The reconciliation of the parties in a criminal case - a way to terminate the case without a court verdict. This procedure has a number of features and consequences that citizens, unfortunately, do not take into account, agreeing to such a step.
Regulations
The reconciliation of the parties in a criminal case is regulated by the norms of the Code of Criminal Procedure and the Criminal Code. The provisions of the first code are partially duplicated by the provisions of the second. Therefore, it is still worth looking into both laws, and not limited to the CPC. The clarifications of the Supreme Court on the procedure for conciliation of the parties in a criminal case (resolution of the plenum of 2013 as amended) are of serious importance for practice. In this case, they have a serious impact, and the judges try not to retreat from them.
Application cases
The procedural law refers to Art. 76 of the Criminal Code, which lists the conditions allowing reconciliation of the parties in a criminal case:
- the accused or defendant was not previously held accountable;
- the act has the character of a slight or moderate severity;
- on the part of the perpetrator there is compensation for property damage and reconciliation with the victim.
Consider the meaning of each of the provisions below. Note that reconciliation of the parties in a criminal case is one of the ways to dismiss a case without a court verdict, which means a criminal record for the accused.
First time accountability
Let us consider in more detail what constitutes a person who is not considered to have been held accountable before, in the light of the reconciliation of the parties in a criminal case:
- several crimes have been committed that fall under one or several articles of the Criminal Code;
- a previous sentence does not matter if it has not yet entered into force;
- a previous sentence was passed, but the criminal record expired or the criminal record was removed from the person by the court;
- the earlier sentence entered into force, but the article of the Criminal Code ceased to be valid (repealed);
- the guilty party was previously held accountable, but was released from it.
Degree of harm
From the point of view of the Criminal Code, the minor severity of harm is crimes involving a punishment of not more than 3 years in prison. The average severity is not more than 3 years imprisonment for intentional crimes and not more than 5 years for committed negligence.
It should be borne in mind that the same article describes acts of different severity. Therefore, the application of the provisions in all parts is not allowed. So, for example, reconciliation of the parties in a criminal case under article 158 of the Criminal Code is allowed if the actions fall under the first two parts of the article, all the rest involve punishment of more than 3 years in prison. With appropriate qualifications for the actions of the person brought to justice, the application for reconciliation will be denied.
Compensation for harm
The termination of the criminal case for the reconciliation of the parties is allowed with full compensation for the harm that has been caused. In the case of theft, for example, the victim receives an amount equivalent to the stolen property, or a similar thing. The clarification stipulates that the actions of the perpetrator should not be illegal. For example, the funds or property offered to them should be acquired legally and belong only to him.
At the same time, it is not prohibited if the transfer of property or cash compensation is provided by someone else (on a voluntary basis). This is practiced if the accused is in custody awaiting trial.
The value of the property or the amount of the amount paid may differ from the amount of harm, the court is interested in the question: does the victim agree with it. It is noted that the victim must agree with the method and amount of compensation. Without his consent, reconciliation is not considered successful. When pronouncing the verdict, the court must take into account this moment.
If the accused offers to dismiss the case and then pay compensation or take other measures to compensate for the damage, his promises do not matter. Some crimes are associated with actions that discredit the honor and reputation of a person. It is acceptable to make a statement in the press and take other measures sufficient from the point of view of the victim.
If there are several participants
On the defense and prosecution side, several persons may be present. If there are several accused, reconciliation is allowed in respect of those who took measures to resolve the conflict, and whose proposals were accepted by the victim.
If there are several victims, then the accused must reconcile with all, without exception. The lack of consent of at least one of the victims makes it impossible to terminate the criminal case for reconciliation of the parties.
Who is entitled to initiate the procedure
The CPC refers to the statement of the victim or his representative. Representative - a person acting on the basis of a power of attorney or who is the legal representative (parent, guardian) - has the right to file a petition for reconciliation of the parties in a criminal case. The paper is sent to the inquiry officer, investigator or judge. The practice is such that all statements of this kind are considered by the judges. What is the reason?
If the interrogating officer or investigator dismisses the case before the materials are submitted to the court, it shall not be included in the category of disclosed within the framework of statistical reporting. According to the law, both the inquirer with the consent of the prosecutor and the investigator with the consent of the head of the investigation department are entitled to terminate. In connection with other provisions of the Code of Criminal Procedure, the consent of the accused is formally required, otherwise the process will continue in the usual manner.
What law enforcement officers pay attention to
The clarification notes the obligation of the court to pay attention to the circumstances of the case. The reconciliation of the parties in a criminal case in court is a right, not an obligation of a judge. The same rule applies to the inquiry officer or investigator.
They study the following nuances:
- personality characteristics of the accused;
- degree of public danger of the crime;
- whether there was pressure on the injured person.
Information is collected at the place of study, residence, work. Police officers are required to demand them, but if for some reason this is not possible, the accused or his defense counsel do it.
The degree of danger refers to the resonance of the act, how much the situation had a strong impact on the victim. For example, whether he was in a helpless state or depending on the guilty person. Whether the accused has previously committed unlawful acts against the victim.
Pressure refers to threats, demands to file an application for termination of the case on the part of the accused, his relatives, friends and relatives. In this case, the reality of the use of violence, the use of addiction.
In particularly flagrant cases, the prosecutor has the right to transfer the case for preliminary investigation to the investigative department, despite the jurisdiction of the case to the inquiry bodies or refusal to conduct an investigation (private prosecution cases are immediately considered by the court upon application of the victim).
Paperwork
Are the parties signing an agreement on reconciliation of the parties in the criminal case? An application is submitted to the court on behalf of the victim or his representative. There are no special requirements for its form and content. Its structure is approximately as follows:
- name of the court (world plot number);
- The applicant’s full name, place of residence, phone number, other means of communication;
- a summary of the arrangements in which the guilty person or his representatives fulfilled them (cash payment or provision of equivalent property);
- a request for the termination of the case in connection with compensation for harm that was caused;
- signature and filing date.
The application is accompanied by receipts and other documents confirming the transfer of money, property, the fulfillment of other conditions. Different regions are asking for something to be added, for example, to indicate the absence of pressure from the prosecution.
For example, if there was a theft, the victim describes what property was transferred or what amount was paid in return, papers on the property are attached (contract, acceptance certificate).
Features of the judicial procedure
A party has the right to turn to a judge and file an application to dismiss a case before he leaves the deliberation room. As a rule, the judge, starting to consider the case, takes the initiative and offers the parties to reconcile, finds out whether there have been such attempts before.
The judge is interested in the opinion of all participants in the trial, including the defendant. If he agrees to the proposal, he shall be deemed guilty. The statement on his behalf is often asked to indicate agreement with the prosecution, a guilty plea. If he does this, then he will not be able to then ask for the annulment of the judicial act and its review, insisting on his own innocence.
If the criminal case is closed by reconciliation of the parties, this is considered a non-rehabilitating basis, and the information falls into the Ministry of Internal Affairs system. For such a person, the path to many posts and activities is closed.
The court decision is allowed to appeal in the general manner within 10 days from the date of its adoption. Judges almost never refuse a request to dismiss a case on the basis of reconciliation, therefore such cases are extremely rarely reviewed by the appellate court. As soon as the decision becomes legal, the criminal case is closed by reconciliation of the parties.
Features of the actions of the victim
For some reason, the victim does not appear in court (due to his health, remoteness of his place of residence from the court). In this case, a conference call is provided with the court at the place of residence or location of the victim.
Another option is to send a statement certified by a notary, additional documents may be provided to the accused (checks, etc.). Nevertheless, judges often do not have enough documents alone, and they seek direct communication with the participant in the case.
Sometimes even telephone communications are used, which is noted in the minutes of the meeting.
And one more thing: the adoption by a court of a decision deprives the victim of a refusal to reconcile in the future.