Samples of applications for reconciliation of the parties and termination of a criminal case to the court from the defendant and the victim

A petition to terminate a criminal case may be submitted by a suspect, accused, defendant, victim, their legal representatives, lawyers and prosecutors both at the stage of preliminary investigation and at the stage of judicial review. Files in .DOC: Form of petition to terminate a criminal caseSample petition to terminate a criminal case

Who can declare reconciliation

According to the law, the injured party can request this. It would seem that everything is simple - if there is a victim in the case, based on his application (petition), a decision can be made to terminate the case. At the same time, he will need to justify his appeal: to what extent the damage was compensated, whether an apology was made, the damage was made up for in another way (for example, assistance was provided in something, etc.).

At the same time, in practice some conflicts arise, which are resolved in each case individually, for example:

A fatal accident has occurred, the victim is dead

In this case, according to the norms of the criminal procedure law, a representative of the victim, one of the relatives, participates in the case. Such a representative has almost all the rights that the victim would have if he were still alive. At the same time, an application from the representative of the deceased for reconciliation with the culprit of the accident may not be satisfied, even in the case of compensation for damage in a fairly large amount.

Example No. 3 . Sergeev P.A., while driving a vehicle, hit a girl at a pedestrian crossing, causing her death. The representative of the deceased, her natural mother, announced reconciliation with the perpetrator in connection with compensation for damages in the amount of one million rubles. At the same time, the girl’s father, questioned during the court hearing, explained that he and his mother had been divorced for several years, during which she had accumulated numerous loans and was now not paying them off. According to the father, the ex-wife, declaring that the harm has been smoothed out, thus wants to solve her financial problems. The court refused reconciliation, the appeals were rejected, and a sentence was imposed in the case.

Let us immediately note that judicial practice is far from uniform in the regions, so in a similar situation the decision may be completely opposite. But the court’s attention to the position of the victim’s representative is always closer than to the actual victim.

Committed violence against a police officer

Example No. 4 . Malicious violator of public order Seroglazov R.D. when he was detained for an administrative offense, he resisted the police and strongly pushed Sergeant P.R. Kozlov, who fell and injured his leg. The case was initiated under Art. 318 of the Criminal Code of the Russian Federation for the use of violence not dangerous to life and health against a police representative. In court, Kozlov stated that he and R.D. Seroglazov. reconciled, asked to stop the case. The court rejected this application, since the crime was directed against state power, with which it was impossible to reconcile. Kozlov P.R., as stated in the resolution, is only a representative of this government, and making amends for the harm caused to him personally from bodily injury does not entail the termination of the criminal case as a whole.

Such decisions almost always remain in force, whereas earlier, about 10 years ago, reconciliation with the victim was often allowed under similar articles.

It happens that social services act as a representative of the victim

This often occurs when children have no parents (for example, a crime was committed against a child from an orphanage) or low-income citizens who do not have a permanent place of residence have no relatives. In such situations, a statement about compensation for damage from government representatives of the victim itself raises doubts - an outsider cannot fully know the depth of the suffering caused and make an objective conclusion about the sufficiency of the amount of harm caused. Typically, courts refuse to satisfy such requests from social service officials.

In what cases is reconciliation of parties in criminal proceedings allowed?

So, the current legislation is formulated in such a way that the accused and the victim are allowed to make peace if the crime is not particularly serious.

In addition, the person involved in the crime must be in trouble with the law for the first time. If he has previously been convicted of illegal actions, then the investigator or judge may not take into account the desire of the parties to reconcile.

Another condition, subject to which a criminal case may be terminated due to reconciliation, is voluntary compensation for the damage caused.

In this case, all evidence (receipts, payment orders) must be attached to the case.

When the stolen property was returned or an equivalent replacement was provided, then you need to have the necessary confirmation from the victim.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 19 years of experience.

According to the law, reconciliation between the victim and the suspect is the basis for closing the case and releasing the person from the penalty prescribed by law. At the same time, it is very important that the fact of achieving peace is recorded in the presence of both parties.

When is it possible to make peace?

If the crime is not associated with too severe consequences for the victim, there is a chance to resolve the matter peacefully. We are talking about fraud for a small amount, petty theft, causing minor harm to health.

The current Criminal Code of the Russian Federation provides for the conditions under which the reconciliation procedure is possible:

The damage is considered to be of minor severity. The criterion is the duration of the imposed punishment. It cannot exceed 6 years of imprisonment; if the code provides for more, reconciliation will not be achieved.
A person commits an illegal act for the first time.
The criminal compensated for the damage to the victim and sincerely repented of his crime.
The victim writes a statement of readiness to stop criminal prosecution.

Hotline for citizen consultations: 8 (800) 200-46-92

Concept

The concept of “reconciliation of the parties” should not be understood as a literal declaration of peace between the participants (victim and accused) of the trial . Those. When submitting a motion to terminate the proceedings, the plaintiff may not even agree with the innocence of the defendant, whom he initially sued.

The reason for the conditional “reconciliation” in this case is the agreement of the accused party to fulfill the demands put forward by the victim, which are much milder than those that would have to be fulfilled if a criminal case had been initiated.

Filing a petition to terminate the case is possible at any stage of the proceedings and is regulated by Articles 25 of the Criminal Procedure Code of the Russian Federation and 76 of the Criminal Code of the Russian Federation.

Info

As practice shows, judicial authorities often refuse to satisfy such applications, since it is more profitable for the police to conduct cases in which the guilty parties are held fully, rather than partially, accountable. Despite the fact that the law provides for the possibility of appealing such a refusal, in practice such cases are extremely rare.

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Conditions for terminating a criminal case upon reconciliation between the accused and the victim

The main criterion is maximum compensation and full compensation for the harm caused. However, in practice, this does not mean that the victim actually forgives the offender - what is important is his willingness to waive further criminal proceedings and accept financial compensation.

The most common option is for the accused to pay an amount for moral damage caused and fully provide treatment for the victim in case of harm to health.

Important: this procedure is not possible in relation to repeat offenders, persons who face a sentence of more than 6 years in prison. The victim is required to express his will in writing, otherwise the case is considered in the general manner.

When considering an appeal, the court examines the circumstances that must be clarified. It is taken into account whether the statement was made or by the victim. If he cannot submit the document, the right is transferred to his legal representative (lawyer, close relative). It is being determined whether the appeal was completely voluntary and not signed under the influence of force or threat. It takes into account how the damage was compensated. Before making a decision, the parties are explained the consequences of completing the procedure.

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