutor, investigator, interrogating officer, officials authorized to conduct the proceedings. Such decisions and sentences should not predetermine the guilt of entities that did not participate in the proceedings.
Art. 90 Code of Criminal Procedure with comments
Within the framework of this article, such a concept as prejudice is established. This definition has Latin roots. In literal translation, it means prejudice. Art. 90 of the Code of Criminal Procedure of the Russian Federation (as amended) establishes the obligation of authorized persons to accept, without additional verification, circumstances that are recognized by decisions and sentences that have entered into force and which have been imposed in other proceedings in relation to this subject.
Important point
When applying Art. 90 of the Code of Criminal Procedure of the Russian Federation, judicial practice proceeds from the need to re-examine and evaluate evidence if the decisions contain provisions that predetermine the guilt of entities that have not previously participated in the consideration. For example, it is said that the defendant committed an act in complicity with persons not identified by the investigation. An institution conducting a new proceeding in respect of persons for whose acts such "prejudicial" decisions are issued cannot recognize them guilty solely on the basis of these acts. Otherwise, these entities could not use their right to defense.
Specificity of concepts
The term “guilty” is present in Art. 90 of the Code of Criminal Procedure of the Russian Federation , cannot be identified with “guilt”. The first concept involves the execution by the subject of a specific action, including signs of a crime. Guilty refers not only to the subjective, but also to the objective side. It is incorrect to represent the provision of Art. 90 of the Code of Criminal Procedure of the Russian Federation in such a way that a previous sentence or other resolution cannot predetermine only the issue of the fault (negligence, intent) of persons who have not previously participated in the proceedings, although they may suggest the circumstances of the objective part of the act.
The specifics of attracting entities to production
The provision of Art. 90 of the Code of Criminal Procedure of the Russian Federation that a decree cannot predetermine the guilt of citizens who have not previously participated in the proceedings, should be understood as follows. In relation to persons who were not involved in the proceedings at all or were involved in it, but not in the status of the accused, but, for example, as witnesses, the prejudicial force of the act is not valid.
Overcoming conflict
One of the CC definitions indicates that the discrepancy between the final nature of the decisions that have entered into force and the internal convictions of the person conducting the proceedings must be resolved on the basis of the constitutional principle of the presumption of innocence.
If a decision made within the framework of an arbitration or civil process speaks in favor of the person acting as an accused and recognizes the legitimacy of his behavior, then it should be considered as indicating that there are doubts about his guilt, which may subsequently be unremovable.
If an adverse judgment is used by the prosecution as guilty, then it must be subjected to critical assessment in conjunction with other facts. At the same time, the court may reject it, since a mechanical follow-up to such a decision would be an attempt to refute the principle of presumption in an inappropriate way, that is, outside the framework of the legislation and the only permissible procedure guaranteeing the protection of the rights of the person in respect of whom the proceedings are being conducted.
Important point
Along with this, when using the provisions of Article 90 of the Code of Criminal Procedure of the Russian Federation, a resolution directed in a direction favorable for the person will not be immediately considered as a source of fatal doubts. To do this, it must be refuted or canceled on the basis of newly discovered facts or on cassation / supervisory grounds. They, in turn, must be identified at the stage of criminal procedure and implemented in the manner prescribed by law.
conclusions
In fact, in the case considered above, the rule on the inadmissibility of turning the situation in a direction unfavorable for the subject applies. Guided by Article 90 of the Code of Criminal Procedure of the Russian Federation, the court may reject circumstances identified in the process of civil or arbitration proceedings, in the presence of fatal doubts.
If there are circumstances indicating that the participant committed a crime in connection with the proceedings, which resulted in an unlawful decision, it is possible to conduct an independent investigation. Based on its results, a decision that has entered into force may be reviewed.
In other words, a resolution on a civil or arbitration dispute does not act as grounds for refusing to institute criminal proceedings and conduct an investigation in the forms established by law. The officials of the authorized instances during the proceedings cannot accept the conclusions formulated earlier without evidence and verification, as this is literally stated in the considered norm.