How to withdraw a statement from the police: in what cases is the action irreversible?

There are 2 reasons for withdrawing an application: reconciliation and the absence of a crime. You can’t just file an appeal - you need legal grounds. The availability of such a possibility depends on whether criminal proceedings have been initiated, whether serious harm to health has been caused and whether the victim still has claims. The easiest way to find out whether you can withdraw a statement from the police after filing it is with your local police officer.

Take a statement from the police.

When the action is irreversible

The application itself cannot be taken back. Police officers do not have the opportunity to give it back or destroy it. But the victim still has the right to refuse the application. Then the police will conduct an investigation and decide whether to initiate criminal proceedings.

In some situations this is not possible:

• if the actions of the guilty person are qualified under Article 112 of the Criminal Code of the Russian Federation (causing harm to health of moderate severity);
• if, on the basis of the victim’s complaint, Article 111 of the Criminal Code of the Russian Federation (severe harm) is qualified;
• if a long time has passed since the filing and a criminal case has already been initiated.

The decision to transfer the proceedings to court or to close it will be made by the police and prosecutors.

No crime event

Theft is the secret theft of property, that is, the victim does not see how another person takes possession of his property. This feature of this crime creates the possibility of a situation where a citizen discovers the loss of a particular item, assumes its theft and writes a statement to the police, and after a while finds it in his possession.

If in reality there was no theft, and the item was simply lost or forgotten somewhere by the owner, then the crime itself did not occur.

The absence of a crime is grounds for termination of the criminal case. Therefore, if a citizen has already filed a report with the police and then discovered allegedly stolen property, he should inform the police about the discovery as soon as possible. Such a message, formally, cannot be considered a refusal of the statement, but rather the provision of additional important information about the event.

It is also necessary to remember the consequences for the applicant himself who finds himself in such a situation.

The Criminal Code of the Russian Federation contains the crime of “Knowingly false denunciation” - Article 306 of the Criminal Code of the Russian Federation. A citizen who reports a theft that actually did not happen can be held liable under this article. There will be no liability if the applicant made a mistake in good faith, that is, he sincerely believed that the theft had occurred.

However, it must be remembered that a false denunciation is a crime of public accusation, that is, if an unfounded statement is identified, a check against the applicant must be carried out regardless of whether the citizen suspected of theft has a claim against him. Bona fide misrepresentation must be established. Of course, if the applicant himself reported the discovery of the missing item, this will significantly increase his chances of not being prosecuted for denunciation.

In addition, the claims of the accused himself against the applicant cannot be excluded. So a citizen can, firstly, try to bring the applicant to criminal liability for libel, and secondly, initiate civil recovery of damages incurred in connection with the commencement of criminal proceedings. For example, the defendant may have lost part of his earnings due to participating in investigative activities during working hours or suffered psychological suffering and have a claim for compensation for moral damages.

In what cases can you withdraw an application?

You cannot take it back, but you can submit a new paper requesting a refusal.

Reconciliation of the parties.

This can be done in 2 cases:

1. Reconciliation between the parties has been achieved.
2. New circumstances of what happened were discovered, and it turned out that there was no crime as such.

Algorithm; how to withdraw a statement from the police about assault or another minor crime:

1. Draw up a document according to the sample, not forgetting to indicate that it is being sent to the head of the unit or the investigator.
2. Describe in detail the reason for the revocation with references to the relevant articles of the Code of Criminal Procedure of the Russian Federation, attach the available evidence.
3. Take this document to the employee in charge of this case.
4. Leave your contact information so that you can be notified of the results.

Consideration of such an application may take several weeks. You can inquire about the progress of the review in person or by telephone during the office hours of the employee who accepted your documents.

It is important to correctly determine the basis for filing an appeal. If you do not hold a grudge against the culprit, then it is worth considering the option of reconciliation. The second option: indicate that there was an error in your interpretation of events. The first option is easier to implement, and the second is suitable for those who made a mistake.

Waiver of claims in the absence of a criminal act

A refusal to report to the police must be filed if it turns out that there was no crime. Most often, this situation happens when things go missing or a car disappears. The owner files a complaint with the police, and then it turns out that there was no theft or theft - things were lost, and the car is in the impound lot. It is not worth using this reason for refusal in case of reconciliation with the guilty person; there is another legal basis for this.

Refusal of the application.

When filing an application to refuse to initiate a case, you need to understand that you will have to explain to the police officer why new circumstances have appeared only now and why you were previously sure of a crime. Otherwise, you face liability for false denunciation, but only in case of deliberate deception.

Such an appeal can be submitted not only by the applicant, but also by the suspect, eyewitnesses or the police themselves. You need to give the paper to the employee who is handling the case. In the statement you need to state as fully and reasonably as possible the reason why you accepted what happened as a crime. If the paper is accepted, you will be notified of the decision to close the production.

Achieving reconciliation

If a crime has been committed, then the applicant still has the right to file a waiver in connection with the reconciliation of the parties. This situation is quite common: the perpetrators try to make amends, and the applicants, having cooled down and calmed down, have no complaints. Often such applications are submitted if a conflict situation has occurred within the family.

To achieve reconciliation, the following conditions must be met:

• the perpetrator agrees with the accusation and with the termination of the case;
• he apologized;
• the offender compensated for the damage caused in full or in part;
• the case was classified under articles involving crimes of minor or medium gravity with the maximum possible punishment not exceeding 5 years in prison.

Such crimes include fraud, violation of copyright and related rights, theft, causing minor harm to health and some others.

Reconciliation takes place in this room.

The decision is made by the employee in charge of the case or who accepted the first application. He can make any decision, including initiating or continuing criminal proceedings. He will inform the person who submitted this paper about the possibility of terminating the case if contact information is left.

The likelihood of termination is higher if a criminal case has not yet been filed. If the appeal is rejected and the investigation continues, it is still possible to release the perpetrator from liability. In court, you can announce the reconciliation of the parties. After an appropriate request from the victim, the accused is released directly in the courtroom.

Refusal to initiate a criminal case

It is taken out by the employee who is handling the case. Such a decision requires reasons and evidence. You can submit an application for refusal to initiate a criminal case if it is no longer possible to write a paper to refuse the application because the proceedings have become criminal.

It is compiled in free form and sent to the head of the police department. The paper must indicate that the victim has no claims and describe why. The reason for this can be the reconciliation of the parties (this right is ensured by Articles 20 and 25 of the Code of Criminal Procedure of the Russian Federation).

Criminal case.

Most often, such cases end up in court. There you can file a petition for the release of the accused, indicating the same reasons as in the application. At the meeting, evidence of reconciliation will be required: documents on compensation for damage and the consent of the accused to accept an apology.

Reconciliation

Reconciliation of the parties is an unconditional basis for terminating a criminal investigation if there is a private accusation, which theft is not.

However, reconciliation of the parties is still important, since it may be the basis for exemption from criminal liability for theft.

Release from criminal prosecution due to reconciliation of the parties can take place if the following conditions are simultaneously met:

1. Reconciliation must be mutual, that is, the citizen suspected of theft must also agree with the very fact of reconciliation and its conditions.
2. The victim must be compensated for the harm caused by the crime.

Thus, reconciliation of the parties is possible if a crime really took place, the perpetrator admitted his guilt and made amends for it. Reconciliation is not always beneficial to the accused, because he may insist on his innocence and not want to compensate for the damage charged to him.

At the same time, it must be remembered that stopping criminal prosecution in connection with reconciliation is the right, and not the obligation of the investigative authorities or the court.

Permissible period for withdrawal of claims

According to Article 144 of the Code of Criminal Procedure of the Russian Federation, a decision on a criminal complaint must be made no later than 3 working days from the date of its filing. If difficulties arise at the stage of pre-investigation actions, then by decision of the head of the department this period can be increased to 10 days. If the circumstances of the application require verification of documents, then up to 30 days.

You can submit a refusal paper at any time, but the likelihood of a positive response will vary. If the criminal case has not yet been started (that is, in the first 3 days), then it is easier to withdraw the complaint. If the investigation has already begun, then most likely the documents will be sent to the court, and the issue of terminating the criminal prosecution will have to be decided there. The sooner an application for refusal is submitted, the better.

The criminal case will be closed by the police if the paper indicates that there was no crime. Then the refusal to initiate or the decision to terminate the proceedings is made immediately after checking the facts specified in the application.

Where to get tested and how to do it?

To relieve beatings, it is recommended to contact a medical facility as soon as possible, within 1-3 days. Injuries are recorded at the time of the examination, that is, the degree of severity over time will be indicated less than immediately after the crime.

6 days after the beating, it is not practical to remove them. You can apply for an assessment of bodily injuries, based on the severity, at :

• emergency room;
• hospital;
• clinic;
• private clinic;
• medical examiner's office and other medical institutions.

If medical assistance is required

If a citizen has received severe and serious injuries, a case is opened automatically after receiving information about the criminal nature of the injuries from the police, local police, ambulance, medical institution, and so on.

In case of significant injuries, the citizen must be given first aid . To do this, they call an ambulance, take the person to the emergency room, hospital, where he is treated. All injuries will be recorded in medical documentation; employees are required to transfer information about injuries of criminal origin to the police.

If the injuries are minor and do not pose a serious threat to health and life, the victim can independently contact:

• emergency room;
• clinic;
• private clinic;
• hospital emergency room and so on.

When medical assistance is provided, all beatings inflicted will be recorded. After contacting the police, the examinations are added to the case, the victim undergoes a forensic examination to start the criminal process and determine the severity of the crime.

Attention ! When the victim is in hospital, an authorized person (by notarized power of attorney) can act in his interests.

If not needed

If there is no need for treatment, it is advisable to immediately contact the medical examiner's office. If the victim wishes to remove the beatings on his own without a referral from the police, the service is provided for a fee. It is also permissible to contact any medical institution :

• clinic (to a surgeon, therapist, traumatologist, etc.);
• private hospital;
• emergency room and so on.

However, to go to court you will need a forensic expert's report. It can be issued later based on the results of the medical examination.

On weekends and holidays

You can receive medical care and document physical injuries by contacting institutions that operate 24 hours a day or seven days a week:

• to the emergency room;
• to the hospital emergency room;
• to the doctor on duty at the clinic;
• to a private clinic;
• to the ambulance;
• to the emergency room.

For severe injuries, it is recommended to call an ambulance; for minor injuries, contact the organization yourself.

Attention ! If your health allows, you can remove the beatings after 1-2 days, when the weekend is over. However, it is recommended to issue the document as early as possible.

With and without alcohol (drug) intoxication

If the person who is injured is intoxicated, this may be reflected when the injuries are removed. In case of serious bodily injuries, the citizen will be taken to the hospital for medical care , and doctors are required to transfer information to law enforcement agencies.

The fact that a person is under the influence of alcohol or drugs will be recorded.

This causes difficulties in bringing the perpetrator to justice for beatings.

The forensic expert will need to make sure that the victim was actually beaten and not injured, for example, due to a fall as a result of the influence of alcohol or drugs. In this case, it is necessary to collect additional evidence (witness testimony, video and audio recordings).

If the injuries are minor, it is not recommended to film the beating while drunk - it is better to wait until the person comes to his senses. For example, carry out the procedure the next day.

For a minor victim

For persons under 18 years of age, the same examination rules apply as for adults. To relieve beatings, contact :

• emergency room;
• clinic;
• hospital;
• directly to the forensic expert;
• other medical organizations.

If there are serious injuries, a case is opened automatically based on information received by the police from doctors, witnesses, and so on. If the child is under 14 years of age, all persons involved in the upbringing can apply to have the beatings removed:

1. parents;
2. guardians;
3. teachers;
4. educators;
5. other relatives.

Attention ! If there is a suspicion that a child has been beaten, any citizen has the right to report this to the prosecutor's office or guardianship authorities.

Persons under 18 years of age who have received a passport can independently contact medical institutions for relief from beatings and the police.

How long will it take for the application to be canceled?

The police officer cannot say how long the consideration of the submitted application will take. According to the law, verification of the facts specified in the application can be carried out within 30 days from the date of filing the application.

Deadline for withdrawal of claims.

If any examination is necessary, this period may be extended. Also, the period increases if the case is already in the prosecutor’s office. It happens that investigative actions last for years. If the review period is extended, the applicant must be notified of this.

If the parties to the conflict are reconciled

Reconciliation between the parties to the conflict does not mean that the applicant will be able to terminate the criminal case. In particular, if the theft was committed under aggravating circumstances (slander, causing damage to the health of the victim, battery, etc.), the actions of the attacker are irreversible, and the applicant will not be able to seize the document.

If the theft was committed in relation to intellectual property, it is also impossible to take away the document, since criminal acts (theft) are irreversible. The amount of the stolen property (the amount of damage) is also taken into account. If the victim suffers major damage, the thief will be punished in accordance with Art. 158 of the Criminal Code of the Russian Federation.

What are the consequences?

Consequences occur if it turns out that there was no crime and the accusation was false. In case of reconciliation, no sanctions are provided.

It is necessary to separate two situations: the accusation was false out of ignorance or intentionally. In the first case, no punishment is provided. In order not to be charged himself, the applicant will have to explain why he accepted the incident as a crime and prove that he had no intent.

If the accused or the police have suspicions about the presence of intent, they can initiate an appropriate investigation. In this case, the applicant faces punishment under Article 129 of the Criminal Code of the Russian Federation: compulsory labor or a fine.

To avoid the possibility of being accused of libel, it is enough to indicate in writing that at the time when the alleged crime was committed, you were 100% sure that it was an illegal act. Doubts may not be interpreted in your favor.

Drawing conclusions

Most of the articles of the Criminal Code of the Russian Federation relate to cases of public prosecution. This means that the state imposes on law enforcement agencies the obligation to bring criminals to justice, regardless of the will of the victim. Such articles include robbery, theft, assault, theft, and extortion.

Keep in mind that the application cannot be withdrawn during verification, and reconciliation of the parties to the case is not possible in all categories of cases. The investigator independently decides whether to terminate the criminal case or not, despite the victim’s statement.

How to correctly write a statement of refusal to report to the police

In order for the refusal to be considered, the paper must be drawn up correctly. Documents with errors are returned to the applicant.

The requirements are as follows:

• if the case is at the pre-investigation level, then the statement is written to the head of the police department to which the first document about the crime was submitted;
• if criminal prosecution has already been initiated, then indicate the name of the investigator conducting the proceedings;
• the document must contain complete and truthful information about the applicant, including full name, residential address, contact information;
• there must be a narrative stating why the first application was submitted and why the refusal was necessary;
• if the refusal is caused by the reconciliation of the parties, it is recommended to make a reference to the relevant articles and parts of the Code of Criminal Procedure of the Russian Federation, which are the legal basis: Art. 20 and Art. 25 Code of Criminal Procedure, parts 2 and 3;
• the document is handed to the person conducting the proceedings, and not to the person in whose name it is written.

The descriptive part should state the reasons for the refusal in as much detail as possible. This is necessary in order to protect yourself from accusations of libel and to speed up the decision-making process. If the accused has apologized, then this must be confirmed by his testimony. If the damage is compensated, then it is worth submitting documents on payments for review.

Sample petition to terminate the consideration of the case

The document is provided to the investigative authorities when the applicant and the offender were able to reach reconciliation. The petition is drawn up in the name of the investigator leading the case. The text indicates the crime committed by the perpetrator and the damage caused. It must be pointed out that the victim filed a claim in court for compensation for the harm caused, and the defendant voluntarily satisfied the demands and fully compensated for the damage.

At the end, you must ask for the case to be closed due to the absence of claims against the accused. Documents confirming receipt of funds (receipt or other payment papers) should be attached to the application, and a date and signature should be added at the end.

Possibility of return

Is it possible to withdraw a report of battery from the police after it has been filed?

When an appeal is initially accepted by officials, it is registered .

If the affected person changes his or her decision, it is impossible to simply destroy or take away the document.

A battery complaint can only be overturned if certain conditions are met , since the mere intent of the injured party is not sufficient for law enforcement officials.

Is it possible to pick it up from the police?

Citizens' statements about illegal acts are subject to strict accounting and are registered in the Crime Registration Book. And the victim is given a ticket with a number and date. Law enforcement cannot unilaterally cancel an application, even with the consent of the victim. This violates the Instruction of the Ministry of Internal Affairs of the Russian Federation dated No. 736.

The victim also does not have the right to withdraw a registered complaint, since it must be verified and a decision must be made to refuse or initiate proceedings.

However, in some cases it is still possible to withdraw an application:

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• there was no crime. For example, after the guests left, the owner could not find an expensive item, thought that it had been stolen, wrote a statement, but then found it. He may submit appropriate explanations with a request not to initiate a criminal case;
• The parties have reconciled and have no claims against each other. It is not possible to terminate the case in every case. If a serious crime has been committed or a minor has been injured, the case will not be closed. But when the guilty person has fully compensated for the damage and made amends, the case is dropped;
• low significance of the crime or absence of an article - if items of little material value were stolen.

Causes

The most popular reasons and circumstances why an applicant may wish to withdraw his application:

1. Lack of corpus delicti. The parties enter into a conflict that results in minor use of physical force or exclusively verbal abuse. Being in an emotionally unstable state, one of the participants in the conflict contacts the police with a complaint.
   As time passes, he realizes that he has committed a rash act that could entail serious legal consequences for the other party, and decides to cancel his complaint.

   Art. 24 of the Code of Criminal Procedure determines that a criminal case is not initiated, and the initiated case is terminated in the absence of corpus delicti.

2. Reconciliation of the parties. The citizen who asked for help has no significant claims against the offender. All existing disagreements are ultimately resolved by the parties peacefully. This implies the conclusion of an agreement, according to which the guilty party compensates the injured party for the harm caused to her in full.
3. The victim is under pressure. A citizen can cancel a complaint under pressure from the guilty party.
   Thus, the offender can force the victim to withdraw the complaint from the police under the threat of destruction or damage to property, or the use of violence against the victim herself or her family members. A death threat is also possible. In such cases, the guilty person may be assigned a preventive measure not only under Art. 116 of the Criminal Code (beatings), but also under Art. 309 of the Criminal Code (coercion to evade testifying).
4. The accusation of battery is slander . Such a circumstance, in which a citizen is falsely accused of assault, becomes the basis for initiating a criminal case against the applicant himself under Art. 128.1 of the Criminal Code (slander).