Termination of a criminal case through reconciliation of the parties under Article 115 of the Criminal Code of the Russian Federation

On termination of a criminal case under Art.

with the participation of the state prosecutor - deputy. Prosecutor of the Isaklinsky district Gribov *.*.,

The defendant has no previous convictions, he completely agrees with the prosecution, and does not object to the termination of the criminal case in connection with the reconciliation of the parties.

In accordance with Art. 76 of the Criminal Code of the Russian Federation, a person who has committed a crime of minor or moderate gravity for the first time may be released from liability if he has reconciled with the victim and made amends for the harm caused to the victim. Under established circumstances, grounds for refusing to satisfy the victim’s request to terminate the criminal case against Kulikov *.*. in connection with the reconciliation of the parties are absent. The prosecutor's indictment under Article 111 of the Criminal Code of the Russian Federation? A copy of this resolution should be sent to the defendant, the victim, and the prosecutor of the Isaklinsky district.

Conditions for terminating a criminal case due to reconciliation of the parties

Over my many years of legal practice, I have participated in the termination of more than a hundred criminal cases due to the reconciliation of the parties in court. The court refused me only once, when the defendant was accused of committing three crimes. In most cases, reconciliation is beneficial and simple for the defendant. It is enough to comply with several conditions for terminating a criminal case in connection with the reconciliation of the parties :

1. The defendant must reconcile and make amends for the harm caused to the victim (pay money, return stolen property, fix what is broken, apologize, etc.);
2. The defendant, who has no criminal record, must be accused of committing a crime for which a penalty of no more than 5 years of imprisonment is provided (exception: reckless crimes with a penalty of more than 3 years of imprisonment, for example, cases related to road accidents);
3. The victim must come to the court with a passport and submit a written application with a request to terminate the criminal case in connection with the reconciliation of the parties (exceptions are possible only after an agreement with the judge, for example, that the victim will fill out this application in advance with a notary for subsequent submission to the court);

Advantages for the defendant:

1. No criminal record (does not prevent you from getting a decent job and taking out a loan);
2. The opportunity through negotiations to reduce the claims of the victim, who often agrees to a “bird in the hand” instead of a large sum of money in a court verdict (which is not yet a fact that it will be possible to fulfill in terms of collection).

Minuses:

1. Termination of the case for reconciliation of the parties is not a rehabilitative basis. Those. after reconciliation, the person does not become innocent and does not have the right to demand any compensation in connection with this criminal case;
2. This fact of the biography will certainly interfere with applying for a job in departments such as the FSB or the Ministry of Internal Affairs (since the records still reflect the information that the defendant was prosecuted, but the criminal case was dropped due to the reconciliation of the parties).

In addition, the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 19 provides clarifications regarding the conditions for exemption from criminal liability (reconciliation of the person who committed the crime with the victim and making amends for the harm caused to him) and indicates that when resolving the issue of exemption from criminal liability, courts should also take into account “the specific circumstances of the criminal case, including the features and number of objects of criminal assault, their priority, the presence of a freely expressed will of the victim, a change in the degree of public danger of the person who committed the crime, after making amends for the harm and reconciliation with the victim, the identity of the person who committed the crime, mitigating and aggravating circumstances punishment".

In the termination of a criminal case due to the reconciliation of the parties, there are other professional secrets that additionally affect success, which I prefer to keep secret.

If you, your relatives or friends need the termination of a criminal case for reconciliation of the parties, call me, I will do everything possible: I will conduct successful negotiations with the victim, I will represent your interests in court. Lawyer Alexander Vladimirovich Leontyev contact tel. 89031733001

Termination of a criminal case in connection with the reconciliation of the parties, if all conditions are met, is, in my opinion, an obligation, not a right of the court. I present my arguments about this in a separate article.

The duty of the court to terminate a criminal case in connection with the reconciliation of the parties

Reconciliation of parties in a criminal case

One of the most common methods is reconciliation. Reconciliation of the parties in criminal proceedings solves the problem of criminal prosecution of those persons whose behavior no longer poses a danger to society, and the subject of the dispute and conflict is resolved jointly with the injured party.

The procedural procedure for reconciliation of the parties occurs in several stages:

All criminal offenses are divided into crimes of private prosecution, public prosecution and private-public prosecution. When several persons were involved in a crime, the judge can release from criminal liability only those who have compensated for the damage upon reconciliation of the parties. If at the investigation stage the parties were refused to reconcile the parties and terminate the criminal case, they have the right to re-file a petition in court.

Is it possible to reconcile the parties?

In fact, it doesn’t matter at what stage, but still there is less worry. Or perhaps there is something to fight for, so that you are not subsequently subjected to criminal prosecution and termination of the case on non-rehabilitative grounds.

They returned it for some reason. Perhaps they will stop at the investigation stage.

In accordance with Art. 25 of the 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 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 Art.

76 of the Criminal Code of the Russian Federation, if this person has reconciled with the victim and made amends for the harm caused to him. as a result of a quarrel, a mild blow to the head was struck with a cup without any consequences for health; the wife did not want to write a statement, but she was forced; 115.2 the prosecutor’s office returned the case for further investigation, is reconciliation possible at this stage?

the case was returned by the prosecutor's office for further investigation Nikolai Alekseevich

Reconciliation under Article 112

Good afternoon. It's OK. The main thing is to collect all the receipts, prepare a calculation of damages, i.e. the cost of gasoline for a trip to court, to the investigator, etc., the cost of treatment and medications. After this, you go to court with a claim for damages, there you ask for compensation for material damage by checks, and plus moral damage from the crime in the range from 50 thousand rubles to 500 thousand rubles. The judge will, of course, reduce your amount, but you will still receive compensation.

In my experience, I received from 50 to 150 for average harm, i.e., like you.

Termination of a criminal case through reconciliation of the parties is possible only with compensation for damage. Since in practice the case is dismissed in court, it is better to agree on reconciliation in advance and pay the money immediately before the hearing; the victim will immediately write a statement of reconciliation

Hello! Yes, they are included in the database of the Central Internal Affairs Directorate, since reconciliation of the parties is not a rehabilitative basis. Until the case is transferred to court, the case will not be stopped (INVESTIGATION STATISTICS) In court, stop and hand over the money.

Good luck. I want to work in the Ministry of Emergency Situations, but I was prosecuted under Article 112, but after reconciliation of the parties, the case will be closed. Can I work there? Firefighter.

Termination of a criminal case under Article 115 of the Criminal Code of the Russian Federation (Resolution)

The preliminary investigation authorities accuse S.S.V. of intentionally causing minor harm to health, causing a short-term health disorder, under the following circumstances.

accused of committing a crime under Part 1 of Art. 115 of the Criminal Code of the Russian Federation,

According to Art. 25 of the Code of Criminal Procedure of the Russian Federation, the court has the right, on the basis of an application 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 Art.

76 of the Criminal Code of the Russian Federation, if this person has reconciled with the victim and made amends for the harm caused to him. On the termination of the criminal case in connection with the reconciliation of the parties with the participation of the public prosecutor - Deputy Tagansky Interdistrict Prosecutor Bokova D.V., the victim minor S.E.S. and her legal representative S.S.P.,

When is it possible to reconcile the parties in a criminal case?

The criminal process aims not only to punish the guilty person, but also to protect the victim and restore his rights. Accordingly, the court, when assigning punishment, must take into account the opinion of the victim. In some cases, the victim can play an extremely important role in the criminal process. As follows from Article 76 of the Criminal Code of the Russian Federation and Article 25 of the Code of Criminal Procedure of the Russian Federation, if a crime of minor or moderate gravity was committed for the first time and the parties have reconciled, the investigator (inquirer) or the court has the right to terminate the criminal case. The Plenum of the Supreme Court of the Russian Federation in Resolution No. 19 of June 27, 2013 “On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability” brings greater certainty and clarifies that exemption from criminal liability under Article 76 of the Criminal Code of the Russian Federation is possible in case of reconciliation of the parties and if the guilty person made amends for the harm caused to the victims. When resolving the issue of exemption from criminal liability, courts should also take into account the specific circumstances of the criminal case, including the characteristics and number of objects of criminal assault, their priority, the presence of the freely expressed will of the victim, the change in the degree of public danger of the person who committed the crime, after making amends for the harm and reconciliation with the victim , the identity of the person who committed the crime, circumstances mitigating and aggravating the punishment (clause 9).

The conditions that the termination of a criminal case in connection with the reconciliation of the parties is possible only when committing a crime of minor or medium gravity for the first time has repeatedly been the subject of appeals to the Constitutional Court on the grounds that it puts persons, for example, those with a criminal record, in a worse position. In such cases, the Constitutional Court states that the legislator, when establishing the category of persons and crimes in respect of which a criminal case can be terminated, proceeds from the principle of differentiation and individualization of criminal liability, therefore, the provision of such a privilege in itself is not unfair (Determination of the Constitutional Court dated 19.10 .2010 No. 1385-О-О, Determination of the Constitutional Court dated 16.17.2013 No. 1225-О-О, etc.).

However, in judicial practice, controversial issues often arise regarding whether

the court terminates the criminal case in connection with the reconciliation of the parties if all the grounds provided for by law are present. Based on the literal interpretation of the law, this issue is entirely at the discretion of the court. However, judicial practice took a different path. The Supreme Court of the Russian Federation stated that if the victim petitions to terminate the criminal case in connection with the reconciliation of the parties and he has been compensated or made amends for the harm caused, the court is obliged to terminate the criminal case (Determination of the ACS dated March 14, 2019 No. 69-UD19-3).

The same position was formulated more carefully by the Constitutional Court of the Russian Federation: the legislation provides for the possibility of releasing a person from criminal liability in connection with the reconciliation of the parties, and not the obligation of the court to do this. However, this does not mean that this issue will be arbitrarily resolved by the court. When making a decision, in any case, the type of criminal prosecution, the characteristics of the object of the criminal attack, the presence of a freely expressed and not coerced will of the victim whose right protected by criminal law was violated as a result of the crime, a change in the degree of public danger of the act after reparation for the harm, the identity of the victim must be taken into account. suspect, accused, circumstances mitigating and aggravating responsibility, etc.

This position seems appropriate. Punishment itself should not be the sole and primary purpose of criminal prosecution, especially if the harm was caused to private interests and can be compensated. It is also important that in this case, a person who has committed a crime for the first time can understand that the state encourages those who lead a law-abiding lifestyle and voluntarily bear responsibility for their actions.

Termination of a criminal case due to reconciliation of the parties

At the time of the commission of the crime, the perpetrator must not have previously been convicted. The fact is that the law provides “a benefit in the form of termination of the case only for citizens brought to criminal responsibility for the first time.

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.

Compensation for the damage caused to me by Borisov A.I. is confirmed by a bank transfer receipt on case sheet No. 200, volume 2. Criminal prosecution does not always end with a verdict and punishment, even if the defendant’s guilt is indisputably established. For those who have stumbled for the first time and truly regret what happened, the legislator provides for the possibility of terminating the criminal case through reconciliation of the parties. In what cases is this permissible and what conditions must be met, read here. Borisov A.I. completely made amends for the harm caused to me in the amount of 15,000 rubles and apologized. I have no complaints against Borisov A.I., I ask the court to dismiss the case for reconciliation of the parties. The first case concerns cases of private prosecution and is regulated by Art. 20 Code of Criminal Procedure of the Russian Federation. It turns out that even if you, or one of your loved ones, “stumbled and a criminal case was initiated against you, the law in some cases provides for a real opportunity to avoid criminal liability, and, consequently, criminal punishment.

With such an introductory situation, Konstantin turned for legal help. In this article, using the example of a criminal case from my legal practice under Part 1 of Art. 119 of the Criminal Code of the Russian Federation, I want to consider the issues of building a line of defense based on the principle “the best defense is an attack.” I’ll immediately make a reservation that defense tactics in relation to each case need to be worked out thoroughly, based on the circumstances of the incident, the available evidence, as well as the goals set; accordingly, this principle is not suitable for every case. Termination of a criminal case on rehabilitative grounds - what is it? From the case materials it follows that a criminal case at the request of the victim, FULL NAME7, was initiated under Article 115 Part 1 of the Criminal Code of the Russian Federation and. O. investigator of the State Duma Department of Internal Affairs for the Dobrovsky district.

Contrary to the requirements of the law, the resolution to initiate a criminal case does not provide the reasons for making this decision by the inquiry body, since the grounds provided for in Article 20, Part 4 of the Criminal Code of the Russian Federation are not indicated. KOCHETKOV ANTON ALEXANDROVICH, previously unconvicted, accused of committing crimes under Article 115, Part 1 of the Criminal Code of the Russian Federation and Article 111, Part 3 of the Criminal Code of the Russian Federation, State Prosecutor - Deputy Prosecutor Gobuzov *.*. spoke out against granting the petitions. Physical evidence: return the wooden abacus to the convenience store of Pavlovsk RAIPO, located in, for further use.

What is the real outcome of the trial under Art.

Filed a claim for exc. criminal case of private prosecution under Article 115 Part 1. and compensation for loss of wages and moral damage.

There is a police decree on hand, which also describes his actions in his own words. that he hit me, that I lost consciousness.

Result: 22 days of sick leave, concussion and soft tissue bruise of the head.

On the same day, a police report was filed and a hospital visit was made. A medical examination was carried out in court, where it was established that minor harm to health was caused. Termination of a criminal case in connection with the reconciliation of the parties is possible at any stage of the criminal process, but before the court retires to the deliberation room. The legislation provides for the termination of a criminal case in connection with the reconciliation of the parties in cases of private prosecution, including Art. 115 of the Criminal Code of the Russian Federation.

Is it possible to terminate the case under Art.

shall be punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to three years. Application to the police under Article 325 of the Criminal Code of the Russian Federation? Termination of criminal prosecution on the grounds specified in paragraphs 3 and 6 of the first part of Article 24, Articles 25, 28 and 28.1 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.

Criminal prosecution against a suspect or accused is terminated on the following grounds: 2. Intentional and careless acts for which the maximum punishment provided for by this Code does not exceed three years of imprisonment are recognized as crimes of minor gravity.

Article 25. Termination of a criminal case in connection with reconciliation of the parties [Criminal Procedure Code of the Russian Federation][Chapter 4][Article 25]

Court verdict on h

DD. MM. YYYYy. at about 1 o'clock Lyzhin, being on, acting from hooligan motives, expressing obvious disrespect for society and neglecting generally accepted norms of behavior in society, in the presence of strangers, beat up a previously unknown person, FULL NAME5, striking him with a hammer in the area of ​​the head and body, causing harm to the victim from hooligan motives - bodily injury that caused slight harm to health on the basis of a short-term health disorder, which did not result in a short-term health disorder and did not cause harm to health.

According to the expert's conclusion, FULL NAME5, bodily harm was caused in the form. (ld. 115-118).

Lyzhin's guilt in committing the above crime is confirmed by the totality of evidence examined by the court. Based on the aforesaid and guided by Article. Art.

25, 254 of the Code of Criminal Procedure of the Russian Federation, the court. Defendant Lyzhin also asked to terminate the criminal case for reconciliation with the victim.

Reconciliation of the parties

1. the citizen committed a crime for the first time;
2. the unlawful act is of minor or moderate gravity;
3. the accused reconciled with the victim and compensated for the damage.

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.

• Full name and position of the department employee;
• your full name, address and telephone number;
• grounds for termination of a criminal case (by reconciliation of the parties, due to the absence of claims against the accused);
• links to regulations;
• signature and date.

A person can be considered convicted only if a court verdict is convicted and a punishment is imposed. Defendants rarely object. However, this happens. The reason is the impossibility of rehabilitation.

Reconciliation of the parties under Art.

reconciliation is not a rehabilitative basis, the basis will somehow be sloppy

The examination was carried out. The interrogator says that there will be part 112,

The examination was carried out. The investigator says that there will be part 112, don’t take a lawyer, the case will be dismissed in court. Hard to believe. The case is under investigation. The victim did not file a statement, but wrote a receipt stating that he had no claims and that moral and physical damage was fully compensated. The district police officer continues to investigate

So you don’t need to write a receipt that your jaw was broken, and I have no complaints! Has the examination already been carried out? Otherwise, it’s not clear with a broken jaw: it can be from mild to severe! Are you excited by the fact or by a specific person? If your criminal record is expunged, then reconciliation is possible; if it is not expunged, then the case cannot be closed through reconciliation of the parties.

According to Article 76 of the Criminal Code of the Russian Federation, a person who has committed a crime of minor or moderate gravity for the first time may be released from criminal liability. Article 112 of the Criminal Code of the Russian Federation fits the conditions of Article 76 of the Criminal Code of the Russian Federation, since part 1 of article 112 of the Criminal Code of the Russian Federation refers to crimes of minor gravity, and part 2 of article 112 of the Criminal Code of the Russian Federation refers to crimes of medium gravity. shall be punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to three years. I am a victim of Article 112 Part 1 can be reclassified as Part 2 as a person in a helpless state since I was drunk at that time. I had drunk enough about 5 vodka. What punishment is provided for damaging someone else's property? Your question: a man deliberately broke a window. in the presence of me and the witness. what punishment will he receive? Is it obligatory to restore? how to achieve... Based on this fact, a criminal case was initiated against Ivan under paragraph 3 of Part 2 of Art. 112 of the Criminal Code of the Russian Federation - intentional infliction of moderate harm to health, with the use of a weapon, after which the latter acquired the status of a suspect. The reason for prescribing a forensic psychological and psychiatric examination is the behavior of the suspect/accused when committing the incriminated act: unexpectedness of actions, the appearance of previously unusual forms of behavior, as well as data on the conflict situation before the event.

Having examined the case materials, taking into account the opinions of the parties, the court comes to the conclusion that the petition to terminate the criminal case against Pershin *.*. subject to satisfaction for the following reasons. Terminate the criminal case against the full name of the person accused of committing a crime under Art. 112, Part 2, Clause “d of the Criminal Code of the Russian Federation, on the grounds provided for in Art. 25 of the Code of Criminal Procedure of the Russian Federation, in connection with the reconciliation of the parties.

Termination of a criminal case under h

In this article, using the example of a criminal case from my legal practice under Part 1 of Art. 119 of the Criminal Code of the Russian Federation, I want to consider the issues of building a line of defense based on the principle “the best defense is an attack.” I’ll immediately make a reservation that defense tactics in relation to each case need to be worked out thoroughly, based on the circumstances of the incident, the available evidence, as well as the goals set; accordingly, this principle is not suitable for every case.

These injuries to Konstantin were duly certified, and by the time the criminal case was sent for additional investigation, a forensic medical examination was ready, which showed that the severity of the harm caused to Konstantin’s health as a result of Semyon’s actions was assessed as minor harm to health. Accordingly, a criminal case could already be initiated against Semyon under Part 1 of Art. 115 of the Criminal Code of the Russian Federation, which is a criminal case of private prosecution (initiated by submitting an appropriate application to the magistrate).

After this, the idea arose to switch from defense to attack.

At the beginning of the article it was said that after the sword was knocked out of Konstantin’s hands, he suffered bodily injuries, and the nature of their infliction indicated that Semyon’s actions could not be justified by the necessary defense or its excess. Initially, the line of defense in the case described was based on proving the absence of the subjective side of the crime, as well as the lack of proof of the reality of the perception of a threat to the victim. The criminal case was returned by the prosecutor for additional investigation, and the case became protracted. With such an introductory situation, Konstantin turned for legal help.

On termination of proceedings in the case under Part

Thus, Martynov *.*. was accused of committing a crime under Part 1 of Art. 162 of the Criminal Code of the Russian Federation, namely robbery, that is, an attack for the purpose of stealing someone else’s property, committed with the use of violence dangerous to health.

The preventive measure, recognizance not to leave the place and proper behavior, cancel.

Physical evidence: the Motorola BX 395 cell phone with a SIM card, which is in the custody of S., is to be transferred to him for use and disposal; cash receipts, sales receipts, warranty card, list of calls from client S., stored with the materials of the criminal case, keep with the materials of the criminal case. A copy of this resolution should be sent to: Martynov *.*., S., prosecutor, defense attorney. At the court hearing, the victim S. stated that the full name of Martynov *.*. was responsible, since the harm caused to him by the crime had been made up in full, an apology had been made, he had no claims against the defendant, and during the judicial debate he petitioned for the termination of this case in connection with reconciliation.

Lawyers Uporov Igor Nikolaevich and Igolkina I

As lawyer's experience shows, it is very difficult for a person who has nothing to do with legal work to correctly draw up a statement, describe the event of a crime, the place, time, circumstances of its commission and independently represent his interests in the magistrate's court.

If at least one of these conditions is not present, then the court cannot make a decision to terminate the criminal case, and therefore there will be no release of the person from criminal liability.

The legislator has established an exhaustive list of requirements necessary to terminate a criminal case: bringing a person to criminal responsibility for the first time; the person has committed a crime of minor or medium gravity; mandatory reconciliation with the victim; making amends for the harm caused to the victim (compensation for material or moral damage, absence of claims from the victim). Rehabilitation means that an innocent person who did not commit the specified acts was subjected to criminal prosecution. When a criminal case is terminated due to the abandonment of charges, information about the termination of the case is sent to the Information Center of the Central Internal Affairs Directorate and it is considered that the citizen was not prosecuted. And according to this scheme, law enforcement agencies and justices of the peace drove the victim 5 (five) times.

Tired of endless refusals and wasted time, he turned to lawyers Uporov I. for help. The procedure for initiating a criminal case under Article 315 of the Criminal Code? N. and Igolkina I. A., *** year of birth, native ***, citizen ***, *** education, ***, working ***, registered and residing at the address: ***, not criminal record (information is verified), in accordance with Part 2 of Art. 20 of the Code of Criminal Procedure of the Russian Federation, criminal cases of crimes under Art. Art. 115 part 1, 116 part 1, 129 part 1 and 130 of the Criminal Code of the Russian Federation are considered criminal cases of private prosecution, initiated only at the request of the victim, his legal representative, with the exception of cases provided for in part 4 of Art.

20 of the Code of Criminal Procedure of the Russian Federation, and are subject to termination in connection with the reconciliation of the victim with the accused. Reconciliation is allowed before the court retires to the deliberation room to pronounce the verdict.

Read other articles on the site:

• To obtain a Schengen visa you will need to submit
• In order to ensure the safety of the witness, his interrogation is carried out
• Sample store inspection report for the police after theft
• Refusal to initiate a criminal case under Article 175 of the Criminal Code of the Russian Federation
• Application to the prosecutor's office for tax evasion

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

Lawyer under 112 uk

Self-defense from attack! File a counterclaim and win in court! The best defense is an attack from a pre-emptive nuclear strike! This is what the American strategy for waging modern wars teaches, and the same should be applied in modern fights!

Yes, it all depends on specific people. The matter can be brought to court. It’s best for them to go to different apartments. Once it comes to a fight, murder is next in line. don't forget about the third party: the woman he lives with. She is in charge in this matter.

Ask casually whether the lawyer had to, under Art. 162 of the Criminal Code of the Russian Federation to participate in cases similar to yours, and how many of them resulted in moderate harm to health, is covered by robbery and additional qualifications under Art. Art. 115 or 112 of the Criminal Code is not required. A criminal case has been opened under Article 112 of the Criminal Code of the Russian Federation and the parties agree to reconciliation, write a statement to terminate the criminal case in connection with reconciliation, if they do not terminate it during the investigation, apply again in court. Knowledge of the essence of the case + the ability to connect everything into a logical chain + the ability to draw the proper conclusions from this chain + the ability to speak - you don’t need a lawyer, because no one will defend you as zealously as you do yourself. In addition, the accused must eliminate the harm caused by the crime, while the method and amount of compensation for damage is determined by the victim (clause 10 of the Supreme Court Resolution No. 19). IMPORTANT!

If it is decided to resort to the help of a mediator or the parties to the dispute are already participating in the conciliation procedure, this is not an obstacle to filing a claim in court (Part 3 of Article 7 of the Federal Law No. 193-FZ). One of these non-rehabilitative grounds (in this case, the fact that a crime was committed by a specific person must be proven in any case) is the termination of a criminal case in connection with the reconciliation of the parties. Here is a small example: Three people are standing on the street, drinking alcohol, a conflict arises between the two, as a result of which one of the drinkers pushes his drinking buddy in the chest, causing the latter to fall on his back and, when falling, hit his head on the curb, as a result of which the fallen person receives serious harm to his health.

Read other articles on the site:

• Why in different historical eras the production of counterfeit money
• Units for combating economic crimes and corruption
• Questioning of witnesses in a court hearing in civil proceedings
• Intentional infliction of less serious bodily injury Article 149
• Witnesses are removed from the courtroom after or before their interrogation

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

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