Advice 1: How to write a refusal of a criminal case

In life there are times when it is necessary to address in law enforcement bodies with the statement for excitation of criminal case. Sometimes it happens that the statements are written without a proper assessment of the event (under the influence of emotions, the result of error), or after it is written there is reconciliation with the offender. In such situations, the question arises about how to refuse from the initiation of the criminal case.
How to write a refusal of a criminal case
Instruction
1
The correct solution of such problems it is necessary to know that according to the Criminal procedure code of the Russian Federation, all crimes are divided into cases of private, private-public and public prosecution. Business private-public and public prosecution are excited by the statements (reports) victims, and the failure in this case is possible only after carrying out procedural checks. This decision is made by the investigator, if he comes to the conclusion about absence of signs of a crime. Cause of private prosecution (such as insult, slander, beatings, infliction of harm to health) are excited only in the presence of a victim's statement, and may be terminated in connection with reconciliation of the parties. Importantly, the reconciliation has occurred pending the court decision on the case in the first instance (on the merits).
2
In order to unsubscribe from the excitation of the criminal case, the victim should write the corresponding statement that must be submitted to the preliminary investigation body. It shall state the circumstances causing such refusal. After taking statements the investigator (the court) refuses to initiate criminal case.
3
The refusal of excitation of criminal case is the result of carrying out procedural checks to report the crime. The crucial point here is the desire of the victim to reconcile with the person who did it.
Note
Remember, if your application (referring to the case of private-public prosecution) accepted the decision about refusal in excitation of criminal case against the applicant automatically a criminal case for obviously false denunciation.

Advice 2 : When you can pick up a statement from the police

Pick up from the police statement about the committed offence is impossible, however, in some cases, the applicant has the chance to terminate the criminal case in connection with reconciliation of the parties.
A statement to the police
Submit a statement to the police can any citizen who suffered from wrongful acts. However, it sometimes happens that under different circumstances, it is required to perform the opposite action – to take a statement.

Is there such a thing as "take away" statement?


In criminal proceedings there is no such term as "give" or "return" statement. After contacting the victim to the police statement must be registered in the Book of records of incidents. According to the law the decision on the application shall be made within three days, but in some cases the period may be extended up to 10 and sometimes up to 30 days. At the expiration of that period, or excite criminal case, or refuse its excitation. There is a third option – the application is submitted to the court, if we are talking about criminal cases of private prosecution.
The victim has no right to withdraw your application for whatever reason it was, and for some reason decided not to bring the culprit to justice.

How to quit a case if to take a statement from the police is impossible


Termination of criminal proceedings is possible if held reconciliation of the victim with the accused and the victim received compensation for the done moral and material harm. In this case, the applicant shall submit a petition outlining the new circumstances of the case and request to stop the prosecution. Most likely he will meet, if there is a crime of medium gravity, and the defendant has not previously been brought to criminal liability and fully indemnified losses.
The investigator and the court must dismiss the case at the request of the victim, if it relates to criminal cases of private prosecution.

There is another way to stop the investigation, but it is fraught with the applicant's negative consequences. In this case, the victim re-turns to the police with a petition in which information of the first statements are called false. Such recognition threatens criminal case for perjury.
If you committed a serious crime, to stop criminal case has been initiated at the request of the applicant impossible.
Crimes that relate to the business of public prosecutions, investigated mandatory, regardless of the victim wrote the statement or not.
For such cases is not provided the reconciliation of the parties, so the court and the investigating authorities have full right to deny the victim's request to stop the investigation.
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