REFUSAL TO INITIATE A CRIMINAL PROSECUTION
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
4. The requirement to familiarize yourself with the test
5. The date and number of the materials themselves check.
6. Refer to part 2 of article 24 of the Russian
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
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.