In life, there are times when you have to turn to law enforcement agencies with a statement to initiate a criminal case. Sometimes it happens that statements are written without a proper assessment of the event (under the influence of emotions, as a result of delusion), or after writing it, reconciliation with the offender occurs. In such situations, the question arises of how to refuse to initiate a criminal case.
Instructions
Step 1
For the correct solution of such a problem, it is necessary to know that, according to the Criminal Procedure Code of the Russian Federation, all crimes are divided into cases of private, private-public and public prosecution. Cases of private-public and public prosecution are initiated on the basis of applications (messages) of the victims, and refusal in this case is possible only after a procedural check. Such a decision is made by the investigator if he comes to the conclusion that there are no signs of corpus delicti. Cases of private accusation (such as insult, slander, beatings, infliction of slight harm to health) are initiated only if there is a statement from the victim, and can be terminated in connection with the reconciliation of the parties. The main thing is that reconciliation occurs before the court makes a decision on the case in the first instance (on the merits).
Step 2
In order to refuse to initiate a criminal case, the victim must write a corresponding statement about this, which must be submitted to the preliminary investigation body. It indicates the circumstances that caused such a refusal. After accepting the application, the investigator (court) refuses to initiate a criminal case.
Step 3
Refusal to initiate a criminal case is the result of a procedural check on a crime report. The decisive moment here is the victim's desire to be reconciled with the person who committed it.
