Samples
Resolution to initiate a criminal case: sample under Art. 158 of the Criminal Code of the Russian Federation
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Resolution to initiate a criminal case: sample under Art. 159 of the Criminal Code of the Russian Federation
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Resolution to initiate a criminal case: sample under Art. 161 of the Criminal Code of the Russian Federation
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Resolution to initiate a criminal case: sample under Art. 162 of the Criminal Code of the Russian Federation
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How to correctly draw up a resolution to initiate a criminal case?
A decision to initiate a criminal case is a document that is signed and drawn up by the investigator after the facts stated in the statement received from the victim to the police or prosecutor's office have been verified. Opening a criminal case without establishing the existence of a violation of the legislation of the Russian Federation is not within the competence of the investigator. There must be compelling and verifiable reasons to initiate an investigation.
If the presence of a crime is confirmed (there are grounds), a criminal case is initiated. And then decisions are drawn up and issued.
There is a special form that the investigator needs to fill out and send to the prosecutor. The resolution to initiate a criminal case must contain information:
- The position of the investigator responsible for the production and his full name;
- Where did the documentation come into the possession of the investigator;
- What he established and what he decreed;
- Signature, date.
The document is divided into three parts: introductory, descriptive, and operative. First of all, the name of the document is indicated in the middle, below it is the locality and the time of compilation. Next, the data of the investigator and his full name are recorded. It is indicated why the investigation was launched. The next line is the word “Install”, where it is written down what was installed during the check. The crime committed is described, followed by the word “Resolved,” followed by a detailed list of the decisions made.
Today, a document such as a resolution to initiate a criminal case is issued for every crime committed, including theft, if an audit has confirmed the presence of corpus delicti.
Grounds for initiating criminal proceedings
The only basis for initiating a criminal case is the existence, even formal, of a crime.
It does not matter whether the investigation has a suspect or has yet to be identified. Let us repeat once again - a criminal case is initiated based on the fact, and not against a specific culprit. Involvement as a suspect or accused are separate procedural actions.
The classification of the crime does not matter, because it can later be adjusted.
As a rule, investigators initiate a criminal case under a more serious article, since the transition to a “softer” article does not require the issuance of additional decisions on reclassification.
For example, if a corpse is discovered with signs of violent death, a criminal case will be opened for premeditated murder. If during the investigation it is established that the person was not killed, but was pushed, as a result of which he fell, hit his temple and died, the qualification will be changed.
Sometimes you can come across publications whose authors claim that the grounds for initiating a criminal case are statements, complaints, confessions, etc. This is wrong.
Art. 140 of the Code of Criminal Procedure of the Russian Federation calls statements, complaints, reports and appearances reasons for initiating a criminal case, but not grounds. But the same article calls grounds for initiation only the establishment of signs of a crime, that is, its fact.
Resolution refusing to initiate criminal proceedings
There is also a special sample for a form for refusing to initiate a criminal case. I wonder what
During the study of the collected data, including evidence and testimony of witnesses, a decision may be made to refuse to initiate a criminal case. In this case, therefore, a resolution is also issued, which sets out the reasons why the investigation into the received application will not proceed.
According to Article 148 of the Criminal Code in the Russian Federation, the main argument for refusal is the lack of grounds to start an investigation.
Resolution to refuse to initiate a criminal case: sample
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Sample application to initiate a criminal case as a private prosecution under Part 1 of Art. 115 of the Criminal Code of the Russian Federation
Magistrate of judicial district No. 119 of the judicial district of Chapaevsk, Samara region
446100, Samara region, Chapaevsk, st. Pionerskaya, 1
Private prosecutor: Kolonitsky Dmitry Vladimirovich
, born May 28, 1996,
passport: 36 18 533253, issued by the Main Directorate of the Ministry of Internal Affairs of Russia for the Samara Region on July 13, 2018, department code: 630-006
Registration address: 443034, Samara region, Samara, st. Yeniseiskaya, 37, apt. 116
Address for correspondence: 443080, Samara, Karl Marx Avenue, building 192, office 619, tel. 8-917-151-82-72
Person brought to criminal liability: Full name1
Application to initiate a criminal case
as a private prosecution
On criminal liability for knowingly false denunciation under Art. 306 of the Criminal Code of the Russian Federation warned ___________________________ D.V. Kolonitsky.
On December 29, 2018, FULL NAME1 in relation to me, D.V. Kolonitsky, committed a crime of causing minor harm to my health, causing a short-term health disorder, that is, a crime provided for in Part 1 of Article 115 of the Criminal Code of the Russian Federation, under the following circumstances.
On December 29, 2018, I was in Chapaevsk at the address: st. Lenina, 68, apt. 89. I was there in connection with the upcoming New Year’s corporate party at the Wings cafe at the address: Chapaevsk, st. Makarenko, 16, which was supposed to start at 18:00, where I was supposed to work as a presenter. Also with me in the said apartment was my colleague, presenter Roman Dmitrievich Vorobyov. At approximately 14:00 on this day, the alarm of my red Kia Ceed car, no. O738RU163, went off. In order to check my car, I put on a jacket and Roman Vorobyov and I went out into the entrance, where through the window located in the entrance on the 3rd floor we looked out at the place where I left my car. We saw a man previously unknown to us kicking the front right wheel of my car. I told Roman that I would go outside to find out what was happening. Roman said that he would look out the window since he was not wearing a jacket. After that, I went down to the first floor, left the entrance and, approaching my car, I saw that the roadway was blocked by another car. I called out to the man in question and asked, “What’s the problem?” To this, the man, using obscene language, told me to remove my car from this parking space. I asked him: “Why?” He responded, again using obscene language, telling me to clean my car or he would give me a shovel to clean another parking space for him. I asked: “Is this your place?” He replied: “Yes, this is my place.” At that moment, having caught up with him, I asked: “Where is it written that this is your place?” To which, with the words “Now I’ll show you where it is written that this is my place,” he unexpectedly struck me with the fist of his right hand blow to my face area. From this blow I felt acute physical pain, slipped and fell to the ground on my right shoulder, but did not lose consciousness. Immediately after the fall, I tried to get to my feet, but I didn’t have time, because the indicated man, leaning over me, delivered another blow with his right hand to the left eye area. From this blow, I again felt acute physical pain, turned over with my face towards the ground and saw a large amount of blood pouring from my left eyebrow onto the snow. After that, I rose to my feet and saw that my jacket in the chest area was stained with my blood. At this moment, the man repeated his demand to move my car to another location. After that, fearing that the said man would again use physical violence against me, I headed towards my entrance, went inside and went up to the apartment in which I lived. Entering the apartment, I saw my colleague Roman Vorobyov, who was talking on the phone, as I found out later, with the 112 service. Roman Vorobyov called the police and an ambulance at our residence address. Roman told me that he saw the fight through the window located in the entrance and after that he returned home to call the police and an ambulance. Already in the apartment, my car alarm went off again. Together with Roman Vorobyov, we again went out into the entrance and saw the said man again kicking the wheel of my car. Continuing to observe, we saw how the indicated man approached our entrance and another man unknown to us opened the door to the entrance for him. Fearing further illegal actions on the part of the man, we returned to the apartment and locked the door. This was followed by a knock on the apartment door, which was repeated several times over a long period of time. Fearing that the man in question would cause damage to my car, we called the police again. When there was another knock on the door of our apartment, Roman Vorobyov said that we would not open the door until the police arrived. After some time, a police squad and an ambulance arrived and entered our apartment. I stayed in the apartment with emergency medical workers who provided me with first aid. At this time, a police officer was interviewing the man who injured me. After receiving first aid, I left the entrance and on the way to the car the indicated man called me and offered to talk. Since there were police officers nearby, I agreed to talk to him. During the conversation, the said man offered me 5,000 (five thousand) rubles for reconciliation. I agreed to his proposal. He said that he did not have cash on him and needed to withdraw it from a bank branch. Roman Vorobiev went to the bank in the man’s car. After they left, I called the lawyer, explained the situation that had happened to me and asked whether the compensation he offered was commensurate with his act. The lawyer told me that this amount is extremely small, since his actions may contain signs of a criminal offense under Part 1 of Art. 115 of the Criminal Code of the Russian Federation and invited me not to agree to his offer in the amount of 5,000 (five thousand) rubles. After that, I called Roman Vorobyov and told him not to accept the specified amount. Roman Vorobiev handed over the cell phone to the indicated man. During the conversation, I told the man that the amount of 5,000 (five thousand) rubles did not suit me and offered 30,000 (thirty thousand) rubles for reconciliation. The man refused this offer, which ended our conversation. After that, I went to the hospital in Chapaevsk, located at the address: st. Lenina, 104, to put stitches on my cut eyebrow. After the hospital, I went to the Ministry of Internal Affairs of Russia in Chapaevsk at the address: st. Krasnoarmeyskaya, 16, where I filed a crime report and was questioned by a police officer regarding the incident, after which I was given a referral for a forensic medical examination. By the time the survey was completed, it was around 19:00, as a result of which I was unable to attend the corporate event at which I was supposed to work. In addition, my appearance did not allow me to do my job as a presenter. In connection with this, I lost my earnings in the amount of 14,000 rubles (fourteen thousand rubles). 12/31/2018 from Samara, st. Yeniseiskaya, 37, apt. 116, where I am registered, I went to Chapaevsk to undergo a forensic medical examination.
Later, when reading the inspection materials, I learned that the man who injured me is FULL NAME1
According to the conclusion of expert Tokmakov I.A. No. 10-11/240Ch at Kolonitsky D.V. damage found:
How to appeal a refusal?
Persons who have received a refusal based on their own statement written to the police do not always agree with the investigator’s decision. Citizens who believe that they were unfairly refused to initiate a case and conduct an appropriate investigation can appeal this decision in accordance with Article 78 of the Criminal Code of the Russian Federation.
An appeal against a decision refusing to initiate a criminal case is possible by filing a complaint with the prosecutor's office. It is better to draw up the complaint itself together with a competent person - a lawyer who understands criminal law. This way the chances of changing your decision are higher.
Although you can appeal the decision yourself. To do this, you need to compose a competent complaint according to the sample and send it to the prosecutor, including the phrase: “ I consider this decision to be illegal, unfounded and subject to cancellation for the following reasons.
» Below, based on the articles of the Criminal Code of the Russian Federation, you need to justify your own position.
It is necessary that the text of this complaint be brief and clear, justified and motivated. The text must contain the name of the body to which the document is submitted, the applicant’s full name, the procedural provision and a link to the resolution. It should also contain the applicant’s arguments, indications of the applicant’s rights and requirements from him.
