How to withdraw a statement from the police

People often ask questions on the Internet and on forums about how to withdraw a statement from the police and whether it can be done at all. There are different opinions here. When I was looking for information on this topic, I had to turn over more than one textbook and more than one article, and it turned out that the widespread interpretation of the current legislation that it is still possible to pick up a document is erroneous.

Let's look at how to actually act if there is no longer a need to bring the perpetrator to justice and the victim would like to withdraw the previously filed appeal. As it turned out, this is not at all easy to do, and in some cases it is not possible.

Is it possible to pick it up from the police?

Citizens' statements about illegal acts are subject to strict accounting and are registered in the Crime Registration Book. And the victim is given a ticket with a number and date. Law enforcement cannot unilaterally cancel an application, even with the consent of the victim. This violates the Instruction of the Ministry of Internal Affairs of the Russian Federation dated No. 736.

The victim also does not have the right to withdraw a registered complaint, since it must be verified and a decision must be made to refuse or initiate proceedings.

However, in some cases it is still possible to withdraw an application:

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there was no crime. For example, after the guests left, the owner could not find an expensive item, thought that it had been stolen, wrote a statement, but then found it. He may submit appropriate explanations with a request not to initiate a criminal case;
The parties have reconciled and have no claims against each other. It is not possible to terminate the case in every case. If a serious crime has been committed or a minor has been injured, the case will not be closed. But when the guilty person has fully compensated for the damage and made amends, the case is dropped;
low significance of the crime or absence of an article - if items of little material value were stolen.

Rules, withdrawal procedure

Art. 76 of the Criminal Code states that when committing crimes of minor or medium gravity, the offender can be released from criminal prosecution on the basis of reconciliation of the parties.

In this case, the guilty person must fully compensate for the harm caused to the injured party.

Art. 25 of the Code of Criminal Procedure determines that termination of an initiated criminal case is possible on the grounds specified in Art. 76.

It is impossible to cancel the consideration of a case of beatings if the accused or suspect himself protests against it. In this case, the investigation continues as usual.

The algorithm of actions when revoking a document is as follows:

Appear at the police station to which the complaint was filed.
Write a refusal of a previously submitted document. The refusal is written in the name of the head of the site, or in the name of the employee supervising the case.
In the refusal, indicate the circumstances of the case , the reasons for canceling the previously made decision. When indicating the reasons for withdrawing an application, only reliable facts should be cited.
Receive a decision on the revocation of a previously written document.

The final decision on whether to accept a review or not rests with the authorized persons. Thus, if there are suspicions regarding pressure being exerted on the injured party, a decision may be made to refuse to revoke the original document in order to transfer the case to court.

How to refuse evidence that has already been submitted

If a person involved in a criminal case or a witness has already given evidence, it is almost impossible to refuse words. In addition, if you give new testimony that differs from previously given data, then there is a high risk of criminal prosecution. However, there are several cases when this can still be done:

the investigator did not explain the right not to testify against relatives, and the case materials do not contain a signature from the interviewee. This is a significant violation that makes the interrogation illegal;
the interrogation was conducted without a lawyer, which is a gross violation of the rights guaranteed by the Constitution of the Russian Federation. Typically, this basis is relevant only for the suspect, since the defense attorney must fully represent his interests during the investigation. In this case, the client has the right to refuse the appointed lawyer and demand to invite another;
the investigator did not familiarize him with the decision to recognize him as an accused or suspect and conducted an interrogation. Thus, he violated the citizen's right to know what exactly he was accused of;
there was coercion on the part of law enforcement officers to testify. It does not matter whether there was physical or moral coercion; it is enough to write a statement about the pressure exerted and, on this basis, refuse the testimony.

Is it always possible to cancel an application?

The application can be canceled only in a few cases, for example, when the parties have reconciled. However, on this basis, only those cases that relate to crimes of minor gravity can be terminated.

Note!
If there is no corpus delicti, the case may be terminated by the investigator at the stage of interviewing the parties to the case. The applicant may also provide explanations and file a motion to terminate the proceedings.

Can an examination be refused?

Medical organizations have the right to refuse to relieve a citizen of beatings in the absence of a referral from the police. But institutions cannot fail to provide the required medical care. That is, if the victim is diagnosed or treated, all his injuries will be recorded without fail.

If the person is not given a certificate with information about injuries, law enforcement agencies have the right to subsequently request it - in this case, the medical institution cannot refuse. Independent access to forensic experts is possible only on a paid basis .

If you wish to receive a service free of charge, the injured citizen (or his authorized representative) is recommended to first write a statement to the police. In this case, the examination procedure is completely free.

How to write a refusal of an application if there is no crime

Such applications are submitted hastily, for example, the owner left the car in the wrong place and it was taken away by a tow truck. Not finding the car upon return, the owner filed a report of the theft, but then received a receipt or a copy of the fine and learned that the car was in the impound lot.

In this situation, there is no corpus delicti - there was no theft. Therefore, a citizen should contact the police department with a statement in which he describes the circumstances of the incident and asks not to initiate a criminal case. If the case has already been initiated, submit a petition to the investigator with a request to terminate the criminal case.

How to draw up a petition to terminate a criminal case or refuse to initiate it

As previously stated, a separate application must be filed to terminate or refuse to initiate an open case. When writing it, you must follow the following rules:

the application is addressed to the head of the police department where the district police officer who receives it serves;
the description indicates the circumstances in connection with which, in the opinion of the victim, the case may be terminated or not initiated;
It is also imperative to indicate a link to specific articles of the Code of Criminal Procedure in connection with which such a development of events may occur.

Important! Thus, if a beating has been recorded that is classified as mild or moderate, the criminal case against the culprit may be terminated, but only when he does not have an active criminal record. Otherwise, if the beating and infliction of injuries led to more serious consequences, then returning the application is out of the question.

How to write a refusal of an application if there was a reconciliation of the parties

Reconciliation of the parties is a sufficient basis for refusing an application already submitted. But only if the crime is not classified as serious. At the pre-investigation stage, cases of private-public accusations are terminated. For example, in case of violation of copyright and related rights. Cases of private prosecution are also terminated at the request of the applicant: slander, beatings of mild severity, if there are no aggravating circumstances, as well as minor victims.

Note!
The refusal of the application is written in free form, stating the reasons and the absence of claims against the other party. The investigator considers the received petition and makes a decision to terminate the case or refuse.

When necessary

Is it possible to withdraw a statement from the police? Yes, such a possibility exists. There are several reasons why the task is being carried out. There aren't too many of them.

Firstly, a statement is withdrawn from the police when the culprit and the victim have reached an amicable agreement. Or the damage caused has already been fully compensated.

Secondly, you can withdraw your complaint if it turns out that no crime took place at all. In this case, the applicant usually runs the risk of falling under the article “Slander”.

Thirdly, an unofficial and illegal option in which people think about how to withdraw a statement from the police is intimidation or threats against the victim.

How long does it take to withdraw an application?

There are no deadlines as such, but it is advisable to write a statement before initiating a criminal case. In accordance with the law, within 30 days the investigator or district police officer is required to conduct an investigation into the complaint of the victim. In this case, the police officer will interrogate both sides of the conflict and, based on the results of the interview, will draw up an explanation. At this stage, the victim can submit an application with a request to stop the inspection due to the absence of claims against the other party.

If the case has already been initiated, you can apply to dismiss the case at any stage. However, in this case, the investigator may refuse to dismiss the case and the parties will be able to reconcile only during the court hearing.

Reasons for withdrawing an application

No claims against the other party. The decision is made by the investigator at his discretion.
There is no crime or criminal act. The initiator can be not only the applicant, but also the police, the accused, and witnesses.
The application is withdrawn because another one is submitted. It is possible in situations where the circumstances are stated incorrectly or, instead of an administrative offense, a more severe punishment is provided for the act under the Criminal Code of the Russian Federation.

Is it possible to remove traces of a beating in an emergency room or hospital without an application?

After receiving bodily injuries, a citizen has the right to record them in 2 ways:

Contact a medical facility for medical assistance and relief from beatings before filing a statement with the police.
During the examination, the injuries will be reflected in the document - on its basis, the person applies to law enforcement agencies to open a case. The police give the citizen a referral for a forensic medical examination, based on the conclusion of which the culprit is brought to justice.
Immediately submit a statement to law enforcement agencies. The police send the citizen to undergo a forensic examination - its conclusion becomes the basis for initiating a case and imposing sanctions on the culprit.

Both options are legal, so filming a beating is allowed without a referral from the police. It is necessary for a free forensic examination. The latter can make a conclusion based on examinations conducted in other organizations (hospital, emergency room, private clinic).

Attention ! According to Federal Law No. 323 of November 21, 2011 (Article 11, , ), state medical institutions must provide citizens with the necessary free medical care in the prescribed volume, but if it is unnecessary, they are not required to conduct an examination of beatings.

This is carried out either on a paid basis or free of charge in the direction of the authorized body (police).

A citizen has the right to contact the Bureau of Forensic Medicine independently , without filing a statement with the police - this is especially advisable for injuries, the fixation of which requires special equipment (hematomas, abrasions, internal bruises, and so on). But in this case the service is provided for a fee.

It is recommended to save receipts for subsequent deduction of costs from the culprit of the incident.

General information about removing beatings is given in this useful video:

Is it possible to recover damages?

Imposition of liability on the culprit for causing minor injuries is possible only upon the application of the victim sent to law enforcement agencies.

The case is opened on the basis of Art. 6.1.1 Code of Administrative Offenses and Art. 115, 116 of the Criminal Code of the Russian Federation . In this case, the legislation takes measures against the attacker only with the consent and on the initiative of the injured citizen.

In case of beatings referred to in Art. 111, 112, 113, 117 of the Criminal Code of the Russian Federation, it is not necessary to submit a statement from the victim, since information about the crime is received by law enforcement from third parties, medical institutions, ambulances, and so on.

The case is opened automatically, including without the initiative of the injured citizen. If the beatings are correctly recorded before filing the application (including for a fee), the document has the same legal force as examinations carried out at the direction of the police. That is, the culprit is held accountable.

Attention ! In addition to recording the beatings, it is necessary to prove that they were committed by a specific person. For this purpose, audio and video recordings and witness testimony are used. Such evidence is also necessary in cases where the injuries could not be removed (they are minor, time was lost, and so on).

Consequences

If the application was submitted with the aim of discrediting another citizen or slandering him, there is a risk that the investigator will initiate a criminal case against the applicant under Art. 306 of the Criminal Code of the Russian Federation “Knowingly false denunciation.” Depending on the circumstances set out in the application, as well as the article under which the charge was brought, the court may impose punishment not only in the form of a fine, but also imprisonment for up to 2 years.

Also, based on a refused application, a criminal case may be initiated under Art. 128 of the Criminal Code of the Russian Federation “Slander”. Punishment may be imposed in the form of a fine or correctional labor.

Not for everything

There is one more point that is worth considering. The thing is that it is not always possible to withdraw a written complaint. Much depends not only on your motive for action, but also on the nature of the violation committed.

That is, the more serious the crime, the less likely it is to withdraw a statement from the police (about fraud, assault, theft, and so on). Consider this before you complain about someone. It is recommended to first make sure that a crime has taken place and that a specific person is to blame. Only then do you need to draw up a corresponding application. This way you can once again be safe from negative consequences.

Revocation Application

There is no single application form that allows you to cancel a complaint of beatings before a criminal case is initiated. However, the document must contain the following information:

Full name and position of the boss to whom the appeal is addressed;
Full name, address and telephone number of the citizen drawing up the document;
the name of the document is “Application”;
a request to cancel a previously submitted appeal (the date of filing the initial appeal, a description of the event that occurred, and the rationale for changing your decision are indicated here);
date and signature of the originator.

Sample refusal of a previously submitted application.