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Closing a criminal case at the investigation stage
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Publication date: 09.07.2024
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Stages of closing a criminal case at the investigation stage
Closing a criminal case at the investigation stage is an important process regulated by legislation. It includes several stages, each of which has its own characteristics and requirements. Let's consider the main ones.
Grounds for closing a criminal case
The first step in the process of closing a criminal case is to determine the grounds for it. According to the Criminal Code, such reasons can be the absence of the composition of the crime, lack of evidence of the suspect's guilt, or the presence of circumstances that exclude criminal responsibility.
Appeal to the investigator or prosecutor
Criminal case at the investigation stage can be closed only by the decision of the authorized body. To do this, it is necessary to apply to the investigator or prosecutor with a statement to close the case. The application must specify all the circumstances justifying such a request.
Consideration of the application and decision-making
After submitting the application, the investigator or prosecutor is obliged to check the specified circumstances. If the grounds for closing the case are confirmed, a decision is made to close it. This decision is formalized by a corresponding resolution.
Issuance of a resolution on closing a criminal case
The closure of a criminal case is formalized by a resolution, which specifies the grounds for closure, the circumstances of the case and the reasons for the decision. The resolution must be motivated and meet the requirements of the law.
Notice of process participants
After the decision to close the case is made, all participants in the criminal process must be notified. This includes the suspect, the victim, their representatives and lawyers. Notification is made by handing over copies of the resolution.
Appealing the decision to close the criminal case
Closing the case at the investigation stage can be appealed. Victims, suspects or their representatives have the right to file a complaint with a court or a higher prosecutor. An appeal can be made within the time limits established by law.
The main reasons for closing a criminal case at the investigation stage
- Absence of the composition of the crime
- Failure to prove the suspect's guilt
- Presence of circumstances that exclude criminal responsibility
Conclusion
Closing a criminal case at the investigation stage is a complex process that requires careful study of the circumstances of the case and compliance with all procedural norms. It is important that the decision to close the case is justified and meets the requirements of the law, which will ensure the protection of the rights of all participants in the criminal process.
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