In legal practice and literature, the concepts of criminal prosecution and criminal cases are often found. Many people think that this is one and the same thing - the cessation of one entails the automatic cessation of the other. However, this is not always the case.
Criminal case
Proceedings on the case begin at the moment when there is a document stating that the case has been opened, which is submitted by the inquiry officer or investigator. In addition, before this, urgent preliminary actions may be carried out, which, in themselves, are already an investigation of the crime.
In the criminal case, special actions must be carried out in any case, even if the suspect is not found. In the case, one or several criminals can appear. While the relevant authorities are engaged in the search for the guilty party, they are simultaneously collecting evidence: material evidence, minutes of interrogation of witnesses, the victim (or the person who replaces him), or the circumstances of the criminal event.
If all circumstances have already been clarified and the suspect has not been established, the proceedings shall be suspended until the guilty person is found. Thus, it is clear here that criminal proceedings are not individualized.
The termination of a criminal case is completely possible on the grounds listed in regulation 24 of the Code of Criminal Procedure.
The pursuit
Persecution, from the point of view of the layman, is associated directly with pursuit, tracking and other similar actions.
However, according to Article 27 of the Code of Criminal Procedure, prosecution in connection with a criminal act is a function aimed at exposing the guilty person.
This procedure can only be carried out by specially authorized persons - investigators, interrogators and the prosecutor. The literature mentions that criminal prosecution can also be carried out by other persons who participate in the case, however, it is here most likely referred to only participation in the prosecution.
Object of criminal prosecution
A person who may be prosecuted, as stated in Article 27 of the Code of Criminal Procedure with comments, can only be a specific physical person. The criminal code does not provide for liability of legal categories of persons.
If a criminal case can be instituted on any facts that took place, regardless of whether the suspect was identified, then criminal prosecution is possible only in relation to a specific person (Article 27 of the Code of Criminal Procedure of the Russian Federation with comments of 2015).
The essence of the persecution
Criminal procedural activity, as already noted, is the activity of exposing the perpetrator. Thus, factual evidence is collected, as a result of which the person who allegedly committed the crime is identified. Further activities are aimed at proving this fact: checking an alibi, searching, wiretapping, seizing documents and more.
Accordingly, these actions apply to a specific person, and not to all participants in the case.
It is worth noting that the criminal prosecution is not an indictment in itself, although it requires a decision to involve a citizen as an accused person, on the basis of which various checks are carried out and evidence of the guilt of this person is collected. According to Article 27 of the Code of Criminal Procedure of the Russian Federation (with the comments of 2014/2015), the concept of the abolition of criminal prosecution can only be considered after a criminal case has been officially opened and a suspect has been identified.
Legally Significant Implications
During the investigation, it may turn out that the person who has been prosecuted is innocent, that is, there is solid evidence of this fact. In this case, the procedural component under consideration is terminated, and a new business can be started, but with respect to another citizen.
For those who are exempt from targeted criminal functions in accordance with Part 1 of Article 27 of the Code of Criminal Procedure of the Russian Federation or for other reasons, there are no legal consequences. First of all, it should be remembered that the persecution is not the final stage, but the intermediate one. It is also worth recalling the criminal code, which states that a person can be found guilty only by court order. It is here that legal consequences arise in the form of a criminal record, etc.
The relationship of business and prosecution
The abolition of criminal prosecution does not mean the termination of the case, but not vice versa and not always. In simple words, if all activities have been stopped with respect to a citizen, it is not necessary that they close the case - it is necessary to find the offender, collect new evidence, etc.
However, if a criminal case is terminated on specially provided grounds, then the prosecution is terminated, according to Article 27 of the Code of Criminal Procedure, automatically: no case - no procedural action.
Reasons for dismissal
In order to end the persecution, certain conditions must be met. But first of all, it would be worthwhile to pay attention to the factors for the cessation of all actions in the case, as this entails the automatic abolition of the prosecution. A criminal case may be closed (or not instituted), in turn, on the grounds that are provided for in paragraph 1 of Article 24 of the Code of Criminal Procedure.
1. If there is no corpus delicti. Thus, if there is no subject, object and related parties to the crime, the composition is absent.
2. If there is no crime event. It means that some actions took place, but for them, for certain reasons, there is no punishment in the criminal code. However, measures may be provided for in the administrative code.
3. If the suspect or accused died. However, the case may be initiated (or cannot be terminated) if the process is necessary for the rehabilitation of the deceased.
4. If there is no statement by the victim. It is necessary in some cases, in cases that do not affect global public relations, such as under article 109 of the Criminal Code of the Russian Federation - beatings, under article 158 of the same code - fraud, and others.
Additional grounds
In addition, if a criminal case has been started, and the punishment for such a crime has been annulled by a new legislative act, the case is closed (not suspended).
Thus, when it is impossible to initiate a case or when it is terminated, the prosecution ends. This is mentioned in paragraph 2 of part 1 of article 27 of the CPC.
However, there are features when the termination of the prosecution leads to the termination of the criminal case. So it will be if the persecution is over for all suspects (accused), except for the grounds specified in paragraph 1 of paragraph 1 of Article 27 of the Code of Criminal Procedure.
Reasons to end the persecution
As already noted, the prosecution ends with the termination of the proceedings. However, this is not the only condition under which the persecution may end.
According to the comments to the Code of Criminal Procedure, procedural actions may not be stopped for all participants, but only in relation to a citizen who is suspected. In the explanations to Article 27 of the Code of Criminal Procedure, several cases are noted in which this occurs:
- non-involvement of the suspect;
- document on amnesty;
- end of statute of limitations;
- lack of court consent to prosecution for those persons who have official immunity;
- if individual episodes in the case did not find confirmation.
Features of the end of the criminal prosecution: amnesty
In more detail, it is necessary to consider the position of termination, such as amnesty (Article 27 p1 p3 of the Code of Criminal Procedure) and other ambiguous conditions.
The termination of the proceedings in connection with the amnesty should imply that with the help of this act a citizen is exempted from criminal liability. Therefore, in relation to the person, the amnesty should be absolute. If, with the help of this document, only the nature of the punishment changes to a softer one or the term is shortened, the criminal prosecution continues.
Dates and age
The expiration of the statute of limitations (paragraph 3 of part 1 of article 27 of the Code of Criminal Procedure) also entails the abolition of criminal prosecution. For example, participation in a juvenile crime is characterized by a reduction in limitation periods by half, according to article 94 of the Criminal Code. Therefore, if such circumstances occur, the persecution ceases.
In addition, age itself matters. So, under Part 3 of Article 27 of the Code of Criminal Procedure of the Russian Federation, if a citizen has not reached the age of majority, or, due to mental disorders, did not realize his actions, the criminal procedural prosecution is terminated.
Availability of resolution
It is also considered important to have (or detect) a court ruling of officials on the abolition of criminal procedural actions specifically for this crime against the same person. That is, if the case has already been examined or investigated, and it turned out that the person was not involved in the act, the law provides for the impossibility of re-holding the person liable for the same crime.
Episodes
Criminal prosecution of episodes also takes place, and in addition, criminal prosecution periodically ceases. So, if in a criminal case there are several episodes, that is, several interrelated crimes, a criminal case is opened for all and the guilty person is identified for each of them. If initially it was assumed that all the acts were committed by one person, the prosecution begins in his attitude (or to identify him).
If it is proved (by the lack of evidence, including) that a certain person is not involved in some criminal acts, then for the episodes to which the person is not involved, the criminal prosecution ends. For all the rest, this procedural action continues. And for those to which the citizen has nothing to do, it continues (the guilty person is determined, etc.).
The criminal prosecution is not canceled if the offender objects to the cancellation of this procedural action (Part 2 of Article 27 of the Code of Criminal Procedure of the Russian Federation).
Official immunity
For some persons, criminal prosecution cannot be carried out. Or carried out, but together with other procedural actions, by decision of the court. Persons who have immunity include several groups:
- employees of diplomatic organizations that are not citizens of the Russian Federation;
- Heads of foreign countries and governments;
- employees of consular posts;
- employees of international organizations;
- representatives of countries at international organizations;
- military personnel of certain categories, persons of inspection posts and a crew of flight crews.
All these individuals have immunity to varying degrees (someone full, someone partial), but in any case, procedural actions for this group of people can be carried out only by court order.