Duration of the conciliation period
The legislation specifies a maximum of 3 months for reflection and implementation of the possibility of reconciliation. However, the period may be shorter at the discretion of the judge and be 1 month. In practice, you will never know exactly how much time will be given for reconciliation and whether it will be provided at all. A judge, guided by different criteria, may act differently. However, in practice, in the vast majority of cases it stands out.
Some spouses need to extend this period to take advantage of the maximum opportunity to restore the relationship. However, the judge can only grant up to 3 months, and if one of the spouses does not appear at the hearing three times, he will automatically dissolve the marriage.
You can artificially prolong time due to illness or other valid reasons. To do this, it is necessary to provide documentary evidence to the court and the period will not be extended.
Statement by the victim to terminate the criminal case
if there are statements from the victim to terminate the case, then it is terminated if it is a case of private or private-public accusation. If the case is a public accusation, then it is not terminated due to such circumstances
You did not specify how serious the crime was. It is not possible for all cases to terminate a criminal case through reconciliation.
It is submitted on behalf of the victim, if the investigation has not yet been completed, then in the name of the investigator/investigator who has the criminal case under investigation. case. Hello! It is possible to terminate the case after reconciliation of the parties only if the defendant has not previously been prosecuted and has committed a crime of minor or moderate severity.
Of course, the opinion of the victim and the statement that he has no claims against the defendant will in any case influence the sentencing. The statement must indicate that the victim asks to terminate the criminal case pending reconciliation of the parties, has no claims against the defendant, and does not want to be held criminally liable. The criminal case was terminated based on a counter-application (to terminate the criminal case) of the victim; can the relatives of the suspect take a copy of the decision to terminate the criminal case from the investigator?
Petition to terminate a criminal case: reconciliation in criminal proceedings
- the crime in question must be classified as minor or moderate;
- the accused has committed a crime for the first time
- Evidence was presented to the court that the accused made amends for the harm to the victim.
If you have read these publications, you should remember that one of the features of private prosecution cases is the mandatory termination of proceedings if the victim and the accused have reconciled before the court retires to the deliberation room.
At present, the harm caused to me by N.N. Ivanov has been smoothed over, I have no claims against him, I have reconciled with him. In your proceedings there is a criminal case on charges of Nikolai Nikolaevich Ivanov, living at the address: Tyumen district, village. Suburban, st. Sosnovaya, 20, in committing a crime under Art.
118 of the Criminal Code of the Russian Federation, according to which I am recognized as a victim. In accordance with Article 76 of the Criminal Code of the Russian Federation and Article 25 of the Criminal Procedure Code of the Russian Federation, I ask that the proceedings in the case be terminated.
Application to terminate the case
submitted to the court or bailiff. If there are grounds, enforcement proceedings are terminated, which entails the termination of compulsory enforcement measures, the abolition of the seizure of property, and the termination of restrictions imposed on the debtor.
Procedural tasks: A petition to dismiss a case allows you to close or suspend a case that was initiated on false grounds that do not concern the person against whom it was initiated.
Your case is under criminal proceedings on charges of ____________________ (indicate the full name of the defendant) 00.00.20____. birth, passport series _________ No.___________ issued ________________________________ dated 00.00.20____ department code _________________ in the commission of a crime provided for by the ________________ Criminal Code of the Russian Federation (indicate the number of Article of the Criminal Code of the Russian Federation under which the defendant is charged). Hello, please tell me, the criminal case was terminated based on a counter-statement (to terminate the criminal case) of the victim, can the relatives of the suspect take a copy from the investigator 26. Termination of proceedings in the case represents the end of the activities of the judicial body because it turns out that the plaintiff does not have the right to defense in court. Or the declared dispute was resolved after the opening of legal proceedings. To resolve the issue, you must submit a written motion to dismiss the case.
The decision itself is formalized by a reasoned ruling of the court.
Termination of a criminal case due to reconciliation of the parties
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.
Criminal prosecution does not always end with a verdict and punishment, even if the defendant’s guilt is indisputably established. For those who have stumbled for the first time and truly regret what happened, the legislator provides for the possibility of terminating the criminal case through reconciliation of the parties. Is it possible to write a statement to the prosecutor's office regarding the inaction of bailiffs? In what cases is this permissible and what conditions must be met, read here.
Admission of guilt as a condition for making a decision on reconciliation is not specified in the law as mandatory. Use the sample application for reconciliation of the parties in a criminal case (explanations are highlighted in blue): Borisov A.I. 12/13/2016. he snatched the phone from my hands and ran away, subsequently selling it.
Is it possible and how to withdraw a statement from the police for reconciliation of the parties - complete instructions
Situations often occur, especially among spouses, when a fight breaks out over a trifle and the wife, in a fit of emotion, wants to intimidate her aggressive husband, goes to the police and makes a statement (what is the punishment for beating a wife and where and how to stop beating her husband?). After several days, not a trace remains of the bruises, and the wife decides to withdraw the previously written copy of the statement.
Don't think that withdrawing your application will be easy. A citizen must have compelling facts that he did not contact the police with the aim of slandering a person.
If the victim decides to contact the police in order to take back a previously written written appeal, then he should know that this document will not be given to him. The application remains in the department, and the citizen needs to do the following : According to Article 15 of the Criminal Code of the Russian Federation, such cases can be completed by a peace agreement and termination of the criminal case.
It often happens that a citizen thought that blows were dealt to him, but in reality the offender simply swung at him or was rude, and the appeal to the police station was already written in an emotional outburst.
- it is necessary to write in your own hand a refusal of a written appeal, which must be drawn up in the name of the head of the police station or the employee assigned to deal with this matter.
- There is no special form provided for these purposes, so it is necessary to briefly and succinctly describe the reasons for the refusal, based only on reliable facts.
- The main part should contain a narrative about what specific act on the part of another citizen was perceived as beating, which was the reason for filing the application.
