When Can You Pick Up A Statement From The Police

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When Can You Pick Up A Statement From The Police
When Can You Pick Up A Statement From The Police

Video: When Can You Pick Up A Statement From The Police

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It is impossible to take a statement about the committed offense from the police, but in a number of cases the applicant has a chance to dismiss the criminal case due to the reconciliation of the parties.

Statement to the police
Statement to the police

Any citizen who has suffered from a wrongful act can apply to the police. However, it also happens that under changed circumstances it is required to perform the opposite action - to withdraw the application.

Is there such a thing as “picking up” an application?

In criminal proceedings, there is no such term as "give" or "return" a statement. After the victim turns to the police, his statement must be registered in the Incident Record Book. According to the law, the decision on the application is made within three days, but in some cases the period can be extended up to 10, and sometimes up to 30 days. After this period, either a criminal case is initiated, or its initiation is denied. There is also a third option - the application is submitted to the court, if we are talking about criminal cases of private prosecution.

The victim has no right to withdraw his statement, regardless of why he drew it up and for what reasons he changed his mind about bringing the culprit to justice.

How to terminate a case if it is impossible to pick up a statement from the police

The termination of the criminal case is possible if the victim is reconciled with the accused, and the victim received compensation for the moral and material damage caused. In this case, the applicant submits a petition stating the new circumstances of the case and a request to terminate the criminal prosecution. Most likely, they will meet him halfway if a crime of small and medium gravity is committed, and the accused has not been previously prosecuted and fully compensated for the damage.

The investigator and the court are obliged to terminate the case at the request of the victim if it relates to criminal cases of private prosecution.

There is another way to close the investigation, but it is fraught with negative consequences for the applicant. In this case, the victim repeatedly applies to the police with a petition, in which the information of the first statement is called false. Such a confession threatens to initiate a criminal case for knowingly giving false testimony.

If a serious crime has been committed, it is impossible to terminate the initiated criminal case at the request of the applicant.

Crimes related to public prosecution cases are investigated without fail, regardless of whether the victim wrote a statement or not.

For such cases, there is no provision for reconciliation of the parties, therefore, the judicial and investigative authorities have every right to refuse the victim's request to stop the investigation.

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