For starters, you should know what the reason may refuse to initiate criminal proceedings.
At the present time to refuse to initiate criminal case can only if there are grounds for its initiation or the crime is not significant and poses no danger. For example, if misconduct or an administrative offense.
The Prosecutor, the investigator or the inquirer are obliged to pass the decision about refusal in excitation of criminal case. In addition, within three days they must provide the applicant with regulationm giving him a copy of the decision.
What if the crime took place, and the Prosecutor, the investigator or the interrogating officer refused your application? To appeal the decision. To appeal not only the applicant but also to any interested person.
For starters, carefully read the judgmentof M.
Note on a formal basis, which is at the end of the document. There will definitely be links to articles Criminal procedure code of the Russian Federation. Read and rationale for decisions. It contains early papers in reasoning part.
Note that for excitation of criminal case required 4 required parts: subject, object, subjective aspect of crime, the objective side. If some of them not – to appeal decisions useless.
Make a statement on familiarization with the test materials, materials which was the failure to excite. To do this, write the application addressed to the head of the body, the employee who made the decision. The statement include:
1) the procedural position in which you are located;
2) the date of filing the application on initiation of criminal case, its essence;
3) the number and date of the decision;
4) the number and date of the inspection (usually specified in the resolution);
5) the requirement of familiarization with materials of the audit with reference to part 2 of article 24 of the Russian Constitution, which gives the right to become acquainted with the materials directly affecting your interests;
6) ask for permission to use technical means, because you will need to make copies of documents contained in the audit materials.
Mark the date and signature. Write the statement in duplicate. One you have marked that the application is accepted for consideration.
After familiarization with the test materials directly to appeal the very ruling.
A complaint may be filed with the head of the investigative body that issued the decision about refusal in excitation, and the Prosecutor's office or court. You decide.
1. In the header of the document, specify the name of the authority to which the complaint will be addressed. Surname and initials of the head. If a complaint is filed with the court, provide the name of the President of the court is not necessary.
2. Enter your surname, name, patronymic, his procedural position, address and contact numbers.
3. Indicate on the decisionthat you are appealing, your reasons and what your rights were violated.
4. Write your requirements.
5. In the complaint need to be mentioned that the investigator's decision was unreasonable, unwarranted and inconsistent with the criminal procedure legislation.
Try to refute the arguments of the Prosecutor, investigator, inquirer, and bring his sound and proven arguments.
6. Mark the date and signature. Write the complaint in two copies, one of which will stay with you.