ATTORNEY-AT-LAW
Sergei N.
Vinokurov
 
 
                                                                                   
Everyone is guaranteed the right to receive
qualified legal assistance.
 
Article 48 Of The Constitution Of The Russian Federation 
 
 
 
 
+7 (495) 760-05-96
+7 (985) 760-05-96
 
 
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  THE REFUSAL TO INITIATE A CRIMINAL PROSECUTION

 

 The attorney provides legal assistance on various issues and disputes in the areas of contract law, bargains and bankruptcy, and conflict of laws. The attorney gives legal advice related to the preparation of various contracts, bargains and disputes in courts of general jurisdiction courts  and arbitration courts.

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The refusal to initiate criminal proceedings, any victim is a strong feeling of injustice. And really, if a person has committed a crime, its the law to prosecute.

However, often, law enforcement officials denied to victims and other citizens the right to seek punishment of the perpetrator. This happens because individual investigators, seeing that the case is complicated, it is necessary to thoroughly investigate and collect the crumbs of evidence, sometimes just don't want to do.

However, the refusal to initiate a criminal case is far from over. In such a situation the law provides for such a procedure, as an appeal of this decision enforcement.

In order to do this correctly, you need to carefully examine the document itself: the reasoning and the operative part of the decision, to understand the objective and subjective side of the crime.

In addition, must be familiar with the test materials, which you need to properly prepare the corresponding statement. There, in particular you need to specify:

1. Its procedural position.
2. The number and date of the decision about refusal in excitation of criminal case.
3. The essence of the statement with the request to excite criminal case.
4. The requirement to familiarize yourself with the test materials.
5. The date and number of the materials themselves check.
6. Refer to part 2 of article 24 of the Russian Constitution.

If everything is correct, you will be allowed to see the test materials. They must carefully examine and make copies of them. Only then is a complaint against the decision of the investigating authorities, which is performed for a specific legal form.

In it, in particular we need to show that the investigator's decision was unreasonable, unwarranted or inappropriate code of criminal procedure. You also need to refute the investigator's conclusions and lead their own reasons, which are not reflected in the decision of law enforcement officials.

Only after all these procedures, the complaint shall be sent to the head of the investigative body, Prosecutor or court.

If it is admitted even one slightest mistake, there is no doubt that the complaint will not be satisfied. In order to do everything legally correct, of course, required the help of a professional lawyer.

A competent representative of the victim will be able to find inconsistencies, to consider violations of even the small details, carefully study the audit materials will help to make a complaint.

Besides directly working in this field, the lawyer will help to determine the place of filing of the complaint, that it was considered as objectively as possible. Only specialist in criminal cases can really help to get justice.

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Attorney Sergei Vinokurov. All rights reserved.
 
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