Termination of a criminal case by reconciliation of the parties, sample statement of reconciliation with the victim

How to reconcile the parties in a criminal case in practice?

When the crime committed is not particularly serious for the victim (fraud, petty theft or minor damage to health), then it is possible to settle everything peacefully.

After all, a person can often realize his actions and draw the right conclusions without criminal punishment. In order to terminate the criminal process based on the conclusion of a settlement agreement, the victim submits a corresponding petition to the investigator or to the court.

What does reconciliation of the parties mean?

It is clear that this term should not be taken literally - the participants in the trial (the so-called “parties”) may not become friends, be friends with families, no longer “bear a grudge” against each other, etc. Moreover, the victim may never forgive the inconvenience caused by the crime. At the same time, if the victim voices demands that will satisfy him and the defendant agrees with these demands, the court may issue a decision to dismiss the case.

Example No. 1 . During the consideration of the case in the district court, the victim Nikonova P.A., from whom funds in the amount of 6,000 rubles were stolen, filed a petition for reconciliation, since she was fully compensated for the damage caused by the crime (6,000 rubles) and “paid for” moral suffering , which she transferred (4,000 rubles, and a total of 10,000 rubles). At the same time, the victim explained that she did not even want to see the defendant (he was her former partner), hated him and declared termination only because she did not want a lengthy trial in the case, but she was indeed compensated for the damage and was quite satisfied with the amount of money paid . The court decided to dismiss the case due to reconciliation.

This procedure is applicable at any stage of a criminal case: both during the inquiry (investigation) and during the trial, it is regulated by Article 25 of the Criminal Procedure Code of the Russian Federation and Article 76 of the Criminal Code of the Russian Federation. At the same time, the number of cases of termination of cases due to compensation for harm at the pre-trial stages is practically reduced to a few. This is partly due to the fact that law enforcement agencies need positive statistics on the referral of cases of solved crimes to court. At the same time, the participants are explained the right to declare this again in court.

Few people appeal the investigator’s decision to refuse to reconcile the parties, since often by the time such a complaint is considered, in fact, the case is already at the stage of judicial review, so the meaning of the request to recognize such a refusal as illegal is lost.

Example No. 2 . The Ivanovs quarreled; during the conflict, Ivanov beat his wife, causing her moderate harm (injuring her hand). Ivanova immediately wrote a statement to the police and insisted that her husband be prosecuted. A few days later she “cooled down” and came to withdraw her statement, since she and her husband had reconciled and forgiven each other. Ivanova wrote a new statement in which she asked to stop the case. The investigator issued a decision to refuse such a request, citing the fact that this is a right and not an obligation of an official. Having received the decision in their hands, the Ivanovs appealed it to the court, pointing out that their rights were being violated in this way. By the time the complaint was considered, a personal injury case had also been filed with the court. At the very first court hearing, the court decided to terminate due to the reconciliation of the parties based on the victim’s newly filed petition. The proceedings on the complaint were terminated without issuing a decision, which was no longer necessary.

Algorithm for the reconciliation procedure

In order for a criminal, civil or administrative case to be terminated upon reconciliation of the parties, a number of sequential steps must be completed:

note

If there are reasons that the court considers valid, the person guilty of the crime is given a deferment of execution of the sentence or serving the sentence. For example, women who have a young child are given a deferment until the child reaches the age of majority. Read more in this article

the parties come to a consensus on reconciliation;
after this, the parties to the conflict draw up an agreement on the amount and timing of repayment of the material and moral damage caused to the victim, about which a written obligation is drawn up and notarized. Another option is for compensation to be paid to the injured party by the relatives of the perpetrator. In any case, compensation must be supported by documents, i.e. receipts, bank statements, checks, etc.;
then the injured party to the conflict or its legal representative writes a statement of reconciliation. You can read more about filling out an application in the next subsection of the article;
the application is submitted to the authority that has jurisdiction over the case at the time of reconciliation. For example, if reconciliation took place during the period when an inquiry into the case was being conducted, then the application is submitted to the investigator, if during the investigation, then to the investigator, if at the trial (but before a decision is made), then to the judge of the given process. Statistics of judicial practice on reconciliation of parties indicate that the largest number of terminations of cases in connection with these circumstances occur during reconciliation during the trial;
The inquirer or investigator cannot independently make a decision to terminate the case due to reconciliation.
Therefore, they officially convey information about the reconciliation of the parties to their immediate superiors. It is at this level that a decision is made as to whether the case can be closed. If the decision of the court, prosecutor's office, or investigative committee is positive, the case is closed. Information about this is brought to the attention of the parties to the conflict. If, at the investigation stage, the authorized officials considered that the case cannot be dismissed, then the application for reconciliation can be submitted a second time at the trial stage;
the perpetrator of the offense (if he was not the initiator of the peace agreement) must be informed of the victim’s intention to reconcile. The perpetrator of the incident has the right to refuse reconciliation, thereby retaining the right to be acquitted of this crime. In the event of an acquittal, even the mention of the fact of involvement in a specific case is removed from the perpetrator.

Who can declare reconciliation

According to the law, the injured party can request this. It would seem that everything is simple - if there is a victim in the case, based on his application (petition), a decision can be made to terminate the case. At the same time, he will need to justify his appeal: to what extent the damage was compensated, whether an apology was made, the damage was made up for in another way (for example, assistance was provided in something, etc.).

At the same time, in practice some conflicts arise, which are resolved in each case individually, for example:

A fatal accident has occurred, the victim is dead

In this case, according to the norms of the criminal procedure law, a representative of the victim, one of the relatives, participates in the case. Such a representative has almost all the rights that the victim would have if he were still alive. At the same time, an application from the representative of the deceased for reconciliation with the culprit of the accident may not be satisfied, even in the case of compensation for damage in a fairly large amount.

Example No. 3 . Sergeev P.A., while driving a vehicle, hit a girl at a pedestrian crossing, causing her death. The representative of the deceased, her natural mother, announced reconciliation with the perpetrator in connection with compensation for damages in the amount of one million rubles. At the same time, the girl’s father, questioned during the court hearing, explained that he and his mother had been divorced for several years, during which she had accumulated numerous loans and was now not paying them off. According to the father, the ex-wife, declaring that the harm has been smoothed out, thus wants to solve her financial problems. The court refused reconciliation, the appeals were rejected, and a sentence was imposed in the case.

Let us immediately note that judicial practice is far from uniform in the regions, so in a similar situation the decision may be completely opposite. But the court’s attention to the position of the victim’s representative is always closer than to the actual victim.

Committed violence against a police officer

Example No. 4 . Malicious violator of public order Seroglazov R.D. when he was detained for an administrative offense, he resisted the police and strongly pushed Sergeant P.R. Kozlov, who fell and injured his leg. The case was initiated under Art. 318 of the Criminal Code of the Russian Federation for the use of violence not dangerous to life and health against a police representative. In court, Kozlov stated that he and R.D. Seroglazov. reconciled, asked to stop the case. The court rejected this application, since the crime was directed against state power, with which it was impossible to reconcile. Kozlov P.R., as stated in the resolution, is only a representative of this government, and making amends for the harm caused to him personally from bodily injury does not entail the termination of the criminal case as a whole.

Such decisions almost always remain in force, whereas earlier, about 10 years ago, reconciliation with the victim was often allowed under similar articles.

It happens that social services act as a representative of the victim

This often occurs when children have no parents (for example, a crime was committed against a child from an orphanage) or low-income citizens who do not have a permanent place of residence have no relatives. In such situations, a statement about compensation for damage from government representatives of the victim itself raises doubts - an outsider cannot fully know the depth of the suffering caused and make an objective conclusion about the sufficiency of the amount of harm caused. Typically, courts refuse to satisfy such requests from social service officials.

Arbitrage practice

At the same time, courts willingly dismiss criminal cases on this basis, even if not always legally and justifiably. Various practices on this issue have developed in different regions.

In accordance with established judicial practice, the following category of citizens may fall under the concept of “a person who has committed a crime for the first time”:

- persons who have never been convicted before and have never been prosecuted;

- persons with expunged criminal records;

- persons who were previously brought to criminal liability, but the criminal case was terminated for non-exonerating reasons.

In most regions, courts refuse to terminate a criminal case for reconciliation if a criminal case against this person has already been terminated on the same grounds. But in some regions there were cases of termination of a criminal case due to reconciliation with the victim again, and the higher court agreed with this.

The law does not define the procedural procedure for making amends for the damage caused by a crime. In practice, courts accept statements from victims, receipts for receipt of money or property, and acts of acceptance and transfer of property. Many judges practice a procedure in which the victim’s statement is entered into the minutes of the court hearing, in which the signature of the victim and the perpetrator is affixed.

The victim and the perpetrator can agree to receive compensation for harm in the future, which must be recorded in the minutes of the court hearing and in the victim’s application to terminate the criminal case. In some regions, courts do not terminate a criminal case for reconciliation if, at the time of consideration of the case in court, the harm has not yet been made up for.

Termination of a criminal case due to reconciliation is not possible for all crimes of minor and medium gravity. The Supreme Court of the Russian Federation, in its Ruling No. 53-005 of January 17, 2006, indicated that a criminal case cannot be dismissed for reconciliation if the crime committed by the perpetrator is directed against public safety and public order or against state power. Hence, the courts refuse to terminate a criminal case for reconciliation with the victim for crimes that have two objects, for example, against the health of citizens and public order. However, the law does not contain a direct prohibition on the termination of a criminal case after reconciliation in this category of criminal cases, and therefore many courts take a different position and terminate criminal cases. In such cases, prosecutors always object to the termination of the criminal case and protest court decisions.

Grounds and procedure for filing an application

Before drawing up a petition, you should once again recall the grounds on which reconciliation is permissible by law:

1. At the time of the commission of the crime, the perpetrator must not have previously been convicted. The fact is that the law provides a “benefit” in the form of termination of the case only for citizens brought to criminal responsibility for the first time.

In practice, situations arise when a person has not yet been convicted of a previous crime or has already been convicted, but the sentence has not entered into legal force. Let us remind you that only someone who has been declared guilty by a court verdict that has entered into legal force can be considered guilty. The Supreme Court of the Russian Federation, in its explanations, indicated in detail that if there is a charge brought, but not confirmed by a verdict, the person is considered unconvicted - this means that reconciliation for a repeat crime is possible.

Example No. 5 . Pavlov N.A. accused of two counts of theft committed by him on November 30, 2016 and December 1, 2016. According to the first episode, harm N.A. Pavlov did not compensate, did not admit guilt. In the second episode, Pavlov fully compensated the damage to the victim P.A. Ryabinin, apologized and admitted guilt. Ryabinin P.A. announced the termination of the case, since he had no claims against the defendant, he was satisfied with the amount paid to him. The court dismissed the case, despite the fact that at the time of consideration of Ryabinin’s petition, Pavlov N.A. was actually already charged for theft on November 30, 2016. Since there was no final verdict for the previous theft, the court considered Pavlov to be involved for the first time.

Thus, to be “brought to justice for the first time” within the meaning of the provisions of the Criminal Code of the Russian Federation, which provide for the reconciliation of the parties, means not to have a conviction at the time of consideration of the issue.

2. The category of crimes for which this procedure for terminating a case is applicable should not be grave or particularly grave. In other words, reconciliation is possible only in cases of acts for which the term does not exceed five years of imprisonment.

In practice, the question may arise whether it is possible to reconcile in cases where the sanction of the article does not provide for deprivation of liberty as a form of punishment at all.

Example No. 6 . Accused Kurochkin E.P. caused serious harm to health through negligence to E.R. Igolkin, with whom he subsequently made peace by paying compensation for the damage. Igolkin R.E. sent the court an application to terminate the case initiated under Art. 118 of the Criminal Code of the Russian Federation, the sanction of which does not provide for imprisonment as a punishment. Thus, the article provides for the possibility of imposing a fine, compulsory or correctional labor. The court rightfully granted the applicant's request, since such crimes are classified as minor crimes and reconciliation of the parties in court regarding them is allowed.

3. There must be full compensation for the harm to the victim, while statements of only intentions to pay the victim money in the future are not allowed. The amount must actually be transferred at the time of consideration of the issue of termination of the case.

Example No. 7 . Lopatin E.M. committed a robbery against Divina O.L., snatching her bag from her hands. Subsequently, all the stolen property Lopatin E.M. sold it on the market to an unidentified person, but admitted guilt in the crime and agreed to compensate for the damage caused by his actions in the amount of 15,000 rubles. Lopatin E.M. explained that today he does not have such funds, but undertakes to fully repay the debt within two months, when he gets a job. Divina agreed and wrote a statement in which she asked the court to stop the prosecution against Lopatin, since the latter promised her to compensate her for the harm caused. The court rejected O.L. Divina’s request, indicating in the ruling that the intention to fulfill the obligation to pay for damages in the future cannot be a basis for dismissing the case. In relation to Lopatin E.M. a guilty verdict was handed down and punishment was imposed.

We add that the amount of money paid to the victim may differ from the one indicated in the case, both up and down. The main thing is that this amount suits the victim. Sometimes redress may be in the form of an apology, without a monetary amount.

Example No. 8 . As a result of arbitrariness, Trenev A.R. damage in the amount of 30,000 rubles was caused. The crime was initially caused by the illegal actions of A.R. Trenev, who illegally took possession of the property of E.P. Rakitov. and the latter had to reclaim his valuables by force. Trenev A.R. stated in court that he and the defendant made peace, forgave each other and made mutual apologies. When asked by the court whether it was enough for Trenev A.R. apology in order to consider the harm smoothed over, the victim responded positively. The court decided to terminate.

Example No. 9 . The victim P.R. Konyukhova, who suffered serious harm to her health (she lost hearing in one ear), filed a claim in court for much more than the treatment cost her. Konyukhova P.R. She justified her demands by saying that as a result of her deafness she had lost a good job and needed further rehabilitation. The defendant, whose actions the investigation regarded as careless, did not agree with the monetary demands that were inflated, from his point of view. As a result, the criminal case was not terminated.

Sometimes, especially in cases of detention of the defendant, relatives pay for it. The law does not prohibit compensation for harm to victims through third parties, so the court may well terminate proceedings in such a case.

4. Admission of guilt as a condition for making a decision on reconciliation is not specified in the law as mandatory.

At the same time, compensation for damage on the part of the defendant and his denial of involvement in the crime cannot be made at the same time. Therefore, it is assumed that the defendant, when considering the motion, agrees with the prosecution.

5. A written statement must be drawn up on the part of the victim.

How to write a statement

The law does not contain clear requirements for the form of a petition (application) for reconciliation of the parties in court. At the same time, within the meaning of the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation, it must contain:

Name of the court where the applicant is applying.
Full name of the author, residential address, telephone number (optional), as well as status in the case: victim, representative of the victim; You can also indicate the number and date of the power of attorney if a representative of a legal entity is involved.
The essence: what the applicant is asking for (to terminate the criminal case on the grounds provided for in Article 25 of the Criminal Procedure Code of the Russian Federation, Article 76 of the Criminal Code of the Russian Federation).
Justification for your petition - that is, how exactly, in what amount or in what other form the damage is compensated. There must also be a record that there are no claims against the defendant.
Number, signature.

Reconciliation with the victim in court: circumstances subject to mandatory clarification

The victim plays a decisive role in reconciliation. First of all, it is his expression of will, assessment of the deed and the identity of the one who committed the crime that matters.

The court is obliged to find out:

whether the statement was written by the victim;
whether the application was written voluntarily;
how he is compensated for the harm;
will explain the consequences of termination of the case.

A necessary condition for the termination of a criminal case is the fact of making amends for the harm caused to the victim.

By virtue of Art. 25 of the Code of Criminal Procedure of the Russian Federation, one of the conditions for terminating prosecution in connection with the reconciliation of the victim with the accused is the latter making amends for the harm caused.

This circumstance can be expressed in compensation to the victim for expenses incurred in connection with the crime, compensation for damage. In this case, compensation or elimination of harm must be at least equivalent.

The court is obliged to find out how and to what extent the damage is compensated. The case must contain materials confirming this circumstance.

At the time of making a court decision, the harm caused to the victim must be made up for. As stated above, a promise to compensate for future damages does not meet the requirements of the law. In this case, the proceedings cannot be terminated.

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The court may find that making amends for the harm caused in the form of an apology is not equivalent. Elimination of damage caused to the victim may be expressed in compensation for expenses incurred by him in connection with the crime.

Within the meaning of Art. 25 of the Code of Criminal Procedure of the Russian Federation, compensation or elimination of harm must be adequate to the negative consequences caused. Making amends in the form of an apology when the actions of the defendant caused harm to health of varying degrees is not adequate.

The file must contain information about financial assistance during treatment.

The victim may demand compensation for both material and moral damage, which can be compensated in monetary terms. If the victim is not satisfied with compensation for harm, the perpetrator cannot be released from criminal liability.

Following reconciliation with the victim, cases in which an infringement was made on the property rights and interests of a legal entity may be terminated. Only if all the above conditions are met can the criminal case be terminated due to reconciliation with the victim.

The court is obliged to explain to the victim his right to reconciliation with the defendant in cases provided for in Article 25 of the Code of Criminal Procedure of the Russian Federation.

Consent of the accused in the case

Reconciliation requires the consent of the accused (Part 2 of Article 27 of the Code of Criminal Procedure of the Russian Federation). To terminate a criminal case on this basis, it is necessary that the accused agrees with this. If the latter objects, termination of the case is not permitted and proceedings continue as usual.

The law gives the court the right to terminate the case in connection with the reconciliation of the parties, but does not oblige it. Release from criminal liability in connection with reconciliation with the victim is a right, not an obligation of the court.

This conclusion follows from the content of Art. 76 of the Criminal Code of the Russian Federation and Art. 25 of the Code of Criminal Procedure of the Russian Federation, which indicates the possibility of such termination (the words “right” and “may” are used accordingly).

Prosecutor's opinion

The position of the public prosecutor on the issue of reconciliation is only the opinion of a participant in the trial.

The court must take into account the opinion of the public prosecutor along with the opinion of other participants when resolving the victim’s request to terminate the criminal case. The law does not make the resolution of this issue dependent on the position of the public prosecutor.

The consent of the public prosecutor to reconciliation is not a refusal of the prosecution, which entails the unconditional termination of the criminal case, and an objection to the satisfaction of the victim’s request is a basis for continuing the trial.

Sample application for reconciliation of the parties

Use a sample application for reconciliation of parties in a criminal case (explanations are highlighted in blue):

To the Leninsky District Court of Moscow, Judge Ivanova N.O. victim in case No. 0000000 (it is not necessary to indicate the case number) Popov R.R., living at the address: Moscow, st. Moskovskaya, 1, apt. 1 tel. 8928000000

STATEMENT for reconciliation of parties in a criminal case

It does not make a significant difference what this document is called: it will not be a mistake if instead of “application” “petition” is indicated

I request that the criminal case against A.I. Borisov, accused under Part 1 of Art. 161 of the Criminal Code of the Russian Federation, since we have reconciled.

You can briefly indicate the plot of the case:

Borisov A.I. 12/13/2016 he snatched the phone from my hands and ran away, subsequently selling it.

Next we indicate how the defendant compensated for the damage:

Borisov A.I. completely made amends for the harm caused to me in the amount of 15,000 rubles, and apologized. I have no complaints against A.I. Borisov. I don’t have any, I ask the court to dismiss the case for reconciliation of the parties.

It is advisable to include a receipt stating that the damage has actually been compensated, or refer to the following document already in the case:

Compensation for damage caused to me by A.I. Borisov is confirmed by a bank transfer receipt on case sheet No. 200, volume 2.

Also, some courts ask to indicate the following phrase:

On the consequences of termination of a criminal case under Art. 25 Code of Criminal Procedure of the Russian Federation, Art. 76 of the Criminal Code of the Russian Federation warned.

The consequences in this case mean the impossibility of prosecuting the culprit for the same unlawful act in the future. That is, if after some time the victim changes his mind or considers that the compensation was too small, it will be impossible to return to this issue and resume the investigation.

01.12.2016 Popov R.R., signature.

Conditions for terminating a criminal case upon reconciliation between the accused and the victim

The criminal law of the Russian Federation provides for the possibility of terminating a criminal case for fraud in connection with the reconciliation of the parties. This provision is enshrined in Art. 76 of the Criminal Code of the Russian Federation, and the procedure and bodies authorized for this are provided for in Art. 25 Code of Criminal Procedure of the Russian Federation.

A criminal case can be terminated either by the court or by the investigator with the consent of the head of the investigative body, as well as by the investigator with the consent of the prosecutor.

The legislator has established an exhaustive list of requirements necessary for the reconciliation of the parties

bringing a person to criminal responsibility for the first time;
the person has committed a crime of minor or medium gravity;
mandatory reconciliation between the accused and the victim and reparation of the harm caused.

A person is recognized as having committed a crime for the first time, provided that he was not prosecuted at all or was released from criminal liability for the crime committed or was previously convicted, but the criminal record was withdrawn or expunged in the manner prescribed by law.

In accordance with Art. 15 of the Criminal Code of the Russian Federation, crimes of minor gravity are recognized as intentional and careless acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed three years of imprisonment.

Crimes of medium gravity are recognized as intentional acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed five years of imprisonment, and careless acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed three years of imprisonment.

Reconciliation between the accused and the victim is a bilateral act. The initiative must come from the guilty person and be accompanied by reparation for the damage caused to the victim. It is important that this happens voluntarily and legally.

Making amends means eliminating the negative consequences that have occurred.:

compensation to the victim for the damage caused;
compensation for moral damage;
making an apology.

Compensation for damage and reparation of harm can be carried out not only by the person who committed the crime, but also at his request by other persons, if the perpetrator does not have a real opportunity to perform these actions.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. We recommend! Defense of the accused in a criminal case

More than 19 years of experience.

Note! Promises, as well as various kinds of obligations of the person who committed the crime, to make amends for harm in the future, regardless of whether he has an objective opportunity to fulfill them, are not circumstances that give grounds for releasing him from criminal liability.

Thus, if you provide a settlement agreement in a criminal trial between the victim and the accused, who promises to compensate for the harm in the future, then it will not be accepted by the court and will be rejected.

The victim or his legal representative must express a desire to terminate the proceedings in connection with the reconciliation of the parties, which is set out in the application. The guilty person, in turn, must agree to this on the specified basis.

If a crime is committed by several persons, only those who have reconciled with the victim and made amends for the harm caused to him can be released from criminal liability.

If several victims suffered as a result of a crime, then the lack of reconciliation with at least one of them prevents the person from being released from criminal liability for this act on the basis of Article 76 of the Criminal Code of the Russian Federation.

It should be noted that the release of a person from criminal liability in connection with the reconciliation of the parties is not a rehabilitative basis. That is, in this case, the presence of corpus delicti in the act is confirmed, and therefore this fact does not entail rehabilitation.

Judicial procedure

Let us note some aspects of the reconciliation procedure itself:

The petition can be filed at any stage of the case, but a decision on it is made by the court after examining all the materials in the case. The victim submits a written statement directly to the judge, simultaneously voicing a summary.
The court asks the opinion of all participants in the process about the possibility of applying the rules of Art. 25 of the Code of Criminal Procedure of the Russian Federation, including the accused. In some cases, defendants may object to dismissal of a case on this basis because it is non-exonerating. This means that this person will be considered held accountable and a note about this biographical fact will forever remain in the Information Information of the Ministry of Internal Affairs. In addition, the defendant will not be able to raise the issue of his illegal prosecution or compensation for moral damage in connection with this, as happens, for example, if a person is acquitted. If the defendant is against it (which is extremely rare), then the court agrees with his position and refuses reconciliation.
The opinion of other participants is heard by the court, but it is not binding on the court. Thus, if the public prosecutor objects to the termination, this does not prevent the court from making a positive decision. The court may also make a negative decision on the petition contrary to the opinion of all participants: for example, if everyone agrees with termination, but the court refuses. This is explained by the fact that for the court, termination is a right, not an obligation (with the exception of cases of private prosecution - for example, beatings - where the victim’s opinion on the closure of the criminal case is mandatory for the court).
The accused is also required to write a written statement of agreement with the termination of the case due to reconciliation, while a record of awareness with the consequences for him is mandatory.
It happens that the victim cannot or does not want to participate in the court hearing, but is not against dismissing the case and sends a statement by mail. In each such situation, the court decides on the possibility of satisfying the petition individually. If it is impossible to confirm the actual payment of damages using the case materials, the court may refuse.
Like any other decision, a decision to refuse to satisfy an application or to satisfy it can be appealed within 10 days by all participants in the process: the defendant, the defense attorney, the state prosecutor, the victim.

Who can file a petition?

the right to file a request to terminate a criminal case in connection with reconciliation :

the injured party , who initially contacted law enforcement agencies with a statement about the commission of a crime, and, on the basis of which, a case was initiated;
a representative of a law enforcement agency , if a crime was committed against him;

Satisfying the motion to terminate the proceedings in this case is almost impossible.

representatives of social services (for example, guardianship authorities) in cases where the injured party is a minor and the child does not have parents.

Let's sum it up

Voluntary initiative to apply Art. 25 of the Code of Criminal Procedure of the Russian Federation must belong to the victim, the victim’s representative.
You can declare this either at the investigation stage (most often a refusal) or in court (almost always the petition is granted if all conditions are met).
The following conditions must be simultaneously met: the crime is punishable by up to 5 years in prison or any other type of punishment; the defendant does not have an unexpunged or unexpunged criminal record; the damage is compensated in full.
Compensation for damage can be in any form, the main thing is that the victim is satisfied.
The statement is written by both parties, indicating how exactly the damage will be compensated.
Based on the results of the consideration, a court ruling is issued, which can be appealed within 10 days through the appeal procedure.