Suspension of criminal proceedings Article 238 of the Code of Criminal Procedure

• Having established that the criminal case is not within the jurisdiction of this court, the judge makes a decision to refer the case to jurisdiction, without considering other issues specified in Art. 227 - 229 Code of Criminal Procedure.2. Draft resolution to terminate criminal proceedings? The court, when considering a case in any instance, having come to the conclusion that the law applied or to be applied in the specified case does not comply with the Constitution of the Russian Federation, applies to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of this law (Art.

101 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”). A citizen whose rights and freedoms are violated by a law applied or to be applied in a specific case has the right to appeal to the Constitutional Court of the Russian Federation with an individual complaint.

Article 238 of the Code of Criminal Procedure of the Russian Federation

in case of serious illness of the accused, if it is confirmed by a medical report;

The judge issues a decision to suspend criminal proceedings:

in the event that the court sends a request to the Constitutional Court of the Russian Federation or the Constitutional Court of the Russian Federation accepts for consideration a complaint about the compliance of the law applied or to be applied in this criminal case with the Constitution of the Russian Federation;3. Paragraphs 1 and 4 of part one of this article do not apply if there is a request from one of the parties to conduct a trial in the manner provided for in part five of Article 247 of this Code. 4) in the case where the location of the accused is known, but there is a real possibility of his participation in the trial absent.

if the court sends a request to the Constitutional Court of the Russian Federation or the Constitutional Court of the Russian Federation accepts for consideration a complaint about the compliance of the law applied or to be applied in this criminal case with the Constitution of the Russian Federation;

The judge issues a decision to suspend criminal proceedings:

in the case where the location of the accused is known, but there is no real possibility of his participation in the trial. See: Resolution of the Plenum of the Supreme Court of the Russian Federation of October 31, 1995 No. 8 “On some issues of the application by courts of the Constitution of the Russian Federation in the administration of justice” // Ibid. pp. 181 - 182.3. Paragraphs 1 and 4 of part one of this article do not apply if there is a request from one of the parties to conduct a trial in the manner prescribed by part five of Article 247 of this Code.

Article 238. Financial liability of an employee for damage caused to the employer

Review of judicial practice, Appendix to the letter of the Federal Social Insurance Fund of the Russian Federation dated March 21, 2005 N 02-18/07-2407 In accordance with Article 238 of the Labor Code of the Russian Federation, the employee is obliged to compensate the employer for direct actual damage caused to him. Lost income (lost profits) cannot be recovered from the employee. Direct actual damage is understood as a real decrease in the employer’s available property or deterioration in the condition of the specified property, as well as the need for the employer to make costs or unnecessary payments for the acquisition or restoration of property.

Review of judicial practice of the Supreme Court of the Russian Federation dated 02/09/2005

Answer: In accordance with Art. 238 of the Labor Code of the Russian Federation, the employee is financially liable for damage incurred by the employer as a result of compensation by him (the employer) for damage to other persons. At the same time, for the damage caused, the employee bears financial liability within the limits of his average monthly earnings, unless otherwise provided by the Code or other federal law (Article 241 of the Labor Code of the Russian Federation).

Determination of the Supreme Court of the Russian Federation dated 01.08.2008 N 48-B08-7

In resolving the case, the court was guided by paragraph 1 of Article 1081, paragraph 3 of Article 1083 of the Civil Code of the Russian Federation, Articles 238, 242, 239, paragraph 5 of Article 243, paragraph 1 of Article 250 of the Labor Code of the Russian Federation and proceeded from the fact that the damage was caused by the defendant to the plaintiff as a result committing a crime. The payment by JSC Yemanzhelinskhleb (the employer of driver F.) of a sum of money in the amount of 80 thousand rubles to a third party gives the plaintiff the right to demand compensation from the defendant for the damage caused, expressed in the reduction of the plaintiff’s cash property, in full. Taking into account the defendant’s voluntary compensation of 40 thousand rubles to the victim’s representative and the defendant’s lack of intent in committing the crime, the court reduced the amount to be reimbursed from F. to 40 thousand rubles. The cassation court also drew attention to the fact that the criminal actions of the employee caused direct actual damage to the employer in the form of excessive payments by the employer to compensate for the damage caused by the employee to a third party. At the same time, the cassation court rejected F.’s arguments about the absence of a guilty verdict against him, pointing out that the criminal case against F. was terminated by a court order in connection with his reconciliation with the victim’s representative on the basis of Art. 76 of the Criminal Code of the Russian Federation and Art. 25 of the Criminal Procedure Code of the Russian Federation, which, as a necessary condition for the termination of a criminal case on this basis, provide for compensation by the person who committed the crime for the harm caused to the victim. In particular, according to Art. 76 of the Criminal Code of the Russian Federation, a person who has committed a crime of minor or medium gravity for the first time may be released from criminal liability if he has reconciled with the victim and made amends for the harm caused to the victim. From the content of this provision of the law it follows, as the cassation court indicated, that the obligation to make amends for the harm caused to the victim lies directly with the person who committed the crime, and therefore cannot be shifted to the employer of this person.

Determination of the Constitutional Court of the Russian Federation dated November 20, 2008 N 970-О-О

2.1. By ruling No. 138-О-О dated January 25, 2007, the Constitutional Court of the Russian Federation refused to accept for consideration the complaint of citizen V.M. Rubanov for violation of his constitutional rights by certain provisions of the Labor Code of the Russian Federation, the Civil Procedure Code of the Russian Federation and the Civil Code of the Russian Federation, since she did not meet the requirements of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”, according to which the complaint to the Constitutional Court of the Russian Federation is recognized as admissible, and since the resolution of the issues raised in the complaint is not within the jurisdiction of the Constitutional Court of the Russian Federation. At the same time, the Constitutional Court of the Russian Federation indicated that in his complaint the applicant, without essentially challenging the constitutionality of the articles of the Labor Code of the Russian Federation, the Civil Procedure Code of the Russian Federation and the Civil Code of the Russian Federation listed in it, is actually appealing the legality and validity of the judicial decisions issued in his labor disputes decisions that are beyond the jurisdiction of the Constitutional Court of the Russian Federation. The applicant’s repeated appeal to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of Articles 238, 242, 246 and 247 of the Labor Code of the Russian Federation, Articles 133 and 140 of the Code of Civil Procedure of the Russian Federation is aimed at revising the said Determination of the Constitutional Court of the Russian Federation, which is unacceptable.

Determination of the Supreme Arbitration Court of the Russian Federation dated January 28, 2011 No. VAS-15201/10 in case No. A76-41499/2009-15-756/129

In refusing to satisfy the claim, the court of first instance proceeded from the fact that the company had not proven N.G. Terentyeva’s guilt in causing harm to the company, since there was no information about her exercising the functions of chief accountant and financially responsible person during the period under review; primary documents were not submitted in relation to violations identified by the audit due to the company’s gross failure to comply with the rules for filling out accounting registers; By virtue of the provisions of the company's charter and articles 238, 241, 243 of the Labor Code of the Russian Federation, the defendant cannot bear full financial responsibility for the lack of funds in the cash register.

Determination of the Constitutional Court of the Russian Federation dated April 22, 2010 N 614-О-О

In his complaints to the Constitutional Court of the Russian Federation, V.M. Rubanov asks that Articles 2, 4 (part 1), 15 (parts 1 and 4), 17, 18, 19 (parts 1 and 2), 21 (part 1), 37 (parts 2 and 3), 46 (part 1), 47, 50 (parts 1 and 2), 52, 53, 54 (part 1), 55 (parts 1 and 2), 120 and 123 (part 3) of the Constitution of the Russian Federation, paragraph 1 of article 10, articles 15, 150 , 151, paragraphs 2 and 5 of Article 152, Articles 1100, 1101 of the Civil Code of the Russian Federation, paragraph 5 of part one of Article 23, Article 24, 39, part three of Article 45, part two of Article 61, part one of Article 194, parts three and four of Article 198, paragraph five of Article 215, paragraph four of Article 217, paragraph three of Article 328, paragraphs 1 and 2 of part one of Article 362, articles 381, 393, 397 of the Code of Civil Procedure of the Russian Federation, paragraph 4 of part one of Article 33, article 121.1 of the Labor Code of the Russian Federation, part second article, articles 192, 193, 232, 233, 238, 242, 246, 247, 373, 390, 392 of the Labor Code of the Russian Federation, parts two and five of article 20, part one of article 318 of the Code of Criminal Procedure of the Russian Federation.

Determination of the Constitutional Court of the Russian Federation dated November 20, 2014 N 2578-O

By concluding an employment contract, the employee undertakes to conscientiously fulfill his labor duties, take care of the employer’s property, and also compensate the employer for direct actual damage caused to him (Articles 238 of the Labor Code of the Russian Federation). These requirements apply to all employees. By virtue of Article 243 of the said Code, the employee is assigned full financial responsibility in the event of a shortage of valuables entrusted to him on the basis of a special written agreement (clause 2 of part one of this article). Moreover, before making a decision on compensation for damage by a specific employee, the employer is obliged to conduct an inspection to establish the amount of damage caused and the reasons for its occurrence (Article 247 of the said Code).

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated August 14, 2017 N 83-КГ17-12

Article 238 of the Labor Code of the Russian Federation establishes that the employee is obliged to compensate the employer for direct actual damage caused to him. Lost income (lost profits) cannot be recovered from the employee. Direct actual damage is understood as a real decrease in the employer’s available property or deterioration in the condition of said property (including property of third parties located at the employer, if the employer is responsible for the safety of this property), as well as the need for the employer to make costs or excessive payments for the acquisition, restoration of property or compensation for damage caused by the employee to third parties.

Determination of the Judicial Collegium for cases of military personnel of the Supreme Court of the Russian Federation dated June 15, 2017 N 205-КГ17-11

According to Art. 238 of the Labor Code of the Russian Federation, the employee is obliged to compensate the employer for direct actual damage caused to him, which is understood as a real decrease in the employer’s cash property or deterioration in the condition of said property, as well as the need for the employer to make costs or excess payments for the acquisition, restoration of property or for compensation for damage caused employee to third parties.

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated May 28, 2018 N 18-КГ18-66

PJSC Sberbank of Russia, represented by the central branch N ... believed that as a result of improper execution, Fedorchenko V.A. and Zheleznyak Yu.E. of his official duties, the Bank suffered material damage in the amount of RUB 494,842. 52 kopecks, which they asked to collect from them on the basis of labor legislation (Articles 232, 233, 238, 242, 243 of the Labor Code of the Russian Federation).

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated July 16, 2018 N 56-КГ18-18

As part of the criminal case, Chuguevsky LZK LLC, as a civil defendant, paid the full amount of damage to the federal budget - 3,663,086 rubles, in connection with which Chuguevsky LZK LLC asked the court on the basis of paragraph 1 of Article 1081 of the Civil Code of the Russian Federation , Article 238 of the Labor Code of the Russian Federation, to recover from Kuzmenko A.A. as from the tortfeasor and the employee of Chuguevsky LZK LLC, the specified amount was paid to the income of the Russian Federation.

Article 238

in the case where the accused has fled and his whereabouts are unknown;

in the case where the location of the accused is known, but there is no real possibility of his participation in the trial.

In the case provided for in paragraph 1 of part one of this article, the judge suspends the criminal proceedings and, if the accused who is in custody has escaped, returns the criminal case to the prosecutor and instructs him to ensure the search for the accused or, if the accused who is not in custody has escaped, selects him a preventive measure in the form of detention and instructs the prosecutor to ensure his search.4. Part two com. The article provides for the return of the case to the prosecutor only if the accused escaped from custody (since such an escape is an independent crime, the criminal case of which must be combined into one proceeding with the case already being considered by the court). If the accused, who is not in custody, has escaped from the court, the court chooses a preventive measure in the form of detention and is limited to giving the prosecutor instructions to ensure a search without returning the case to the prosecutor.3.

Paragraphs 1 and 4 of part one of this article do not apply if there is a request from one of the parties to conduct a trial in the manner prescribed by part five of Article 247 of this Code.

The judge issues a decision to suspend criminal proceedings:

In cases where a defendant in custody has escaped, the court either suspends the criminal proceedings and instructs the prosecutor to launch a search for him, or returns the suspended case to the prosecutor. Termination of criminal proceedings at the investigation stage? The latter, on his own initiative, announces a search for the fugitive accused.

If the accused is found or has recovered, the judge makes a decision to resume the criminal proceedings and resolves the issues specified in Art.

227 - 229 Code of Criminal Procedure.2) in case of serious illness of the accused, if it is confirmed by a medical report;3. Paragraphs 1 and 4 of part one of this article do not apply if there is a request from one of the parties to conduct a trial in the manner prescribed by part five of Article 247 of this Code.

Article 238

Part two com. The article provides for the return of the case to the prosecutor only if the accused escaped from custody (since such an escape is an independent crime, the criminal case of which must be combined into one proceeding with the case already being considered by the court). If the accused, who is not in custody, has escaped from the court, the court chooses a preventive measure in the form of detention and is limited to instructing the prosecutor to ensure a search without returning the case to the prosecutor.

In cases where a defendant in custody has escaped, the court either suspends the criminal proceedings and instructs the prosecutor to launch a search for him, or returns the suspended case to the prosecutor. The latter, on his own initiative, announces a search for the fugitive accused.

If the accused is found or has recovered, the judge makes a decision to resume the criminal proceedings and resolves the issues specified in Art.

227 - 229 Code of Criminal Procedure.5. If there are grounds for reopening the case, the judge alone, without the participation of the parties, makes a decision to resume the proceedings and schedule a court hearing, or if there are grounds for this, provided for in Article 229 of the Code of Criminal Procedure of the Russian Federation, schedules a preliminary hearing (clause 18 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 22. 2009 N 28 “On the application by courts of the norms of criminal procedural legislation governing the preparation of a criminal case for trial” ).6.

If the location of the accused is known, but there is no possibility of his participation in the trial (for example, the State Duma of the Federal Assembly of the Russian Federation or the legislative assembly of a constituent entity of the Russian Federation does not agree to prosecute a deputy, or the person fled after committing a crime on the territory of the embassy of a foreign state that does not extradite the accused to bring to criminal liability), the judge decides to suspend the criminal proceedings.

Suspension of criminal proceedings Article 238 of the Criminal Code

The judge issues a decision to suspend criminal proceedings:

If the accused at the stage of scheduling the case for trial suffers from a mental illness that is not temporary, and if he does not pose a danger to himself, others and society, then the judge must resolve the issue of terminating the criminal proceedings.

If the accused falls ill at the stage of scheduling the case for trial with a mental illness that is not temporary, and he poses a danger to himself, others and society, then the judge makes a decision to schedule a court hearing to apply compulsory medical measures to the person. 1) in the event that when the accused has disappeared and his whereabouts are unknown; 2. In the case provided for in paragraph 1 of part one of this article, the judge suspends the criminal proceedings and, if the accused who is in custody has escaped, returns the criminal case to the prosecutor and instructs him to ensure the search for the accused or, if the accused who is not in custody has escaped, selects him a preventive measure in the form of detention and instructs the prosecutor to ensure his search.

In addition, at the time of suspension, the following procedural actions are terminated: When a criminal case is suspended at the stage of its judicial consideration, the court issues a ruling on this. It should be noted that most of the grounds for suspending proceedings at the trial stages are related to the inability of the accused or defendant to participate in the process. This is due to the fact that in criminal proceedings, the participation of these persons is mandatory, with the exception of cases of decisions made in their respect in absentia, for example, the election of a preventive measure in the form of detention of a person put on the international wanted list (Article 108 of the Code of Criminal Procedure of the Russian Federation), consideration of a criminal case in absentia (part 5 of article 247 of the Code of Criminal Procedure of the Russian Federation).1. Clause 1 part 1 art.

238 should be formulated as follows: “if the accused has disappeared or his place of stay has not been established for other reasons.”

The judge issues a decision to suspend criminal proceedings:

in the case when the accused has disappeared and his whereabouts are unknown; 2. In the case provided for in paragraph 1 of part one of this article, the judge suspends the criminal proceedings and, if the accused who is in custody has escaped, returns the criminal case to the prosecutor and instructs him to ensure the search for the accused or, if the accused who is not in custody has escaped, selects him a preventive measure in the form of detention and instructs the prosecutor to ensure his search. 4) in the case where the location of the accused is known, but there is no real possibility of his participation in the trial.

in the case where the accused has fled and his whereabouts are unknown;

The judge makes a decision to suspend the proceedings in a criminal case: 3. Paragraphs 1 and 4 of part one of this article do not apply if there is a request from one of the parties to conduct a trial in the manner provided for in part five of Article 247 of this Code. 4) in the case where the place the location of the accused is known, but there is no real possibility of his participation in the trial. 2. In the case provided for in paragraph 1 of part one of this article, the judge suspends the criminal proceedings and, if the accused who is in custody has escaped, returns the criminal case to the prosecutor and instructs him to ensure the search for the accused or, if the accused who is not in custody has escaped , chooses a preventive measure in the form of detention and instructs the prosecutor to ensure his search. 4) in the case where the location of the accused is known, but there is no real possibility of his participation in the trial. and also ________________________________________________________________, we accuse__ (prosecute__) _________________________________________________

Article 238 of the Code of Criminal Procedure of the Russian Federation. Suspension of criminal proceedings (current version)

1. Criminal proceedings are suspended not only when the accused has disappeared and his whereabouts are unknown, but also in the case when the location of the accused is known, but there is no real possibility of his participation in the trial (clause 4, part 1, article 238 ). However, it should be borne in mind that the suspension of proceedings by the court is impossible on this basis if one of the parties makes a request to conduct a trial in the absence of the defendant in cases of serious and especially serious crimes in the manner prescribed by Part 5 of Art. 247.

2. A serious illness of the accused entails the suspension of the proceedings if it (the illness) prevents his participation in the court hearing (clause 2, part 1, article 238). The fact of such a disease can be confirmed by a medical report, which is not the conclusion of a forensic expert, since the examination is not carried out in preparation for the court hearing. When the illness of the accused is a mental disorder, but his condition does not pose a danger to others and himself, and the judge has reason to believe that an act prohibited by criminal law was committed by a person in a state of insanity, the judge must schedule a court hearing at which a trial will be ordered. a psychiatric examination in order to check the mental state of this person and the issue of termination of his criminal case was considered due to the lack of corpus delicti in the act on the basis of clause 2 of part 1 of Art. 24. If the mental disorder of the accused does not pose a danger, occurred after the commission of a criminal act and, according to a medical report, is temporary, then the proceedings may be suspended on the basis of paragraph 2 of Art. 238. It seems that in other cases of detection of signs of mental disorder in the accused, the judge must return the case to the prosecutor to draw up a decision on sending the criminal case to the court to consider the possibility of applying a compulsory measure of a medical nature, etc.

3. The basis for a judge to suspend proceedings in a criminal case may also be the court sending a request to the Constitutional Court of the Russian Federation or the Constitutional Court accepting for consideration a complaint about the compliance of the law applied or to be applied in this criminal case with the Constitution of the Russian Federation (clause 3, part 1, art. 238). The sending of a request by the court to the Constitutional Court of the Russian Federation is the basis for suspending the proceedings not only if the request was sent by the judge conducting this preliminary hearing, but also by another court of any instance (Articles 101, 103 of the Federal Code of Law “On the Constitutional Court of the Russian Federation”). Federation").

Comment source:

Ed. A.V. Smirnova “COMMENTARY ON THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION” (ARTICLE BY ARTICLE), 5th edition

SMIRNOV A.V., KALINOVSKY K.B., 2009

Suspension of a criminal case

After the termination of the criminal case, issues of canceling the preventive measure and lifting other restrictions (removal from office, seizure of property, etc.) are resolved.

The most common reason for suspension of criminal proceedings is the illness of the accused.

Full name of the judge, position, name of the court;
data of the prosecution and F. Request for questioning of a witness in a criminal case article of the Criminal Code? I.O. of the defendant;
name of the crime, article;
validity;
grounds for suspension of the criminal case according to the Code of Criminal Procedure of the Russian Federation;
decision - to suspend the proceedings, postpone the trial;
selection of a preventive measure;
the procedure for appealing a decision to suspend a criminal case;
signature.

the accused has fled and the court does not know his whereabouts;
the defendant is seriously ill and cannot take part in the hearings;
the court sent a request to the Constitutional Court for clarification of the law;
the accused cannot participate in the proceedings (though his whereabouts are known to the court).

The procedure for suspending a criminal case depends on the reason. If the accused has escaped from custody, the judge returns the case to the prosecutor and instructs him to take measures to search for him.

Why might suspension occur?

If we talk about the reasons for the suspension, this can be observed in Article 208 of the Criminal Procedure Code. The list consists of only 4 points, but they all provide the necessary information.

These include:

During the investigation, it was not possible to establish the identity of the person who committed the crime. As a result, it was not fully revealed. This is one of the main options that are used today. Such cases are very often called “dark”, and the crime is closed due to the failure to identify the person.

The suspect is simply hiding from the investigation or his identity cannot be established. Most often he travels abroad. Those people who are under a written undertaking not to leave the country are hiding. Very often those people who are already under criminal prosecution also disappear, but they either do not know about it or do not want to go to the investigative committee. Very often people travel abroad and there is no way to find them.

IMPORTANT !!! It also happens that a person simply deliberately hides from accusations, changes his place of residence and his data. In any case, a person is put on the wanted list after the criminal case has been suspended or while still at the investigation stage. It can be completely different and is carried out as part of a search event.

A person has no real opportunity to participate in search and investigative actions. He is not hiding, employees know his whereabouts. This is one of the most unclear grounds for suspending a case. But most often this happens when a person goes on a business trip without the opportunity to participate in the investigation. It is also possible that a person has some kind of illness that prevents participation in investigative activities. But, this point falls under Article 208.

The accused or suspect is seriously ill and is in a medical facility. There is a special conclusion that does not give him the opportunity to participate in actions. As a rule, we are talking only about treatment in a medical facility, but a person can also be recovering at home.

ATTENTION !!! In the latter case, the doctor must issue a conclusion that the person cannot participate in the activities due to his state of health. Due to the illness of the defendant, the process may drag on for a long time.

In addition, Article 209 provides the procedure for suspending a criminal case. If the identity of a particular suspect has not been established, and it was simply impossible to find him, then the suspension can only occur 2 months after the investigative measures. For all other reasons, a decision is made immediately as soon as legal grounds for this arise. In any case, the suspension should only be a legal measure, because otherwise all participants in the process may suffer.

It is also necessary to pay attention to the order in which the decision is made. There are 3 main points to highlight here:

The decision will be made only by the investigator who led this criminal case. He must take control of this issue on his own.

Absolutely all participants who were involved in the investigation of the case are notified of the decision.

A copy of the decision is sent to the prosecutor's office or other similar authority. In the future, a criminal case in full will follow there. But it may not get there so soon, because it will go along with other suspended cases or in case of a request for supervision.

If a situation occurs that several people are suspected in a case at once, then under paragraphs 2,3,4 of Article 208, the issue of separating a criminal case is considered. This concept is often used to conduct investigations and can yield positive results. In this case, only an individual person is singled out, in relation to whom the investigation is suspended, and in relation to other persons it continues, as before. But this is the right of the investigator himself. He can make his own decision on this matter. Usually, this issue is resolved on an individual basis. This takes into account all the timing, the preventive measure, as well as the feasibility of holding such an event.

ATTENTION !!! Another question immediately arises that is related to the seizure of property and the imposition of certain restrictions. The arrest can either be maintained or lifted.

In addition, any changes may be made. The feasibility of applying any measures of state protection to all people involved is considered. Application continues or is cancelled.

If we talk about the seizure of property, then such an action must be completely legal. All persons involved in the case are notified of the decision.

Article 238 of the Code of Criminal Procedure of the Russian Federation (Criminal Procedure Code of the Russian Federation)

The judge issues a decision to suspend criminal proceedings:

PART FOUR. Special procedure for criminal proceedings

Article 238 of the Code of Criminal Procedure of the Russian Federation (Criminal Procedure Code of the Russian Federation). Suspension of proceedings in a criminal case 1) in the case where the accused has disappeared and his whereabouts are unknown;2.

the accused was found and taken into custody;
a doctor’s report on recovery or improvement in physical condition has been received;
An answer was given from the Constitutional Court of the Russian Federation.

The serious illness of the accused also excludes the possibility of participation in the trial when he:

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Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!

What about renewal?

You can resume a criminal case at any time. But here the following principles must be observed, among which are:

Any reasons for why the investigation was suspended disappear.
There was a need for investigative measures.
The prosecutor canceled the order to suspend the criminal case. He may consider it illegally opened or unfounded.

Also, participants in the process can take the initiative and suspend production. Most often, they are the injured party. It is very important that the crime is solved quickly and the wanted person is not found.

ATTENTION !!! According to Article 211 of the Criminal Procedure Code, you can find out that among the grounds may be an ordinary complaint of an interested person. This is not explicitly mentioned, but can be applied. Complaints are addressed to the prosecutor's office, after which an explanation is provided regarding the illegality of the decision. You can appeal it to the investigator or supervisor.

If the prosecutor’s office cancels a decision, then it is necessary to indicate not only the basis for such a decision, but also indicate the necessary investigative actions. It could be a month-long investigation since production resumed. After this, it is extended in the general manner, if necessary.

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