How the parties are reconciled in criminal proceedings: everything you need to know

What does reconciliation of the parties mean?

This term should not be taken literally. Reconciliation of the parties in a criminal trial does not mean that the victim has forgiven his offender, does not hold a grudge against him and has forgotten about the crime.

The defendant only compensates for the damage caused or compensates for the harm, and the victim no longer has any claims. Only in this case is it considered that the parties have reconciled.

Reconciliation of the parties is the absence of claims against the offender after he has made amends.

How to properly fill out an application for reconciliation of the parties?

A request to cease prosecution of a criminal defendant must be included in the application submitted by the victim. It can be issued both at the investigation stage and in court.

Its correct spelling is not stipulated by static norms. That is, it does not have a set form or sample.

It is necessary to begin, like any application, by indicating the body to which it is sent:

1. The name of the court or law enforcement agency where you are filing the application;
2. The following is information about the applicant: Full name
3. Registration and residence address
4. Phone number or email address for contact.
5. An indication of the status of the person submitting the application. This may be the victim, the victim's guardian or his authorized representative.

Considering the bilateral and reciprocal nature of this decision, the accused must also submit a statement about the agreement reached. He must also indicate ways to make amends for his guilt and a request to terminate criminal proceedings against him.

Terms of reconciliation

The current Code of Criminal Procedure provides for the possibility of launching a procedure for reconciliation of parties in criminal proceedings in relation to a citizen who is accused or suspected of committing an illegal act. Such a decision, guided by Article 25, can be made by the investigator, after agreeing on the procedure with the prosecutor. There is a list of conditions that must be met in order to make such a decision:

1. An unlawful act committed by a citizen caused damage of insignificant or moderate severity. The criterion for a crime that can be closed upon reconciliation of the parties is the length of punishment. For illegal acts of similar categories, 3 and 6 years, respectively.
2. The man committed a crime for the first time in his life.
3. The criminal and the victim are completely reconciled.
4. Compensation for damage caused by the actions of an attacker.
5. The victim must submit a written statement of consent to terminate the criminal prosecution of the suspect.
6. A citizen suspected of committing a crime wants the criminal case against him to be closed.

Grounds and conditions for the possibility of reconciliation

Reconciliation of the parties is possible if a set of conditions are met:

1. Absence of serious consequences for the victim after the crime or offense occurred (Article 15, Part 2.3 of the Criminal Code of the Russian Federation). Crimes of minor and medium gravity include those for which the penalty does not exceed 2–5 years of imprisonment.
2. The victim and the accused agree to a peaceful resolution of the conflict.
3. This is the first time the offender has committed such actions. This means that the accused has not been previously convicted, or his criminal record has already been expunged by the time this case was initiated. For information on how to expunge a criminal record after serving your sentence, read the article here https://lexconsult.online/9100-ustanovlennye-zakonom-sroki-pogasheniya-snyatiya-sudimosti
4. The citizen who has violated the law has already compensated or has a notarized intention to compensate the victim for the material and moral damage caused. This means that the perpetrator does not necessarily have to pay the entire amount of material damage at once. The parties may agree on an installment plan. This obligation to pay in installments must be certified by a notary, otherwise it will not be taken into account by the court.

Reaching an agreement with the injured party

For the accused, reconciliation of the parties in criminal proceedings with the injured party means the following actions:

• Unconditional repentance.
• Official apology.
• Compensation for material and moral damage caused.

The main difficulty is determining the exact amount of compensation payments. They are established by mutual agreement of the parties. They must be justified and correspond to the level of harm caused.

The difficulty in determining the amount of compensation arises when determining the moral damage caused. As a result of the crime, the injured party may receive psychological trauma and assess the damage, which can be quite problematic. Negotiations between the parties to the conflict may reach a dead end due to demands for an inflated amount of compensation, which the suspect cannot pay under any circumstances.

To exclude such a situation, each party must provide justification for its position on this issue. If it is impossible to make a decision that suits both parties, it is necessary to involve a mediator from among lawyers who specializes in such issues.

Reconciliation procedure

The process in question must occur according to a certain algorithm:

1. A reconciliation agreement was concluded between all participants and parties to the incident.
2. The injured party submits an application to the judicial or investigative body about its readiness to reconcile.
3. The competent authorities make an appropriate decision on the possibility of terminating the criminal process.

When a preliminary agreement is reached regarding compensation for damage caused, difficulties may arise in the process of making an appropriate decision by executive authorities.

The investigator or judge may reject the victim's request to terminate the criminal prosecution. Such a decision is made by the judge if there are objective reasons that the suspect should not be released from criminal punishment for the crime committed. The law does not specify that full repentance is a mandatory requirement for reconciliation, but based on the terms of the other requirements, it is an integral part of the process.

In what cases is it better not to reconcile the parties?

The key reason is that criminal prosecution of the offender ceases after a settlement is reached. Re-initiation of a criminal case on the same issue is excluded.

In other words, if you signed a reconciliation agreement, but it soon became clear that the offender has not repented and is ready for new atrocities, then you cannot re-apply for a previously committed crime. Involvement of law enforcement agencies is possible only after a new crime has been committed. Do you agree, why give the criminal the opportunity to inflict repeated harm on you or even cause harm to your health and life?

Therefore, once again: sign the agreement only if there are all grounds:

• Confidence in the criminal's repentance;
• There is no threat to life and health from the criminal.

If the investigator or judge sees that the criminal has not repented, or he is accused of a serious or especially serious crime, then reconciliation of the parties is not achieved.

Before conciliation between the parties, consult your lawyer.

At what stage is reconciliation possible?

Legislatively, reconciliation of the parties as a basis for termination of a criminal case is possible at any stage of criminal proceedings.

Pre-trial reconciliation of the parties is carried out by investigative or inquiry authorities on the basis of submitted statements of intention to reconcile on both sides. Judicial reconciliation of the parties in a criminal case is carried out on the basis of the same statements, but already addressed to the judge hearing the case.

As a rule, in practice in 2022, even if the parties wrote a statement to the investigator and expressed their intention to reconcile as part of investigative actions, the court will still terminate the case.

Also read: What circumstances are subject to proof in a criminal case: types and conditions

Arriving at the first court hearing, the defendant and the victim will have to again document their intention.

After the judge pronounces the verdict, there will be no opportunity for the parties to reconcile.

Does reconciliation require a criminal record?

Whether the reconciliation of the parties in a criminal case is considered a criminal record is an incorrectly formulated question. In fact, when the parties reconcile, the criminal case is terminated.

This means that the defendant does not change his status to convicted. Based on this, there is no criminal record in this case.

However, information that a specific subject was prosecuted under this article will remain. This information is contained in the Information Centers of the Ministry of Internal Affairs. Upon request from police or court officials, this information will be provided by these centers.

Information from the Information Centers indicates that the criminal case was terminated on the basis of the article of the Criminal Procedure Code of the Russian Federation on reconciliation of the parties.

How does reconciliation happen in court?

The procedure for reconciliation of parties in a criminal case is strictly regulated.

In order to carry it out, firstly, the parties need to appear at the court hearing. If one of the parties to the case avoids appearing, reconciliation will not take place.

The procedural procedure for reconciliation of the parties occurs in several stages:

• Before the court hearing, the parties to the case are required to fill out an application for reconciliation addressed to the judge. It must indicate how the harm or damage was compensated. If beatings took place, usually the participants in the process write that an apology was made.
• As part of the consideration of a criminal case, the parties must file a petition to include a statement of reconciliation in the case materials. If none of the participants in the trial objects to the inclusion of documents, the judge will grant the request.
• The judge will definitely ask questions to the defendant and the victim about whether they agree to reconciliation and whether the type of compensation or apology that was provided by the perpetrator is enough for the victim.
• If, according to all the criteria, reconciliation of the parties in the case is possible, the judge will retire to the deliberation room, where he will make a decision to terminate the criminal case. It will be made clear to the parties that this is not a rehabilitative basis. Copies of the decision will be given to the victim and the defendant.

When several persons were involved in a crime, the judge can release from criminal liability only those who have compensated for the damage upon reconciliation of the parties.

If at least one of the victims is against reconciliation of the parties, the criminal case will not be terminated on this basis.

If you do not know whether your crime is classified as mild or moderate and whether reconciliation is possible, seek help from a defense attorney or ask a judge for this information.

Although usually, if reconciliation of the parties is possible, the judge’s staff will ask you to fill out an application for reconciliation before the court hearing.

If the defendant is a minor, the statement of reconciliation, in addition to him and the injured party, will be written by the legal representative of the minor.

Petition for reconciliation of the parties

There are no clear requirements for the preparation of an application or petition for reconciliation of the parties in the laws. Such a petition can be submitted not only to the defendant, but also to his defense attorney on behalf of the defendant.

The petition for reconciliation must include the following information:

• Name of the court and judge to whom the application is addressed;
• Full name of the defendant, his contact information;
• The essence of the request with reference to legislative norms;
• Indication of the grounds for termination of the criminal case;
• A record that the victim has no claims against the defendant;
• Date and signature.

If there is confirmation of the fact of compensation for damage, you need to attach these documents to the application . This is necessary so that the judge does not have questions about the validity of the petition.

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:

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 on whether the case can be closed. If the decision is positive by the court, the prosecutor's office, or the investigative committee, 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.

What is restorative justice?

Despite the fact that the very possibility of a peace treaty is provided for by law, the procedural side of this has not yet been fully developed.

Thus, under certain conditions (in other words, being interested in a certain outcome of the process), law enforcement agencies refuse to meet the parties halfway. The criminal prosecution continues, while there are all the prerequisites for its termination. This is caused by the desire to “bring” a criminal case to court and thereby increase the crime detection rates.

Thus, investigators may refuse to reconcile the parties if:

• The crime is grave or especially grave;
• It was committed against a minor teenager or child, a pregnant woman or a disabled person (pensioners, disabled people);
• If necessary, the investigator “raises the statistics of punishments”;
• If directed by management, continue the investigation and bring the culprit to justice;
• The investigator has suspicions of criminal actions of the accused in order to obtain a conciliation agreement: Blackmail;
• Threat;
• Psychological pressure and manipulation;
• Kidnappings of loved ones;
• Other crimes.

If, at the stage of investigation of a criminal case, the investigator or investigator refuses to terminate it for reconciliation of the parties, then statements (both of the accused and the victim) still need to be written and attached to the case materials.

Even if reconciliation of the parties is refused, statements about it must be written by both parties and attached to the criminal case.

In addition, the possibility of any type of pressure on the victim, both from the accused and from law enforcement agencies, should be excluded. And cases of forced reconciliation happen quite often.

Reconciliation during civil proceedings

One of the most common types of reconciliation of the parties is the termination of a criminal case with the use of a settlement agreement as a result of successful negotiations, which is regulated by the Code of Civil Procedure, Article 39, Part 1. Mandatory requirements that allow reaching a compromise on the current situation are:

• Article 173 and 326.1 of the Code of Civil Procedure, the reconciliation procedure is possible in two instances.
• The conclusion of an agreement must satisfy the current rules of the Code of Civil Procedure and not infringe on the rights and interests of other persons.
• The process will be considered completed after the application is approved by the court. As a result, the parties will not have the opportunity to re-apply to the court on this issue.

Also read: What are the consequences for stealing up to 1000 rubles?

An alternative option for reconciling the parties is the mediation process, which implies the participation of a qualified specialist in resolving the dispute. At the end of the process, a mediation agreement is signed, for which the following requirements must be met:

• The process can be initiated by interested parties or a judicial authority.
• During the necessary steps according to the procedure, consideration of a civil case is not carried out. Regulated by Article 169 of the Code of Civil Procedure.
• Execution of the agreement is allowed exclusively on a voluntary basis, in accordance with Federal Law No. 193, part 2, article 12.
• An agreement accepted and agreed upon by all parties can be used as a settlement agreement, which is approved by a judicial authority.

In the Russian Federation, the method of mediation is not often used in civil proceedings. This is due to innovations that are incomprehensible to many citizens.

What's happened?

The Plenum of the Supreme Court of the Russian Federation supported at the meeting the draft resolution “On approval of the Rules for conducting judicial reconciliation.”
The document was developed by a working group of the Armed Forces of the Russian Federation in connection with the entry into force on October 25, 2019 of the Federal Constitutional Law of July 26, 2022 No. 3-FKZ and amendments to procedural codes (Arbitration Procedure Code of the Russian Federation, Civil Procedure Code of the Russian Federation and CAS of the Russian Federation) related to the improvement of conciliation procedures. According to the new legislation, the powers of the Plenum of the RF Armed Forces include approval of the Rules for conducting judicial conciliation and the formation and approval of a list of judicial conciliators. Only on the basis of such regulations can conciliation procedures be carried out during legal proceedings in courts of general jurisdiction and arbitration courts.

Explanation of the terms of reconciliation

A citizen who has committed an unlawful act for the first time is characterized by the following criteria:

• He has never been prosecuted before.
• If earlier, a sentence was passed against the citizen, but it did not receive legal force.
• For a previous illegal crime, the statute of limitations has already expired.
• The existing criminal record has already been fully expunged or removed.
• Due to the changes made, the act committed by a citizen does not apply to criminal offenses.
• For various reasons, the person was completely released from criminal liability.

Compensation for damage caused by illegal actions is possible in various ways:

• Cash.
• Providing necessary assistance to the victim.
• A public apology for a crime committed.
• Other measures that restore the lost interests of the injured party.

All possible methods of compensation for damage must be legal and not violate the rights of other citizens.

Who decides on possible reconciliation of the parties?

The judge has the right to decide how much reconciliation is possible, and before the trial, the inquiry officer (with the prosecutor’s approval) or the investigator. They make a positive decision if the parties are ready to make peace, subject to the following conditions:

• The offense was committed for the first time. Before this, the perpetrator had never been prosecuted (or was prosecuted but was released from it). Often used in relation to teenagers and young girls.
• The crime should not be from the category of grave or especially grave.
• The perpetrator must apologize to the victim sincerely and publicly.
• The perpetrator must repent of what he has done and have the desire and opportunity to make amends to the victim. It could be:

1. Monetary compensation for moral damage;
2. Material (in the form of return of stolen valuables or their value);
3. Providing all possible measures to restore health lost due to the fault of the criminal.

• The victim himself must express a desire to reconcile with the offender. This decision should not be made under any pressure from the criminal or other persons who act on his behalf.
• The accused agrees to end the case with a peace agreement.

This means that in order for reconciliation of the parties to become possible, the criminal will have to work hard to make amends and compensate for all the damage. The law also allows for the possibility that the accused may accept financial liability in excess of the damages in order not only to make amends, but also to help the victim recover from the crime.

Closing the reconciliation case

Reconciliation of the parties in a criminal case before trial is allowed. Until the materials collected by law enforcement agencies have been sent to court, the investigator has the right to approve the termination of the investigation. To launch such a procedure, its initiator must enlist the support of the prosecutor. The main thing is that the victim writes and provides an appropriate statement, in which he outlines his desire to reconcile with the attacker. The moment when the reconciliation procedure can begin is not defined by law. This could be the time of:

• Investigative actions.
• Case consideration.

If the materials of the criminal case are transferred by the investigative authorities to the court, in order to reconcile the parties it is necessary to go through the following stages:

1. Agree on the amount of compensation that suits the victim.
2. Wait for the moment of full payment of compensation payments from the criminal.
3. Draw up and send to the court a petition for consent to reconcile the parties.

When considering the possibility of reconciliation between the parties, the court will necessarily take into account the opinions of all interested parties participating in the process. The accused must provide a counter-statement confirming his desire to terminate the criminal case due to the reconciliation of the parties. After considering all the circumstances of the case, the court will make a decision.

Even if everyone involved in the process wants to dismiss the case, the court may reject the request. Sometimes the accused himself does not want to terminate the investigation, in which case the court will certainly refuse the petition. A person suspected of committing a criminal offense almost always agrees to such a procedure. The reason for rare refusals is the inability to rehabilitate.

Reconciliation in Practice

In theory, reconciliation of parties in a criminal case is a fairly simple and uncomplicated process, but in practice such an action raises various questions. Statistics show that the decision to reconcile in pre-trial proceedings occurs much less frequently than a similar action at the stage of consideration of the case in court.

This is due to the fact that law enforcement agencies do not want to close cases of reconciliation of the parties after conducting investigative checks and at the stage of transferring the case materials to the court. If during the preliminary investigation the case was refused to be closed, then during the consideration of the case in court everything can be resolved much faster.

To do this you need:

• Attach a statement from the victim indicating his consent to reconciliation.
• Ensure the presence of the injured party at the court hearing, at which the decision will be officially confirmed again.

Is it possible to withdraw the application?

If a citizen has received a statement from the police department about the commission of illegal actions against him, then it is impossible to take him back. The only option is to officially refuse the application. After registration of the application by law enforcement agencies, reconciliation of the parties is allowed until a criminal case is initiated in two situations:

1. Until a criminal investigation is launched. If all the conditions for reconciliation of the parties are met, no criminal case will be initiated.
2. When checking the circumstances of the case during a pre-investigation check. In the vast majority of cases, when writing a statement of reconciliation at this stage of the investigation, the investigators will reject such statements. In most cases, this is due to a desire not to spoil the official statistics on cases brought to court. The next opportunity to close cases of reconciliation of the parties is to file a corresponding petition during the trial.

Also read: Classification of punishments in criminal law: main types

Such possibilities are permissible for private prosecution cases, including:

• Beatings.
• Mild harm to health.
• Slander.
• Other similar acts.

Who can apply for reconciliation?

An application for reconciliation between the parties can come either directly from the victim or from his representative. This initiative should come only from the injured party:

1. Victim (victim) of a crime;
2. Legal representative of the victim: Guardian;
3. Natural or adoptive parents;
4. Trustees.

The criminal or his lawyer cannot apply for reconciliation of the parties on their own, because this decision must come from the victim.

For example, if a crime is committed against a minor, a disabled person, or a citizen under guardianship due to mental illness, then the decision on compensation for damages is made by his legal guardian.

If the result of the offense was the death of the victim due to negligence, then all rights pass to his relatives. It is they who decide what kind of compensation will suit them.

Rules for writing an application

If a decision has been made to terminate the criminal case due to reconciliation of the parties, it is necessary to draw up and send to the police department whose officers are conducting the investigation a statement containing the following information:

• Personal details and position of the employee entrusted with the investigation.
• Full name, residential address, contact information of the person making the application.
• The reason why it is necessary to terminate the criminal case: reconciliation of the parties to the conflict due to the lack of claims from the injured party.
• All legal acts that allow reconciliation.
• Date of compilation and personal signature.

Deadlines for expunging criminal records

For a person who has not been convicted for the first time, the fact is important whether his criminal record is considered expunged or not. When a reconciliation is written, it is very important that past charges are either dropped or extinguished, and the person is considered to be involved for the first time. If a violation of the law took place, then pay attention to the timing when the admission of guilt was received, thus:

1. If a citizen has a probationary period, then upon expiration of this period he is considered clean before the law.
2. A suspended sentence requires waiting a year after the completion of the probationary period.
3. For the category of cases of medium and light degree for which a person was convicted, the repayment period is calculated at 3 years.
4. For serious crimes, the period for expungement of a criminal record increases to 6 years.
5. For particularly difficult periods the period is calculated at 8 years.

The countdown of time begins from the day the sentence is completed. For example, a citizen previously had a criminal record in the average category of cases, the assigned period of imprisonment is 5 years. From the moment of passing 5 years, a 3-year report begins, after which the person will be considered to have no previous convictions.

Judicial procedure

There are a number of aspects that are inherent in the process of reconciliation of the parties. The petition can be sent to any stage of the investigation of the case, but the final decision will be made after studying all the circumstances of the case and the data provided by the competent authorities.

The injured party submits a written statement to the judge and briefly states the essence of the petition. The judge clarifies the opinion of all participants in the process on this issue, but their statements are not decisive for the court.

It is mandatory to find out the opinion of the accused. If the public prosecutor opposes the termination of the reconciliation case, the court may make a positive decision on the application and approve the reconciliation of the parties. If during the trial it was not possible to provide evidence of the fact of full compensation for damage, the court will most likely reject the petition.

The decision to reconcile the parties can be appealed by the following participants in the process:

• Injured party.
• Victim.
• Prosecutor.
• Defense side.

Assistance of lawyers in a settlement agreement between the parties

Many citizens who have not previously encountered participation in trials, collection and execution of documents feel quite insecure, so they prefer to enlist the support of lawyers and attorneys.

Such a specialist can become an indispensable ally in negotiations and developing arguments that have an impact on the opponent. Often, people cannot agree due to unspoken problems and surging emotions. Here, a lawyer can first play the role of an outside listener, assess the situation, and from the position of a lawyer, bring the parties to another level of communication, more constructive and productive.

A qualified lawyer can offer other participants in the process his own options for the development of events with a greater degree of benefit for both parties, since people simply may not be informed about other available methods for solving common problems and conflicts.

Consequences of reconciliation of the parties

The only negative consequence of the process of reconciliation of the parties is the lack of opportunity to rehabilitate. In fact, this means that everyone will have free access to all information about the crime committed. For the defendant, if the criminal case is terminated due to the reconciliation of the parties, a number of restrictions will be imposed throughout his life, including a ban on working in law enforcement agencies, law firms, and the judiciary.

Non-rehabilitative base

There are grounds for rehabilitation after release from future criminal liability.

Rehabilitation the place of work and school, where employees learn about the event.

Reconciliation of the parties is not considered to be the basis for rehabilitation. This norm is enshrined in part 4 of article 133 of the Code of Criminal Procedure of the Russian Federation.

This means that in the future the citizen will be released from criminal prosecution and liability , but without measures that involve measures accompanying rehabilitation.

Reconciliation of parties in a criminal case:

Consequences of termination of a criminal case

Rehabilitation of the committed act upon reconciliation of the parties does not take place. That is, in fact, information about the crime committed will always be freely available.

For the defendant, the termination of the criminal case after reconciliation of the parties means that a number of restrictions will be imposed on his future life. In particular, he will not be able to work as a police officer, lawyer, or judge.

If at the investigation stage the parties were refused to reconcile the parties and terminate the criminal case, they have the right to re-file a petition in court.

You can avoid criminal punishment peacefully . To do this, it is only necessary to completely make amends to the victim for the harm caused by the crime.

But it should be taken into account that if the criminal case is terminated due to the reconciliation of the parties, information about the committed act will be retained forever.