Rehabilitation of a convicted person is a multi-level, complex, dynamic, phased system of interconnected actions that are aimed at restoring the rights, status, health and legal capacity of the convicted person to others and to himself. The rehabilitative grounds for terminating the criminal case are described in chapter 18 of the Code of Criminal Procedure. Articles 133-139 indicate the basis and procedure for implementing the phased rehabilitation process, as well as the rights and legitimate interests of the persons who are subject to it.
What does the right to rehabilitate mean?
Paragraph 34 of Article 5 of the Code says that rehabilitation in the full sense of the word is the restoration in the manner prescribed by law of the violated freedoms and rights of a person who has been unlawfully or unjustifiably prosecuted by law enforcement agencies or a court, as well as compensation for damage caused to a person by criminal prosecution.
By regulating at the legislative level the compensation for moral and material damage caused during criminal prosecution and court proceedings, the state, for its part, is trying to compensate for the maximum amount of damage suffered by the person.
The first part of Article 133 of the Code lists the rights and legitimate interests of the persecuted person who are subject to rehabilitation on any rehabilitative grounds of the CPC. These include:
- The right to receive compensation for property damage.
- The right to recover as a subject of labor relations.
- Restoration of housing rights.
- Restoration of pension rights.
- The right to receive compensation for non-pecuniary damage.
- Restoration of other types of rights.
Damage incurred by a person shall be compensated in the form of a return of fines paid, compensation of moral harm. So, information about the person’s innocence and non-involvement in the crime is sent to the media, and property confiscated during the trial is returned.
Rehabilitation grounds for terminating a criminal case
The following categories of suspected or convicted persons are entitled to rehabilitation by the state (based on subsection 133 (2)):
- Defendants who were found not guilty by a court of acquittal in cases of accusation of a private (insult, slander) or private-public nature (rape, murder, etc.).
- Persons in respect of whom the absence of the event of a crime has been established. For example, the transfer of money to a specific person was qualified as a bribe, but it was not a bribe.
- Defendants in respect of whom it was decided to terminate the prosecution of a criminal nature in connection with the refusal of the prosecutor by the state or the prosecutor to bring charges.
- In the absence of an application from the victim to bring the perpetrator to justice. As in the case of a verdict of acquittal , rehabilitation in the absence of a statement is carried out in cases of a private or public-private nature. If the application is missing due to the physical or mental impossibility of the victim to write it, the interests of the victim are represented by the prosecutor or investigator.
- If the accused or suspected person is not involved in the commission of a crime. Such a rehabilitative basis for termination of criminal prosecution is applied when it is established that the crime was committed by another person or the guilt of the accused has not been proved.
- In the absence of corpus delicti. If one of the four factors to prosecute a criminal nature (subject, subjective side, object, objective side) is missing one (for example, object), there is no corpus delicti.
- When abolishing at the legislative level the punishment for a crime committed under a specific article (rehabilitation due to discrimination).
Upon termination of the case on rehabilitating grounds on the basis of the presumption of innocence, the case against the accused is closed, but the search for the guilty person and the search for evidence of his guilt continues.
Other rehabilitation grounds
Other grounds include:
- The presence of another sentence or decision that has entered into force in relation to the suspect or accused. In the case of applying this rehabilitating basis, the criminal case is terminated on the basis of the principle of the impossibility of double prosecution for the same act. It may be committed due to a judicial or investigative error, as well as for other reasons.
- The existence of a decision (unencumbered) from the prosecutor, interrogating officer or investigator in relation to the suspect or accused.
- Termination of criminal prosecution and closure of the case in connection with the expiration of the statute of limitations for bringing to justice. The statute of limitations for a criminal prosecution depends on the severity assigned to the crime. If it is not heavy, then the period for applying the rehabilitation foundation is two years. For committing a crime of special gravity, he is fifteen years.
- Cancellation of a court order on the application of compulsory medical measures. Such a rehabilitating basis applies if they have been appointed against the convicted person.
- Termination of a criminal case due to the death of a person suspected or accused of a criminal offense.
Non-rehabilitative grounds
Part 4 of Article 133 of the Code indicates grounds that are not rehabilitative grounds. These include:
- The expiration of the statute of limitations for a criminal offense.
- The publication of the act of amnesty.
- Reconciliation of the parties.
- If the accused does not reach the age of prosecution of a criminal nature (for persons under 16 or, in some cases, 14 years).
The moment of the right to rehabilitation
On rehabilitative grounds, the termination of the case is carried out at the time of issuing the relevant act. Such acts include:
- The decision to close the criminal case or criminal prosecution on one of the grounds established by law.
- The acquittal.
- Decision to abolish the use of compulsory medical measures.
At the moment when the rehabilitating acts indicating the grounds on which the criminal case was terminated enter into legal force (after ten days), the right to rehabilitation arises. The appeal must contain a claim for compensation for material and moral harm and restoration of previously violated rights.
Within a week, the suspect or the accused receives a notice indicating the procedure for rehabilitation and compensation for material and moral harm, as well as the time frame within which the rehabilitated person has the right to go to court.
Types of Compensated Damage
The legislation distinguishes three types of compensable damage that have been received as a result of unlawful prosecution of a criminal nature or the application of procedural coercive measures.
These include:
- Material (property) harm.
- Harmful moral character.
- Other types of harm (these include restoration of rights and notification of the population about the rehabilitation of a person).
Types of property damage subject to compensation
After a petition has been filed with a request to terminate the criminal case and the judge has made a decision on rehabilitation, the state shall compensate the rehabilitated person for the following types of material (property) damage (under Article 135 of the Code):
- Costs incurred to pay for the services of a lawyer or lawyer.
- Salary lost due to criminal prosecution.
- A pension that was not paid due to criminal prosecution.
- Penalties collected in connection with the execution of a conviction.
- The value of property converted to state benefit.
- Benefits and other social benefits lost due to criminal prosecution.
- Other expenses (for payment of expenses related to rehabilitation, for the payment of recovery of well-being and health through medical intervention, etc.).
The list of species is not closed, since each case of applying the rehabilitating grounds for terminating a criminal case is considered separately, and different rights in material terms may be violated by different persons.
Compensation for material damage
In order to receive compensation for damage of a material nature on rehabilitating grounds, the following actions are required:
- To apply to the court with a written request to compensate for material or property damage.
- Within a month, the court considers a written application in which the respondent is the Ministry of Finance of the Russian Federation as the body authorized to resolve financial issues.
- The court, on the basis of calculations, clarifies the amount payable to the rehabilitated person and makes a decision on compensation.
- Within ten days, the decision shall enter into force.
Important Aspects of Property Compensation
When making reimbursement on rehabilitating grounds, you need to know the important points:
- With regard to applying to the court with a request for rehabilitation, a general three-year limitation period applies, which can be restored for legitimate reasons established by civil law.
- The appeal to the court must take place at the place of residence of the rehabilitated or at the location of the state body that issued the decision.
- The calculation of compensation for salaries, benefits or pensions is carried out for the period determined by the court.
- Compensation payments are made from the state treasury.
- Protection of the rights of rehabilitated persons takes place in a simplified manner, with the active assistance of the court.
- The compensation amount is calculated by the court, taking into account statistics on the consumer price index at the place of residence or work of the rehabilitated at the time the criminal prosecution begins.
Compensation for non-pecuniary damage
The process of compensation for harm of a moral nature is carried out in accordance with Article 136 of the Code and includes four stages:
- An official apology by the prosecutor on behalf of the state.
- Sending a notice of rehabilitation of a person to his place of work.
- The direction of the notice at the place of residence or study of the rehabilitated.
- Sending a message to the media about the rehabilitation of the persecuted person. A message is sent if the criminal prosecution of this person was previously reported through the media.
If it is necessary to obtain moral compensation in monetary form, it is necessary to file a lawsuit.
Post-mortem rehabilitation
If the rehabilitated person has died, the right to receive compensation passes to his dependents, heirs and next of kin. All necessary documents for rehabilitation are sent to these persons.
All motions and applications are submitted on behalf of relatives, and all compensation payments are made in their favor, according to the distributed shares.
Only material damage is subject to compensation, since moral damage is connected with the specific personality of the rehabilitated person and is not subject to compensation to relatives.
Rehabilitation is a short-lived process, as the state provides all kinds of assistance for its speedy implementation, taking the blame for the illegal prosecution of a criminal nature.