The Institute of Rehabilitation (CPC, Chapter 18) is one of the most important criminal procedure institutes. It ensures the implementation of key guarantees for persons against whom prosecution was unjustifiably launched or coercive measures applied. The importance of rehabilitation cannot be overestimated. A subject affected by the actions of law enforcement agencies is given the opportunity to restore his reputation and receive damages. Consider the features of the implementation of the right to rehabilitation under the Code of Criminal Procedure of the Russian Federation.
Normative base
The institution of rehabilitation is fixed not only by national legislation, but also by international legal acts. Thus, article 8 of the Declaration of Human Rights states that everyone has the right to restore violated rights enshrined in the Constitution or other law by the competent national courts. This possibility is specified in the Basic Law. Article 53 of the Constitution establishes a guarantee for compensation for damage resulting from unlawful omissions / actions of state authorities or their employees.
Composition of legal relations for rehabilitation (scheme)
The Code of Criminal Procedure of the Russian Federation contains an exhaustive list of persons with the right to restore rights in case of violation by state bodies and employees. It is established in part 2 of article 133 of the Code.
The right to rehabilitation under the Code of Criminal Procedure may be exercised by:
- defendant;
- suspect / accused;
- convicted;
- citizen in respect of whom compulsory medical measures were applied;
- persons unlawfully subjected to procedural coercive measures.
Defendants
These persons, including in the framework of private prosecution cases initiated by the inquiry officer with the permission of the prosecutor, investigator, and the head of the investigative unit, have the right to rehabilitation if an acquittal has been passed against him . Such an act shall be adopted in cases of non-determination of the event of a crime, the establishment of non-involvement of a person in the act or in the absence of corpus delicti in the actions of the subject. According to Article 133 of the Code of Criminal Procedure of the Russian Federation, rehabilitation is also guaranteed for the defendants, in respect of whom a jury acquitted.
The restoration of rights is also carried out in the event that the prosecution ceases as a result of the refusal of the state prosecutor to charge. An official may exercise this right by virtue of the provisions of paragraph 7 of Article 246 of the Code of Criminal Procedure. A refusal of a charge takes place if, during the proceedings, the public prosecutor concludes that the evidence presented in court does not confirm the charge against the citizen. In case of refusal, the authorized person shall motivate his convictions.
Accused / suspects
These citizens, including in the framework of private prosecution cases, are guaranteed rehabilitation under the Criminal Procedure Code if the prosecution is terminated due to the absence of:
- the composition or events of the crime;
- statements from the victim, if the case can be instituted only if available;
- the court’s conclusion on the presence of signs of unlawful acts in the actions of the entities listed in article 448 (1 part, paragraphs 1, 3, 4, 5, 9, 10);
- the consent of the Federation Council, the State Duma, the qualification judicial collegium to initiate proceedings, involvement in the status of an accused person endowed with immunity, and deprivation of the immunity of the President who has terminated his powers.
The accused / suspects may exercise the right to rehabilitation even when:
- establishing their non-involvement in the crime;
- the presence of an unchanged verdict or court ruling, a resolution of the investigator, the interrogating officer on the same charge of dismissing the case or refusing to initiate it.
According to the CPC, rehabilitation for convicts is provided for in the same cases as described above. In addition, it is guaranteed with:
- partial / complete cancellation of the indictment, which entered into force and the termination of the case in connection with the establishment of non-involvement in the crime;
- expiration of terms;
- death of the convicted person, except when the proceedings continue with the goal of restoring the rights of the deceased.
For persons to whom medical coercive measures have been applied, rehabilitation in the Code of Criminal Procedure is provided for in the event of cancellation of the relevant decision in connection with the proof of its groundlessness and illegality.
Partial Compensation
According to Article 133 of the Code of Criminal Procedure, rehabilitation does not exclude the possibility of compensating the subject for damage caused by unlawful actions of state bodies. The refusal of compensation solely because the person was found guilty of some other crime should be considered unreasonable.
As the Constitutional Court explains, in such cases, the courts, guided by the law, the principles of justice and the priority of freedoms and human rights, taking into account the specific circumstances of the case, can make a decision on damages to an entity acquitted in one case, but charged in another.
According to the norms of Chapter 18 of the Code of Criminal Procedure of the Russian Federation, rehabilitation can also take place when a citizen is acquitted of several crimes while being recognized as a participant in another act.
Exceptions
They are installed in Art. 133 (part 4) of the Code of Criminal Procedure. Rehabilitation is not carried out if the cancellation of the indictment or measures of procedural coercion was due to:
- adoption of an amnesty act;
- expiration of long periods;
- failure of a person to reach age of responsibility under the Criminal Code;
- decriminalization of a crime.
The indicated measures or indictment can be canceled against a person who, although he has reached the proper age, was unable to adequately assess the danger and the actual nature of his behavior and manage his actions at the time of the crime due to a developmental delay not caused by mental disorders. . To such subjects, according to Art. 133 Code of Criminal Procedure, rehabilitation is also not applicable.
Decriminalization Features
The decision of the Constitutional Court No. 360-O of 2004 indicates that the provisions of Article 133 of the Code of Criminal Procedure on rehabilitation do not prevent the court from considering a case pending if the punishment and criminality of the actions incriminated to the person are eliminated by the new law. The court also has the right to decide on the issue of recognition by the subject of the right to rehabilitation or refusal to do so. These actions do not deprive a person of the right to effective protection and access to justice.
The Constitutional Court explained that the number of citizens with the right to rehabilitation does not include the accused / suspects / convicted:
- illegal actions of which are re-qualified;
- from charges in relation to which, qualifying features and erroneously imputed norms of the Criminal Code were excluded;
- in respect of which other decisions were made, as a result of which the scope of the charge was reduced (an example would be the re-qualification of an act from Article 105 to 4 part 111 of the Criminal Code).
Convicts, whose sanctions by a decision of a higher court were changed downward, do not have the right to rehabilitation either.
If damage has been caused to these entities, then issues relating to its compensation are resolved according to the rules enshrined in Chapter 18 of the Code of Criminal Procedure. The right to compensation is enjoyed not only by citizens, but also by legal entities.
Procedural Issues
The judicial act or the decision of the inquiry officer / investigator must contain an indication of the right to rehabilitation. Notification shall be sent to the justified subject or citizen whose prosecution has been terminated. The notification explains the procedure for compensation for damage resulting from unlawful actions / omissions of state bodies.
The notice also indicates:
- the name of the structure to which the rehabilitated citizen should apply;
- deadlines for submitting claims for damages;
- rules for the consideration of a claim for damages and restoration of other violated rights;
- the procedure for contesting the decision on the assignment of payments;
- rules for compensation for non-pecuniary damage.
For persons in respect of which is provided for in Art. 133 of the Code of Criminal Procedure of the Russian Federation rehabilitation, restoration at work is carried out according to the rules of 399 articles of the Code. If the claim for compensation for harm has not been satisfied, or the applicant does not agree with the decision, he can appeal to the court in civil proceedings. The relevant provisions are enshrined in article 138 of the Code of Criminal Procedure.
Nuances
As a general rule, the rehabilitated person himself can exercise the right to redress. However, the law provides for a special procedure for the payment of compensation in the event of the death of a person.
According to the rules, the right to receive compensation is transferred to the successors or dependents of the deceased. A notification shall be sent to the indicated persons within five days from the date of their appeal to the authorized structure that issued the resolution on rehabilitation.
Information on subjects interested in restoring the rights of the deceased is usually established as part of an investigation or during proceedings in court.
Compensation Features
An entity rehabilitated by a decision of an authorized state body has the right to rely on compensation:
- earnings, pensions, other payments lost by a person as a result of persecution;
- values confiscated or turned into treasury income;
- procedural costs, fines imputed in the framework of enforcement proceedings;
- the amounts paid for the legal assistance provided;
- other costs associated with criminal proceedings.
The time frame in which an interested person can apply to a court with a request is established by the Civil Code. They begin from the date of receipt of copies of the documents specified in paragraph 1 of paragraph 134 of the Code of Criminal Procedure, and the notice. The application is submitted to the court that issued the decision (sentence, ruling) to terminate the prosecution (case) or to the authority at the place of residence of the rehabilitated citizen. If the restoration of rights is carried out by a higher court, the claims are sent to the first instance.
An application for compensation for harm may be submitted by the legal representative of the rehabilitated subject.
Features of the procedure
Within 1 month from the date of receipt of claims for compensation for material harm, the court shall establish its size. A determination is made on the purpose of the payments. Amounts are transferred to the rehabilitated taking into account inflation.
A copy of the decision is sent or handed over to the rehabilitated. If he died, the document is transmitted to the entities specified in 2 parts 134 of the article of the CPC.
The prosecutor is obliged to formally apologize to the citizen on behalf of the state for the harm that arose as a result of unreasonable actions / inaction of law enforcement agencies. Recovery of moral damage is carried out according to the rules of civil proceedings.
Additionally
If information about detention, placement in custody, application of medical coercive measures, removal from office, conviction of a rehabilitated subject and other illegal actions taken against him has been published in print media, distributed on television, radio or other media, at his request or a statement by his relatives (in case of death), according to a written order of the court, the prosecutor, the head of the investigative unit, the investigator / interrogator during the month specified media must release a message on the rehabilitation of the person.
Also, written notice of decisions justifying the citizen is sent to the place of study, work or residence within two weeks. These messages are sent at the request of the rehabilitated or his relatives.
Citizens, deprived of military, special, honorary titles, ranks, state awards, have the right to their restoration and return. Damage incurred by a legal entity as a result of unreasonable and illegal actions / inaction of law enforcement agencies is fully compensated by the state in full by the time specified in the CPC.
Conclusion
Issues related to the rehabilitation of illegally prosecuted persons are always in the focus of attention of legal scholars. The rules governing the restoration of citizens' rights ensure the implementation of constitutional provisions aimed at ensuring the protection of individuals from unjustified criminal prosecution.
Illegal actions of law enforcement bodies cause damage not only to the citizens themselves, but also to the system of the executive and judicial authorities in general. In this regard, the timely identification of circumstances that exclude liability of persons is of paramount importance in criminal law.