How to recall a letter from the prosecutor's office

Often, after disputes, citizens, in a fit of emotion, turn to government services for protection, which they later very much regret. And they are faced with a very difficult task - to withdraw the submitted application and relieve the accused of all possible liability.

Such an operation is generally possible. But it is very difficult to implement, since it is accompanied by a number of features and nuances, each of which must be taken into account. In this article we will tell you whether it is possible to withdraw a statement from the prosecutor’s office and what difficulties such an action is associated with.

How to write to the prosecutor's office - sample letter/complaint to the prosecutor

You cannot withdraw a complaint filed with the prosecutor's office. Neither legislation nor departmental regulatory documents regulating the procedure for considering citizens' appeals in the prosecutor's office provide for this.

If the issue for which you contacted the prosecutor’s office has already been resolved (for example, your labor rights have been restored or payments due to you have been made, etc.), you need to write a statement stating that your issue has been resolved in such and such a way and you no longer have any complaints about that. You can send your application by mail, or even better, find out in the office who is reviewing your previously submitted application and approach this employee with the appropriate application.

Best regards, Good afternoon. I was interested in your answer: “You cannot withdraw a complaint filed with the prosecutor’s office.

How to stop checking?

In order to withdraw the application to the prosecutor's office, having stopped the inspection, you need to write another application. Doing this is quite problematic, since there is no uniform form for writing such statements. In general, it will consist of three parts:

Title. It will need to include information about the department of the prosecutor's office considering the initial complaint, information about the head of this department (title, full name), information about the applicant (full name, registration address, contacts);
Information part . It will need to clearly indicate which case you want to withdraw and on what grounds. Be sure to clarify whether there was a reconciliation of the parties, where the grounds for termination of the case came from, etc.;
Conclusion. Contains a list of documents that will be attached to the application, the applicant’s signature with a transcript and the date of submission of the application to terminate the case to the prosecutor’s office.

Info

The completed appeal itself must be transferred as soon as possible to the department of the prosecutor’s office that received the initial complaint. This can be done in person, with the help of a trusted person, or by registered mail.

How to withdraw a complaint from the prosecutor's office sample

The victim has the right to have a representative, who can be not only lawyers, but also other persons capable of providing qualified legal assistance. Their powers are confirmed by a power of attorney or a statement from the victim in court. In cases where the victim is a minor or a person who, due to his physical or mental condition, is deprived of the opportunity to independently defend his rights and legitimate interests, their legal representatives are involved in mandatory participation in the criminal case, which can be parents, close relatives, guardians, trustees, guardianship and trusteeship authorities. The victim has the right: - to get acquainted with all the materials of the case from the moment the preliminary investigation is completed and to make copies of them to any extent.

Types of criminal prosecution

In accordance with Article 20 of the Code of Criminal Procedure of the Russian Federation, depending on the nature and severity of the crime committed, criminal prosecution, including charges in court, is carried out in public, private-public and private.

Criminal cases of private prosecution are initiated only at the request of the victim or his legal representative and are subject to termination in connection with the reconciliation of the victim with the accused. Reconciliation is allowed before the court retires to the deliberation room to render a verdict, and in the appellate court - before the appellate court retires to the deliberation room to make a decision on the case. Criminal cases of this category include cases of crimes provided for in part one of Article 115 (Deliberate infliction of minor bodily harm), Article 116.1 (Battery by a person subject to administrative punishment) and part one of Article 128.1 (Slander) of the Criminal Code of the Russian Federation.

Criminal cases of private-public prosecution are initiated only at the request of the victim or his legal representative, but are not subject to termination due to reconciliation between the victim and the accused.

Criminal cases of private-public prosecution include criminal cases of crimes provided for in articles 116 (Beatings), 131 part one (Rape), 132 part one (Violence of a sexual nature), 137 part one (Violation of privacy), 138 part one (Violation of the secrecy of correspondence, telephone conversations, postal, telegraph or other messages), 139 part one (Violation of the inviolability of the home), 144.1 (Unreasonable refusal to hire or unjustified dismissal of a person who has reached pre-retirement age), 145 (Unjustified refusal to hire work or unjustified dismissal of a pregnant woman or a woman with children under three years of age), 146 part one (Infringement of copyright and related rights), 147 part one (Infringement of inventive and patent rights), 159 parts five - seven (Fraud associated with intentional failure to fulfill contractual obligations in the field of entrepreneurial activity) of the Criminal Code of the Russian Federation.

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Also, cases of private-public prosecution include criminal cases of crimes provided for in articles 159 parts one through four (Fraud), 159.1 (Fraud in the field of lending), 159.2 (Fraud in receiving payments), 159.3 (Fraud using electronic means of payment), 159.5 (Insurance Fraud), 159.6 (Computer Information Fraud), 160 (Misappropriation or Embezzlement), 165 (Causing Property Damage by Fraud or Breach of Trust), Part One 176 (Illegally Obtaining Credit), 177 (Malicious Evasion of repayment of accounts payable), 180 (Illegal use of means of individualization of goods (works, services)), 185.1 (Malicious evasion of disclosure or provision of information defined by the legislation of the Russian Federation on securities), 201 part one (Abuse of authority) of the Criminal Code of the Russian Federation, if they committed by an individual entrepreneur in connection with his business activities and (or) management of property belonging to him, used for business purposes, or if these crimes were committed by a member of the management body of a commercial organization in connection with the exercise of his powers to manage the organization or in connection with the implementation of a commercial organization of entrepreneurial or other economic activity. At the same time, criminal cases of these crimes cannot be classified as criminal cases of private-public prosecution in cases where the crime caused harm to the interests of a state or municipal unitary enterprise, state corporation, state company, commercial organization with participation in the authorized (share) capital ( mutual fund) of the state or municipality, or if the subject of the crime was state or municipal property.

A criminal case of private or private-public prosecution may be initiated in the absence of a statement from the victim or his legal representative, if the crime was committed against a person who, due to a dependent or helpless state, cannot defend his rights and legitimate interests, as well as in the case of crimes by a person whose details are unknown.

The remaining criminal cases are considered criminal cases of public prosecution. When carrying out criminal prosecution in a public manner, in order to initiate a criminal case, it is not necessary to have a statement from the victim or his legal representative about the commission of a crime.

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How to write to the prosecutor's office - sample letter/complaint to the prosecutor
How to withdraw a complaint from the prosecutor's office sample

Is it possible to withdraw a statement from the prosecutor's office? Attention Contents:

Real help
Sample complaint to the prosecutor's office
Application to the prosecutor's office against the employer
How to withdraw a complaint from the prosecutor's office sample
How to withdraw an application from the prosecutor's office
How to submit a complaint to the prosecutor's office (sample)?
Is it possible to withdraw a complaint from the prosecutor's office?
Sample complaint to the prosecutor's office about the inaction of the prosecutor's office

Real help By the decision of the Timiryazevsky District Court of Moscow dated December 30, 1998, the claim of Segina E.G. was rejected.

Is it possible to withdraw an official letter from the administration sent to the prosecutor’s office?

I consider this decision illegal and unfounded for the following reasons:

The debtor Kuznetsov A.P. is officially employed and has a permanent source of income.
Kuznetsov A.P. owns a VAZ-2107 car (registration plate A 222 AB 77 RUS).

Good day to you)) Please tell me how to withdraw your application, is there any form, or can it be done in free form? Due to the fact that the unreasonably seized property was returned. No complaints.

There is no established form for such a statement. The concept of “withdraw an application” is not provided for by law. therefore, if the issues raised in the initial application have already been resolved, then write in the next application: “Due to the fact that the issues raised in the application dated __ 200__ have been resolved, I ask you not to consider the application.”

Filing a complaint to the prosecutor's office, salary is not paid

The applicants are employees of the sewing workshop in the organization. All applicants are disabled. Each of them has an employment contract with the organization.

Appeals from citizens, military personnel and members of their families, officials and other persons are resolved within 30 days from the date of their registration with the prosecutor's office of the Russian Federation, and those that do not require additional study and verification - no later than 15 days.

As stated in Art. 37 of the Constitution of the Russian Federation, labor is free.

Forced labor is prohibited. Thus, the Employer grossly violates the requirements of the Labor legislation of the Russian Federation. Everyone has the right to work in conditions that meet safety and hygiene requirements, to remuneration for work without any discrimination and not lower than the minimum wage established by federal law, as well as the right to protection from unemployment. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

The law does not provide for a strict sample application. It is usually compiled in free form in accordance with the rules for writing official documents. The petition is written to the prosecutor's office at the place of registration of the employer. The details of the prosecutor's office are included in the header of the petition.

There should also be information about the applicant himself, indicating his contacts. Anonymity in submitting an application is not permitted—the applicant must be identified. But in accordance with Article 358 of the Labor Code of the Russian Federation, the authors of such a petition may demand incognito.

This right is also enshrined in the ILO Labor Inspection Convention.

Price: 1,000 rub.

Thanks, I'll do that.

Igor Anatolyevich! How would you, working in the authorities, begin to “not consider the application” if it has already been registered? Even if the applicant requests it. No minutes here. checks and refuseniks are indispensable. :)))

Roman, decipher this strange phrase: There are no mines here. checks and refuseniks are indispensable. ))) what needs to be done?

To be honest, I wrote this for I.A. As a former organ worker, he knows this procedure very well. Probably, in the bustle of today, I confused something. It’s just that if your application has already been registered, then the executor cannot fail to consider it, even if you ask him to do so. Obviously, if you wrote to the prosecutor’s office, then you were talking about the possible commission of an unlawful act (administrative or criminal). The executor (and this may end up being a simple district police officer) must be found, take away from you an explanation that there are no more problems and, on the basis of this, refuse to initiate a criminal or administrative case. This act ends the proceedings on your application. So sit and wait until the performer finds you and don’t bother too much.

Well, we'll wait. Thanks for the detailed answer! Good luck!

Grounds for termination of criminal proceedings and criminal prosecution

Not only the classification of a criminal case as a case of private prosecution entails the possibility of terminating criminal prosecution. Chapter 4 of the Code of Criminal Procedure of the Russian Federation (Articles 24 to 28.1) provides for various grounds for refusal to initiate a criminal case, termination of a criminal case and criminal prosecution, among which there are such as termination of a criminal case in connection with the reconciliation of the parties, in connection with active repentance and in connection with compensation for damage.

In accordance with Articles 25 of the Criminal Procedure Code of the Russian Federation and 76 of the Criminal Code of the Russian Federation, the court, as well as the investigator with the consent of the head of the investigative body or the inquirer with the consent of the prosecutor, have the right, on the basis of an application from the victim or his legal representative, to terminate a criminal case against a person suspected or accused of committing a minor crime or moderate severity, if this person committed a crime for the first time, and also reconciled with the victim and made amends for the harm caused to him.

In addition, in accordance with Articles 25.1 of the Criminal Procedure Code of the Russian Federation and 76.2 of the Criminal Code of the Russian Federation, the court, on its own initiative or based on the results of consideration of a petition filed by an investigator with the consent of the head of the investigative body or by an interrogating officer with the consent of the prosecutor, has the right to terminate a criminal case or criminal prosecution against a suspect or accused in the commission of a crime of minor or medium gravity, if this person committed the crime for the first time, and at the same time compensated for the damage or otherwise made amends for the harm caused by the crime, and assign this person a criminal law measure in the form of a court fine.

A person who has committed a crime of minor or medium gravity for the first time may be released from criminal liability by the court, as well as by an investigator with the consent of the head of the investigative body or by an investigator with the consent of the prosecutor, if after committing the crime he voluntarily confessed, contributed to the disclosure and investigation of this crime, and compensated for the damage. or otherwise made amends for the harm caused by this crime, and as a result of active repentance ceased to be socially dangerous. Termination of criminal prosecution in connection with active repentance is provided for in Articles 28 of the Criminal Procedure Code of the Russian Federation and 75 of the Criminal Code of the Russian Federation.

Crimes of minor and medium gravity include intentional acts, for which the maximum penalty does not exceed five years of imprisonment, and careless acts, for which the maximum penalty does not exceed ten years of imprisonment in accordance with the Criminal Code of the Russian Federation.

Exemption from criminal liability for committing a number of crimes, including tax crimes, is provided for in Articles 28.1 of the Criminal Procedure Code of the Russian Federation and 76.1 of the Criminal Code of the Russian Federation in connection with compensation for damage.

Sample application for withdrawal of appeal to the prosecutor's office

Each case is unique and individual.
A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

Below is a list of documents and materials attached to the application (or copies thereof), if any;
At the end - the signature of the applicant and the date the document was drawn up.

Code of Administrative Offenses of the Russian Federation) However, despite the concluded agreement, the educational center did not provide the service under the agreement. Employees of a government agency have the right to return your application or appeal if the text is illegible. If your personal information or your residential address is written illegibly, the prosecutor’s office employees reserve the right not to respond to your request and not to return your application or complaint to you. Judicial representation Moscow from 30,000 rubles. Next, the circumstances of the violation of rights are sequentially stated, indicating the place, date or period. Write that your employer paid you the full amount that he owed, and you no longer have any claims against him.

Is it possible to withdraw a statement from the prosecutor's office?

In fact, it is impossible to withdraw a statement from the prosecutor's office. This is due to the fact that any request is immediately processed and a case is opened on it. So, you can only pick up the submitted papers if you have just handed them over and they have not yet reached the authorized employee. It is impossible to withdraw a complaint from the prosecutor’s office if proceedings have already begun.

Counterclaim for libel.

It often happens that after the application has already been filed, the applicant begins to be accused of libel. However, in most cases such statements will be justified. In this case, in addition to reconciliation with the party, the application to terminate the case will need to indicate the reason for reporting incorrect information: misrepresentation, error in available information, and so on;

On the withdrawal of an application to the prosecutor's office

When supervising the implementation of laws, the prosecutor's office does not replace other government bodies.

The reasons for initiating a case of an administrative offense are:

The citizen's application is the basis for the prosecutor's office to verify the fact of violation of the law. How to write a police report against a lawyer for fraud? The law on the prosecutor’s office does not provide for such a basis for terminating an inspection as withdrawal of an application (complaint). 2) voluntary cessation of unlawful behavior by a person who has committed an administrative offense; A citizen filed a complaint with the prosecutor’s office because the employer did not pay the employee wages. The prosecutor's office requested documents from the LLC, and a prosecutor's investigation began. The dispute between the citizen and the LLC has been resolved, the citizen is ready to withdraw his application.

How to write an application to withdraw an application from the prosecutor's office

As proof, attach a pay slip and a document from the bank confirming the receipt of money into the account. 4 If you filed a statement about the theft of your property, but later decided that you do not want to send the robber to prison, then you can no longer pick up the document, but you can file a motion to dismiss the criminal case.

Is it possible to dismiss a criminal or civil case if your application is already in the prosecutor's office?

It is impossible to withdraw a complaint from the prosecutor’s office if proceedings have already begun. Info But this does not mean that your complaint must necessarily enter into proceedings and lead to the final result.

If it is possible to settle the matter peacefully, it is better not to bring it to court. Next, move on to the next step of the recommendation. Step - 2 If the application has already been taken into account, but you do not want to initiate a case, then come to the prosecutor's office and write another application to terminate the proceedings.

Compensation for damage as a mitigating circumstance

Even in case of refusal to terminate the criminal prosecution, voluntary compensation for property damage and moral harm caused as a result of the crime, other actions aimed at making amends for the harm caused to the victim are circumstances mitigating the punishment.

In the presence of such a mitigating circumstance and the absence of aggravating circumstances, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for by the relevant article of the Special Part of the Criminal Code of the Russian Federation.

Despite the fact that it is impossible to “withdraw” a statement of a crime, a timely appeal by the applicant to the person conducting an inspection in accordance with Article 144 of the Code of Criminal Procedure of the Russian Federation or investigating a criminal case with a request for the absence of a crime or for compensation for damage will be a prerequisite for refusing to initiate a criminal case. case or termination of criminal prosecution or minimization of the imposed punishment.

Of course, all situations that arise are unique and require detailed analysis. To obtain professional advice in the field of criminal law and criminal procedure, you should contact lawyers as independent professional legal advisers. If necessary, contact me in any way indicated in the Contacts section.

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Application for withdrawal of application from the prosecutor's office

In the latter case, a protocol is drawn up indicating all the personal data of the applicant. The document is confirmed by his signature. This is the main key to success. Therefore it is better to use

And a sample application to the prosecutor's office will contribute to this. Functions of the government agency The Prosecutor's Office is responsible for protecting the rights and interests of citizens in accordance with the legislation of the country.

A statement was written to the prosecutor's office against Obshcheobraz. school is that money was paid, but the child is not fed, plus they also demand money for the trail. month. This was all done out of nerves; the applicant regretted his decision. The Sanitary Inspectorate came to check the school. How to correct the situation so that the checks stop. How to terminate the case? 04 October 2022, 18:05, question No. 1770248 Sophia, These two documents are completely different in terms of their writing.

If, in the opinion of the prosecutor, there are all grounds to initiate a criminal case, then any statement may be followed by such a reaction (). Most often, they highlight problems related to the actions or inaction of officials, employers and other officials in situations such as: Non-payment or late payment of wages; Inaction or abuse of power on the part of investigators, interrogators, bailiffs, etc.; Today, you can appeal virtually everything: a court decision. Sample application on how to pick up a work book Here is a sample. Correspondence regarding an unclaimed work record book upon dismissal is required. A statement is an official document, it is taken into account as a report of a crime, and a criminal or civil case is initiated on it, which will not be easy to stop. Step - 3 In the counter statement, prove that there is no element or event of a crime, otherwise you may be charged with false accusation or denunciation under Article 306 of the Criminal Code of the Russian Federation.

Complaint (application) to the prosecutor's office. Application for non-payment of wages to the prosecutor's office.

Often citizens, while carrying out their work activities, do not enter into an employment agreement. However, this does not give the employer the right not to pay him wages. And also, let’s do this, you compose a letter, using as a sample the one that I have indicated above for the employer, let’s do this, write this letter for the prosecutor’s office, then attach it here to the site, I will look at it, correct it and then upload it to the site prosecutor's office. Well, the most important thing is that you need to go to court, the court is the authority where you can still defend your rights.

According to Art. 136 of the Labor Code of the Russian Federation, the employer is obliged to pay an employee twice a month, and compensation is due on his part for the delay (Article 236 of the Labor Code of the Russian Federation). Taking into account the provisions of Art.

134 of the Labor Code of the Russian Federation, an employee’s monetary remuneration must be subject to regular indexation. It is impossible to force wages to be indexed (the norm of the law is nominal or “dead”), but it is quite possible to pay legally due wages and compensation for delays. Application to the prosecutor's office about non-payment of wages more? The limitation period for such disputes is often itself a dispute, not only between the employer and employee, but also between professional lawyers. The prosecutor's office is an important body of each state that monitors citizens' compliance with the laws of the country. An application received by the prosecutor's office is considered within 15–30 days. After the prosecutor's check, the applicant receives a response about the resolution of the case.

It may be satisfactory or explanatory in nature. The complaint may be forwarded to other authorities for resolution, of which the complainant is also notified. Sometimes an appeal to the prosecutor's office is rejected. This is due to a number of reasons:

Where can I file a complaint about non-payment of wages?
What happens to an employer if wages are not paid for 2 months or more?

At the end of the text of the claim, list all the documents provided to the court (employment contract, copy of the plaintiff’s passport, his tax identification number, a certificate from the accounting department about the average salary, pay sheets (tabulagrams), other certificates proving the existence of the plaintiff’s violated rights, etc.). Rice. 1 Sample application to an employer for non-payment of wages However, the law allows you to write a letter and send it by mail.

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