Rediscover the old, discontinued criminal proceedings under the new rules will have prosecutors. On the instruction of the constitutional court the Ministry of justice has developed the relevant amendments to the criminal procedure code.
photo: Gennady Cherkasov
The bill is intended to nullify a situation when the Prosecutor can repeatedly to cancel the decision on the termination of the criminal case. Recall, that such a situation was recently considered by the COP. Senior judges complained to the businessman, who for many years investigators tortured criminal cases. It opened a case under article 159 of the criminal code (“Fraud”), then closed for lack of evidence. But do not have time the poor fellow breathe the air of freedom, as the Prosecutor has canceled the next decision to dismiss and brought it up again. To end the suffering of men could only COP. In his ruling he pointed out that reopening the case of the Prosecutor or head of investigative body can only within one year after it was discontinued. To reopen older cases will have to obtain the court’s permission.
Now the Ministry of justice is in the detail prescribed, how it will happen. The Prosecutor would have to wrestle with on a special petition. Moreover, it must be motivated. And to petition the Prosecutor will be obliged to make the paper confirming the error too soft of an investigator who released the criminal into the wild. To consider such petitions will be district courts. As stated in the bill, to appoint a hearing the judge will have no later than 14 days after receipt of an application from the Prosecutor to the court. The process will call a potential criminal, the victim, their counsel and investigator and the Prosecutor.
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