Proceedings in a criminal case shall be resumed in the presence of new or the emergence of newly discovered circumstances of the crime that has occurred and has as its purpose to clarify the true circumstances of the offense.
Instructions
Step 1
The reopening of a criminal case is an exceptional stage for a criminal proceeding. Its essence boils down to a kind of verification of the legality of the investigation, as well as the truth and validity of the verdict or other court decision. Its existence is due to the fact that judicial practice knows cases of errors in sentences and violations at the stage of investigation or inquiry.
Step 2
The grounds for initiating a criminal case are divided into two types: these are new and newly discovered circumstances. The Code of Criminal Procedure of the Russian Federation defines newly discovered circumstances as information that took place at the time the court decision entered into legal force, but the court did not know about their existence. New circumstances are those that were also not known to the court, but completely exclude the punishment and guilt of the accused. The former may include deliberately false testimony of a witness, victim, expert, or fictitious material evidence, incorrectly executed protocols of investigative actions and decisions, as well as illegal actions of judges, interrogators or investigators.
Step 3
As for any other procedural action, the law provides for special time limits for the reopening of a criminal case. Article 414 of the Criminal Procedure Code states that the review of the conviction in favor of the convicted person is not limited by any time frame. Rehabilitation can take place even if the convicted person has already passed away. An acquittal can only be revised within the criminal statute of limitations or one year after new circumstances have arisen.
Step 4
The prosecutor may reopen the criminal case. The reason for checking an already adopted court decision may be a statement by a citizen or an official. Also, the basis for this may be the materials of another criminal case, which is at the stage of investigation or judicial review. During this check, the prosecutor is provided with a copy of the verdict or ruling and a certificate confirming its entry into legal force.
Step 5
If, based on the results of checking the potential circumstances for the resumption of the investigation, their significance was confirmed, the prosecutor sends the materials with his opinion to the court for further decision-making on the fate of the criminal case.
