Article 27 of the Code of Criminal Procedure of the Russian Federation. Grounds for termination of criminal prosecution

Article 27 of the Code of Criminal Procedure of the Russian Federation. Grounds for termination of criminal prosecution (current version)

1. The Code of Criminal Procedure of the Russian Federation applies a new and rather complex legal structure, within the framework of which an attempt is made to separate the grounds for terminating a criminal case (refusal to initiate a criminal case) and the grounds for terminating criminal prosecution. According to the general meaning of ch. 4, 29 and a number of other norms of the Code, termination of criminal prosecution without termination of the criminal case as a whole can occur in two situations:

1) the circumstances leading to the termination of procedural proceedings do not apply to all, but only to one or several suspects (accused), and in relation to other persons, including those not yet identified, the criminal case and criminal prosecution can and should be continued. This may occur in the following cases: a) it is established that the suspect or accused is not involved in the commission of a crime (clause 1, part 1, article 27); b) issuing an amnesty act, which covers not all, but only some of the suspects or accused (clause 3, part 1, article 27); c) if there are grounds specified in Art. 24 (clause 2, part 1, article 27). In case of application of Art. 24 these grounds would serve only to terminate the criminal case, but as grounds for termination of the criminal prosecution, they apply not to all, but only to individual suspects or accused, and therefore do not entail the termination of the entire case as a whole, but only the criminal prosecution of individuals. So, for example, the absence of corpus delicti in the actions of a person involved among several accomplices (clause 2, part 1, article 24) entails termination of criminal prosecution in relation to him, but in relation to the rest, the proceedings continue. The same can be said in relation to: a) the expiration of the statute of limitations (clause 3, part 1, article 24), for example, when one of the accomplices is a minor and the statute of limitations against him is in accordance with art. 94 of the Criminal Code is reduced by half; b) lack of consent of the court to initiate a case or bring as an accused one of the persons with official immunity (clause 6, part 1, article 24), etc.;

2) criminal prosecution is terminated in relation to the charges brought - for individual episodes (crimes), if they are not confirmed (Part 2 of Article 175 of the Code of Criminal Procedure). Proceedings on the remaining charges continue.

2. In the cases provided for by this article, termination of criminal prosecution is possible only in relation to suspects or accused, i.e., as a rule, only after the initiation of a criminal case (the exception is the case when a person is actually detained as a suspect even before the initiation of a criminal case in accordance with Articles 91, 92).

3. The subjects of the right to terminate criminal prosecution are only state bodies and officials leading the process and at the same time carrying out criminal prosecution: the investigator, the head of the investigation department and the interrogating officer. They can terminate criminal prosecution either without terminating the criminal case (Part 4 of Article 27) or with its simultaneous termination (Part 1 of Article 212).

The court is not the subject of termination of criminal prosecution, because in principle it does not have the right to carry out criminal prosecution, therefore, in the cases provided for in paragraphs 3 - 6 of Part 1 of Art. 24 and paragraphs 3 - 6, part 1, art. 27, as well as Art. 28, the court terminates not the criminal prosecution, but the criminal case (Articles 239, 254).

The inquiry body has the right to initiate a criminal case in which a preliminary investigation is mandatory (Part 1 of Article 157), and therefore refuse to initiate it, but in these cases it is not endowed with the right to terminate such a criminal case or criminal prosecution.

4. On the concept of non-involvement of the suspect or accused in the commission of a crime, see paragraph 14 of the commentary. to Art. 5.

5. Termination of criminal prosecution as a result of the adoption of an amnesty act is possible only if it releases the person from criminal liability. If the conditions for the application of the amnesty imply in relation to a given person only exemption from the application of punishment, its reduction or replacement with a milder form, the subject of the application of the amnesty is only the court, which does not terminate the criminal case, but passes a conviction with the imposition of a sentence and exemption from serving it ( clause 1, part 6, article 302).

6. A sentence that has entered into legal force against a suspect or accused on the same charge, a court ruling or a judge’s decision to terminate a criminal case on the same charge (clause 4, part 1, article 27) are prejudicial acts that exclude the possibility of carrying out any -procedural actions in relation to the suspect or accused, since repeated prosecution for the same crime based on the meaning of Part 1 of Art. 50 of the Constitution of the Russian Federation is not allowed (the principle of non bis in idem). It should, however, be taken into account that according to Art. 90 of the Code of Criminal Procedure (“Prejudice”), circumstances established by a sentence that has entered into legal force are recognized without additional verification, only if these circumstances do not raise doubts in the court. Thus, only the court has the right to doubt the truth of a previously decided verdict, but not the investigator and interrogating officer, for whom a verdict in another case that has entered into legal force is, in any case, mandatory and entails the termination of criminal prosecution (see paragraph 1 of the comment. to Article 90). Paradoxically, the discovery at a court hearing of an unreversed decision of an investigator, investigator or prosecutor made against the accused (defendant) to terminate criminal prosecution on the same charge or to refuse to initiate a criminal case is a mandatory basis for termination of criminal prosecution not only for others by an investigator or inquiry officer, but also to terminate a criminal case against a given person by the court. See about this: paragraph 4 comment. to Art. 254 of this Code. The Constitutional Court of the Russian Federation in one of its decisions confirmed that the court is obliged to terminate a criminal case if it reveals the presence of an investigator’s decision to terminate a criminal case that has not been canceled in accordance with the procedure established by law due to the absence of corpus delicti in the actions of the accused.

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See: Resolution of the Constitutional Court of the Russian Federation of December 8, 2003 N 18-P “In the case of verifying the constitutionality of the provisions of Articles 125, 219, 227, 229, 236, 237, 239, 246, 254, 271, 378, 405 and 408, as well as chapters 35 and 39 of the Code of Criminal Procedure of the Russian Federation in connection with requests from courts of general jurisdiction and complaints from citizens” // RG. 2003. 23 Dec. N 257.

The prosecutor's decision to cancel the decision to initiate a case (Part 4 of Article 146) is also the basis for terminating the criminal prosecution of the suspect or accused.

7. On the grounds for termination of criminal prosecution, provided for in paragraph 6, part 1, art. 27, see comment. to ch. 52 of this Code.

8. According to paragraph 4, in the cases provided for by this article, it is only allowed to terminate the criminal prosecution against the suspect or accused without terminating the criminal case. This means that the investigator and interrogator have the right, having terminated the criminal prosecution on the grounds mentioned in this article, to terminate the criminal case as a whole if they come to a reasonable conclusion that it is not possible to identify or expose other persons involved in the commission of the crime, or to hope for the disappearance in the future of conditions preventing the continuation of criminal prosecution against this person.

9. In the event of termination of criminal prosecution against all suspects or accused in a given criminal case, the latter is also terminated entirely, with the exception of cases of termination of criminal prosecution due to the non-involvement of the suspect or accused in the commission of a crime (part 4 of article 24, paragraph 1 of part 1 Art. 27). This exception is explained by the fact that establishing a person’s non-involvement in the crime committed, as a rule, does not eliminate the need to identify the true culprit of the crime.

10. For the procedure for terminating criminal prosecution, see commentary. to Art. Art. 148, 175, 212 - 214.

Comment source:

Ed. A.V. Smirnova “COMMENTARY ON THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION” (ARTICLE BY ARTICLE), 5th edition

SMIRNOV A.V., KALINOVSKY K.B., 2009

Amnesty in the Criminal Procedure Code of the Russian Federation
Article 27 of the Criminal Procedure Code of the Russian Federation establishes that amnesty falls under the general requirements of the procedure for terminating criminal prosecution. Among other things, this also means that the procedure for terminating prosecution under an amnesty distinguishes between the cessation of a criminal case (refusal to initiate a case) and the cessation of prosecution for a specific incriminated action (inaction). This distinction is necessary because of the criminal case. for example, it may be initiated against several suspects (accused), among whom there may be persons to whom the amnesty does not apply; a case may contain several episodes (crimes), but the amnesty does not apply to individual episodes, etc. If the amnesty act exhausts all elements of a given criminal case and the range of subjects of responsibility, then the criminal case should be terminated, and vice versa.

Termination of criminal prosecution on the commented grounds applies only to suspects and accused, and therefore, it is possible after the initiation of a case - at the stages of pre-trial and trial proceedings.

After the amnesty act enters into legal force, the termination of criminal prosecution is carried out by the state bodies leading the prosecution process - the investigator, the head of the investigation agency or the interrogating officer. These persons may cease prosecution if the act of criminal amnesty provides for exemption from liability in this case. The court dismisses the criminal case.

A criminal amnesty act may provide that the person being prosecuted is released from liability. When an amnesty exempts a person from punishment, reduces a sentence, or replaces a more severe punishment with a mild one, the court renders a verdict of guilty, in which it imposes a more lenient punishment, or imposes a punishment and releases it.

The law establishes that the accused may not agree to the termination of criminal prosecution. The same applies to the accused. If the accused or suspect declares such disagreement, the proceedings (consideration) of the case continue as usual. The RSFSR Code of Criminal Procedure, which was in force before the adoption of the Code of Criminal Procedure of the Russian Federation, did not provide for such a disposition, which was interpreted by the courts as a requirement to terminate proceedings without any options. This practice was stopped after the Constitutional Court of the Russian Federation adopted Resolution No. 18-P of October 28, 1996 in the case of verifying the constitutionality of Article 6 of the Criminal Procedure Code of the RSFSR in connection with the complaint of citizen O.V. Sushkova. This resolution is also relevant due to the clarification of the Constitutional Court of the Russian Federation that the release by the court from criminal liability and punishment from the amnesty should not be regarded as a statement of guilt or lack thereof of the accused. This means that the termination of proceedings will not have any prejudicial significance in matters of guilt, but will have significance as a statement of the fact of the commission of the act. Actually, in order to challenge the statement of the fact of the act, the accused needs the right to challenge the termination of proceedings under the amnesty.

Later, on July 15, 2008, in Determination No. 501-O-O on the refusal to accept for consideration the complaint of citizen Olga Semenovna Sokolova about the violation of her constitutional rights by paragraph 3 of part one and part two of Article 27, Articles 212 and 213 of the Criminal Procedure Code of the Russian Federation and part one of Article 71 of the Civil Procedure Code of the Russian Federation, the Constitutional Court of the Russian Federation clarified its position regarding the prejudice to terminate prosecution under amnesty in civil proceedings. According to the court, the decision to terminate the criminal case under amnesty is not prejudicial from the point of view of Art. 71 Code of Civil Procedure of the Russian Federation. Only a sentence can be such. The decision in question can be considered by the courts as ordinary written evidence, which requires additional verification. see further commentary to Art. 133 of the Code of Criminal Procedure of the Russian Federation, see below the commentary to Art. 213 of the Code of Criminal Procedure of the Russian Federation, see below the commentary to Art. 302, 472 Code of Criminal Procedure of the Russian Federation

CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION N 174-FZ of December 18, 2001

Article 27. Grounds for termination of criminal prosecution

1. Criminal prosecution against a suspect or accused is terminated on the following grounds:

3) as a result of the amnesty act;

2. Termination of criminal prosecution on the grounds specified in paragraphs 3 and 6 of the first part of Article 24, Articles 25 and 28 of this Code, as well as paragraphs 3 and 6 of the first part of this article, is not allowed if the suspect or accused objects to this. In this case, the criminal proceedings continue as usual.

4. In the cases provided for by this article, it is permitted to terminate criminal prosecution against a suspect or accused without terminating the criminal case.

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Termination of criminal prosecution

- Clause 1 Part 1 27 Code of Criminal Procedure

if the person is not involved in the crime

— clause 2, part 1, 27 Code of Criminal Procedure

if the case is dismissed on the grounds of
part 1 24 of the Code of Criminal Procedure
- clause 3 of part 1 27 of the Code of Criminal Procedure

cessation of prosecution under an amnesty act

- clause 4 part 1 27 Code of Criminal Procedure

if there is already a verdict on this fact

- clause 5 part 1 27 Code of Criminal Procedure

if there is already a refusal to initiate proceedings on this fact

- Part 3 27 Code of Criminal Procedure

if the age of responsibility is not reached

— Part 3 27 Code of Criminal Procedure

if there is a lag - in mental development

Consent required to terminate