The case was closed due to reconciliation of the parties, can it be reopened?

Reconciliation of the parties

After examining all the circumstances, the court will make a decision to refuse your claim or terminate the criminal case. The court may refuse despite the consent of all participants in the process.

If the case is not brought to court, the victim can file an application for reconciliation between the parties. It should be sent to the police department involved in the investigation or to the investigative agency.

The defendant only compensates for the damage caused or compensates for the harm, and the victim no longer has any claims. Is a person considered to have been convicted if the case was closed by reconciliation of the parties? Only in this case is it considered that the parties have reconciled. According to the law, such a petition can be filed by the victim or his legal representative.

It is important to justify your decision and indicate whether the damage is compensated, in what amount, whether the damage is compensated and how. Methods of compensation for damage and reparation must be legal and not infringe the rights of third parties.

Acknowledgment of the claim

The defendant's acceptance of the claim may also be the result of a conciliation process. The procedure for the defendant’s recognition of claims is regulated by Art. 157 CAS RF.

Recognition of the claim by the defendant and its approval by the court leads to a decision to satisfy the claims made by the administrative plaintiff.

Admission of a claim must be distinguished from admission of facts. In this case, the defendant admits only certain factual circumstances, but not the stated claim. The legal consequences of these procedural actions are different. Recognition of a fact (circumstance) by one of the parties frees the other party from the need to prove this fact (circumstance) in further proceedings (clause 4 of article 65 of the CAS RF).

Termination of a criminal case due to reconciliation of the parties

Thank you Sergey... But the fact is that nothing like that happened... He hit me on the face once to calm me down (a small bruise came out), I just wanted to scare him, but it turned out that I was scared myself and was worried about him..... He is the only breadwinner in the family, I don’t work - I look after the small children... Maybe I need to hire a good lawyer? Can they just give him one more condition from above? I met with an interrogator not long ago. She said. can they give him one more condition up on the terms... can they do that... I don’t know what to do.

Where to go.

Hello, I have a question. A criminal case was opened for theft, but there was an application, and a request to dismiss the case, no one was summoned to the court and no papers were sent, it seems like an application under Article 76. Is it possible to work with this in the authorities?

It is also very important to know and understand that a person is considered to have not previously committed a crime if he has committed one or more crimes, none of which he has previously been convicted of, or when a previous sentence against him has not entered into legal force (resolution Plenum of the Supreme Court of the Russian Federation No. 2 of January 11, 2007, as amended in 2009, download). Hello, I have a question. A police officer, while off-duty, as a result of a conflict, caused moderate harm to a citizen, and a police officer also suffered moderate harm to his health. At the moment, the material on this fact is in the prosecutor's office.

If the parties have settled and have no claims, is it possible to terminate the case without going to court and how can a police officer avoid dismissal in this case. Thank you. Thank you! Should I go to the police station or to the investigator to write a statement? And please tell me when is the best time to do this (the fact is that it is practically impossible to find the investigator in the office). Only authorized bodies can refuse to initiate a criminal case. You can write a statement that you have reconciled and have no complaints. No, in practice this cannot be done before the trial. Only in court, and it is not a fact that the court will dismiss the case for reconciliation of the parties.

This year, amendments to the Criminal Code of the Russian Federation will be adopted to decriminalize this article, so after adoption, you can apply to the court with an application to apply the changes and expunge your criminal record.

Mediation (mediation)

Mediation is a method of resolving a conflict with the assistance of a mediator in order for the parties to reach a mutually acceptable solution (Article 2 of the Law on Mediation).

The mediation procedure can be applied both before the applicant goes to court and after the start of the trial, including at the suggestion of the judge. Moreover, the presence of an agreement between the parties on the use of mediation, as well as the out-of-court conduct of this procedure, is not an obstacle to a party seeking judicial protection (Clause 3 of Article 7 of the Law on Mediation).

Note! The CAS of the Russian Federation (Article 137.5) contains a list of categories of cases in which the use of the mediation procedure is not allowed. In particular, these are the cases:

The use of the mediation procedure is possible only on the basis of mutual agreement. No one can be forced to participate in this procedure. Voluntary participation also means the possibility of withdrawing from the procedure at any stage (clause 4 of article 14 of the law on mediation).

Note! According to Art. 10 of the Law on Mediation, the activities of mediators can be either paid or free. But the activities of organizations providing mediation procedures are always paid.

You can learn about how the procedure goes and its stages from the article “Procedure and features of the mediation procedure.”

If the mediation was successful and the parties managed to agree on a settlement of the dispute and enter into a mediation agreement, then the court should be notified about this. The agreement reached is subject to approval by the court in accordance with Art. 137.1 CAS RF.

Features and process of reconciliation of the parties

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

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.

Compensation for damage caused by illegal actions is possible in various ways: 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 it 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: Even if all participants in the process want to close the case, the court may reject the petition. 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.

• 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.

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

• 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. If the case is closed by reconciliation of the parties, does the person have a criminal record? As a result, the parties will not have the opportunity to re-apply to the court on this issue.

• 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.

If the slightest suspicion arises of exerting pressure on the victim, the application for reconciliation will not be accepted for consideration, since release due to reconciliation is allowed, but is not mandatory. After reaching an agreement on the fundamental possibility of a compromise solution, it is necessary to document the intentions.

Results of conciliation procedures

Possible outcomes of conciliation procedures (negotiations, mediation, judicial reconciliation, etc.) are enshrined in Art. 137.7 CAS RF.

The best result of the application of any PP, of course, is the conclusion of a reconciliation agreement by the parties.

Note! The concluded agreement may contain provisions related to the requirements under consideration, but not the subject of legal proceedings (clause 10 of article 137 of the CAS RF). That is, the subject of a reconciliation agreement can be much broader than a court decision, which is quite attractive in terms of resolving the maximum possible number of issues during one process.

Along with concluding a conciliation agreement, the legislator also allows alternative options for completing the settlement, such as abandoning the claim or admitting the claim. But in these cases, the corresponding procedural action is not independent in the sense of paragraph 1 of Art. 157 CAS RF. Therefore, this kind of statement may well become part of a reconciliation agreement.

As for the agreement on factual circumstances, it means that the parties have reached agreement in assessing the circumstances of a particular case, on the establishment of which the outcome of the process to one degree or another depends. This agreement excludes the circumstances specified in it from judicial consideration due to their recognition by one of the parties. The relevant circumstances are indicated in the court decision without their assessment by the court, but with an indication that an agreement between the parties was concluded in relation to these circumstances.

Termination of a criminal case due to reconciliation of the parties

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

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

In practice, the question may arise whether it is possible to reconcile in cases where the sanction of the article does not provide for deprivation of liberty as a form of punishment at all. It does not make a significant difference what this document is called: it will not be a mistake if instead of “application” “petition" is indicated. It is clear that this term should not be taken literally - the participants in the trial (the so-called “parties”) may not become friends or become friends families, no longer hold a grudge against each other, etc. Moreover, the victim may never forgive the inconvenience caused by the crime.

At the same time, if the victim voices demands that will satisfy him and the defendant agrees with these demands, the court may issue a decision to dismiss the case.

Procedure for setting up a conciliation procedure

The parties can initiate reconciliation during a legal dispute by filing a corresponding petition.

The court, on its own initiative, also has the right to invite the parties to conduct a PP of their choice.

If the parties need time to make a decision, the judge may postpone the consideration of the case or take a break in the court session (Clause 1 of Article 137.2 of the CAS RF).

If the parties decide to proceed with reconciliation, the court issues a ruling on the appropriate procedure and, if necessary, suspends the proceedings (clause 2 of Article 137.2, subclause 6 of clause 1 of Article 190 of the CAS RF).

The determination on the appointment of a PP must contain the information specified in paragraph 2 of Art. 137.2 CAS RF:

• information about the parties to the conflict: full name and (or) names of the parties;
• information about the subject of the dispute;
• issues that need to be resolved;
• duration of reconciliation;

• other data necessary for the implementation of the PP, for example, about the candidacy of a judicial conciliator in the relevant procedure (clause 4 of article 137.6 of the CAS RF).

If the parties are unable to independently resolve the dispute by waiving the PP, or the period for such a procedure expires, then the proceedings in the case will be resumed.

Let's look at different types of conciliation procedures.

Review of the practice of terminating criminal cases on the grounds provided for in Art.

In accordance with Part 2 of Art. 15 of the Criminal Code of the Russian Federation, intentional and careless acts are recognized as crimes of minor gravity, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed three years of imprisonment.

Accordingly, if a person has not previously been convicted (or one of the circumstances exists that annulls the legal consequences of bringing a person to criminal liability), then criminal prosecution can be terminated on several counts (subject to other conditions provided for by the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation), a ban on termination Neither the Criminal Code of the Russian Federation nor the Code of Criminal Procedure of the Russian Federation contain criminal prosecution for several episodes.

Now let's move directly to the controversial issues that arise when resolving petitions to terminate criminal cases in connection with the reconciliation of the parties.

1. Is the personal presence of the victim necessary when resolving the issue of terminating the criminal case in connection with the reconciliation of the parties?

Dear readers! In this article I want to analyze the practice of courts applying the provisions of Art. 25 of the Criminal Procedure Code of the Russian Federation, namely the issues of termination of criminal cases in connection with the reconciliation of the parties. The analysis will be based on specific cases from my legal practice. As a bonus for individuals who independently defend their rights, this publication contains a sample petition to terminate a criminal case in connection with the reconciliation of the parties (link at the end of the article).

In cases where the crime goes beyond the scope of private relations, the application may be withdrawn at the stage of initiating a criminal case, but before the start of the investigation. Such actions are possible in situations where the suspect has not previously been accused of committing criminal offenses. However, it should be understood that both of the above crimes must contain signs of knowingly providing false information. Thus, the law enforcement agency or other applicant will have the full burden of proof. Their responsibility will include proving the facts that the original applicant knew about the absence of illegal acts on the part of the person accused of the crime, but still filed an application to hold him accountable for a non-existent crime. Since deception in relation to law enforcement agencies is punishable , there is a possibility that a statement written rashly or thoughtlessly can bring its author under the article “slander”. In this situation, the case may be dismissed due to the lack of corpus delicti , but only if one’s point of view is supported by reliable circumstances.

Termination of a criminal case or criminal prosecution in connection with the imposition of a criminal law measure in the form of a court fine is allowed at any time during the criminal proceedings until the court is removed to the deliberation room to pronounce the verdict, and in the appellate court - until the appellate court is removed to the deliberative room room for making a decision on the case. Okay, accepted. We see a mandatory condition that the accused person has “reconciled with the victim.”

We remember that according to public-private policy, reconciliation is not allowed. How to be? Let's look at the new articles on reconciliation introduced by Federal Law No. 323.

How to dismiss a battery case

Methods for terminating the case under Article 6.1.1. There are two Codes of Administrative Offenses of the Russian Federation (and a third one after the expiration of the engagement period):

Even if your (beaten) friend, who in the heat of the moment wrote a statement against you, then changes her mind and comes and says that she confirms that you were beaten, but has no claims against you - it’s all the same with regard to you: the police officer will draw up a report, and then the court will will issue a decision to prosecute under Article 6.1.1. Code of Administrative Offenses of the Russian Federation. Termination of a criminal case due to reconciliation of the parties - what is the article? The absence of claims from the victim will only affect the size of the imposed punishment - it will be minimal, i.e. a fine of 5,000 rubles.

One of them is to prove your innocence. We won't talk about this now. Link to article on proving battery here.

• The victim doubts who struck her;
• There are no witnesses, or they also cannot say for sure who caused the beatings;
• The person brought to administrative responsibility does not admit that it was he who struck the blows.

The subject of our discussion in this article will be how to terminate a battery case in connection with the reconciliation of the parties . Let's look at this option for terminating the case in detail. Important! In order to terminate the proceedings, the accused will only need to attract witnesses to the offense and prove the absence of a cause-and-effect relationship between the event and the applicant’s act. A lawyer can help you collect evidence. According to Art.

28.9, the official responsible for terminating the proceedings is the official who makes a decision in accordance with the procedure established in Art. 29.10 Code. Circumstances such as, for example, the identity and property status of the person held accountable, voluntary elimination of the consequences of the offense, compensation for the damage caused, are not circumstances characterizing the insignificance of the offense. By virtue of parts 2 and 3 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation, they are taken into account when imposing an administrative penalty. Termination of a criminal case through reconciliation of the parties if the criminal record has been expunged? Thus, by the resolution of the magistrate of judicial district No. 1 of the Cheboksary district dated May 24, 2010, the proceedings in the case of an administrative offense under Part 1 of Art.

20.1 of the Code of Administrative Offenses of the Russian Federation, in relation to V. was terminated due to the absence of an administrative offense in her actions. 2. Now about how it will work. Let’s say (I’ll use the same example), a neighbor beat a neighbor, the victim became injured, a telephone message was given to the police from the injury, and the police took the explanations, made an examination of the degree of harm to health and found out that there was not even slight harm to health. Now, together with the decision to refuse to initiate a criminal case, it is necessary to initiate an administrative investigation.5.

Decriminalization did not affect all situations. It continues to be a criminal offense if.

Rape and reconciliation of the parties

There are situations when the criminal voluntarily makes amends to the injured party and seeks her forgiveness. This is not always done because of remorse, most often because of elementary self-interest and unwillingness to bear responsibility.

Categories of crimes according to their severity depending on the social danger are revealed by Art. 15 of the Criminal Code of the Russian Federation. It states:

Termination of a criminal case due to reconciliation of the parties and release of a person from criminal liability is possible if: If the accused (suspect) first came to the attention of law enforcement agencies, then the question remains open of what degree of gravity a crime such as rape is. Termination of a criminal case for rape and release of the rapist from criminal liability due to reconciliation of the parties is impossible.

Appeal Decision No. 22-3266

He committed the crime under the circumstances set out in the verdict.

T. admitted guilt in committing this crime. Voluntarily compensated the victim for property damage and moral harm, which the court recognized as circumstances mitigating the punishment.

By a court verdict, T. was found guilty of violating traffic rules by a person driving a car, which negligently resulted in the infliction of grievous harm to human health. In accordance with Art.

Part 1. General provisions > Section I. Basic provisions > Chapter 4. Grounds for refusal to initiate a criminal case, termination of a criminal case and criminal prosecution > Article 25. Termination of a criminal case in connection with the reconciliation of the parties' target='_blank'>25 Code of Criminal Procedure of the Russian Federation the court, as well as the investigator with the consent of the head of the investigative body or the investigator with the consent of the prosecutor, have the right, on the basis of a statement from the victim or his legal representative, to terminate a criminal case against a person suspected or accused of committing a crime of minor or medium gravity, in cases provided for in Article General > Section IV. Exemption from criminal liability and from punishment > Chapter 11. Exemption from criminal liability > Article 76. Exemption from criminal liability in connection with reconciliation with the victim' target='_blank'>76 of the Criminal Code of the Russian Federation, if this person has reconciled with the victim and made amends for the damage caused to him harm. The state of health of the victim - causing him serious harm to health as a result of an accident - constitutes the objective side of Part 1 of Art.

Special part > Section IX. Is it possible to terminate a criminal case due to reconciliation of the parties? Crimes against public safety and public order > Chapter 27. Is it possible to stop public criminal prosecution for reconciliation of the parties? Crimes against traffic safety and transport operation > Article 264.

Violation of traffic rules and operation of vehicles' target='_blank'>264 of the Criminal Code of the Russian Federation, and therefore reference to this circumstance as taken into account when resolving a petition to terminate a criminal case is also illegal.

Reconciliation of parties in a criminal case, basic rules and requirements

According to the legislation of the Russian Federation, when considering a case, the outcome of the process can be changed by mutual agreement of two participants in the trial - the accused and the victim. Even if the fact of committing a crime is proven, the defendant has a chance to avoid a prison sentence. However, there are conditions that must be met.

In what situations is reconciliation of the parties in a criminal case allowed? It is important to know about the conditions to whom this rule may apply.

There is a strict sequence in the process of finding a compromise with the victim. The defendant must make full repentance, official recognition of his actions against the plaintiff, an apology and compensation for damages.

The amount of compensation for harm and damage depends on the crime committed and is established by agreement of the two parties. If the victim accepts the terms of the accused, then a compromise can be reached.

On a note. An official document from the plaintiff is the main factor in the possibility of dismissal of the criminal case.

Crimes of medium gravity are punishable by imprisonment from 24 to 60 months. The judge has the right to demand compliance with all points to close the case.

The law specifies the basic requirements for writing a petition for the possibility of resolving a conflict in a criminal case.

In an official document, all data must be entered correctly and filled out without pressure from any side. If a criminal case is closed due to reconciliation of the parties, is there a criminal record? The petition for reconciliation of the parties in criminal proceedings must indicate.

Negotiation

Negotiations are a conciliatory procedure through which the parties can resolve their differences independently. The main difference between negotiations and other methods of reconciliation is the absence of a mediator specifically specified in the law.

Negotiations are among the most common, simple and accessible means of conflict resolution. As a rule, they do not require additional costs, do not pose a risk to the parties and are aimed at constructive discussion of problems.

Negotiations can take place both before and after the initiation of a case in court. To use the procedure in a trial, it is necessary to apply to the judge with a petition in the prescribed form to appoint a PP and suspend the trial for its conduct.

The procedure for conducting negotiations is not defined in the CAS of the Russian Federation or other regulations. The legislator especially emphasizes the dispositive nature of negotiations, indicating that they are carried out on conditions determined by the parties. The conditions in this case also mean the rules for conducting the PP, agreed upon by the parties.

It seems that when conducting negotiations, the parties must also take into account the provisions of Art. 434.1 of the Civil Code of the Russian Federation, correlating them with the features of the administrative process.

Agreement on reconciliation of the parties - algorithm, nuances, sample application

Often, a conflict within the framework of a criminal, civil or administrative process ends with reconciliation of the parties. Let's consider whether reconciliation can always become the basis for terminating a case and how to properly initiate the reconciliation process.

It is logical that reconciliation of the parties in a criminal case is not considered a criminal record, because it took place before the court decision was made. According to Part 2 of Art. 86 of the Criminal Code of the Russian Federation: “A person released from punishment is considered to have no criminal record.”

In order for a criminal, civil or administrative case to be dismissed by agreement of the parties, it is necessary that the fact of reconciliation be recorded before the judge makes his decision on the case. Thus, reconciliation is possible at the stage of investigation and at the stage of trial in court, but before a court verdict is issued.

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.

Filling out an application for reconciliation of the parties does not have a unified form, but it must contain the following information:

• name of the addressee, i.e. indication of the institution to which the document is sent. As mentioned earlier, this could be the police, the investigative committee, the court;
• Full name of the applicant, i.e. the victim, his passport details. If the victim is represented by a proxy, then the details of the power of attorney must be indicated. The power of attorney must be certified by a notary;
• the essence of the petition: termination of the case in connection with the reconciliation of the parties in accordance with Art. 25 of the Code of Criminal Procedure of the Russian Federation and Art. 76 of the Criminal Code of the Russian Federation;
• notification of how compensation for material and moral damage was carried out by the perpetrator of the incident. If the compensation was made in monetary terms, then the amount must be indicated;
• the wording that the injured party has no claims against the perpetrator;
• date of application;
• personal signature of the victim with transcript.

Particular attention should be paid to the fact that termination of a criminal case after reconciliation of the parties , even if all the necessary conditions are present, is a right and not an obligation of law enforcement agencies. The investigator, inquiry officer, or judge may refuse to satisfy such a statement from the victim if they come to the conclusion that for some objective reasons the suspect (accused) does not deserve to be released from punishment. It is also worth noting that, although the law does not directly establish such a condition as full recognition by the suspect (accused) of his guilt in committing a crime, it follows from the meaning of other conditions that reconciliation with the victim and compensation for harm without admitting guilt and repentance for the crime is impossible.

Read other articles on the site:

• How to write a statement to the prosecutor's office against a teacher for insulting a student
• Civil liability for causing harm to person or property
• Public services license to purchase, store and carry self-defense weapons
• When resolving the issue of exemption from criminal liability
• Compensation for moral damage caused to health at work

Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!

Is it possible to terminate proceedings in a case of an administrative offense?

Article 4.2. Circumstances mitigating administrative liability

voluntary cessation of unlawful behavior by a person who has committed an administrative offense;

Circumstances mitigating administrative liability are recognized as: 7) voluntary execution, before a decision is made in a case of an administrative offense, by a person who has committed an administrative offense, of an order to eliminate the violation issued to him by the body exercising state control (supervision); 8) the commission of an administrative offense in a state strong emotional disturbance (affect) or due to difficult personal or family circumstances;

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