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Reasons for initiation of criminal prosecution

 

  • Reasons for initiation of criminal prosecution
  • Dismissal of initiation of criminal prosecution
  • Initiation of criminal case

Committal of socially dangerous act which is prohibited by criminal law is considered a crime for which criminal liability is envisaged.

The reasons of initiating a criminal prosecution are defined by the Article 175 of RA Criminal Procedure Code according to which the prosecutor, the investigator, the inquest body shall initiate a criminal case within their jurisdiction if there are appropriate reasons and grounds to initiate a criminal case.

There are 3 reasons for initiation of criminal prosecution defined by the Article 176 of RA Criminal Procedure Code.

They are;

  • Statements about crimes sent to the inquest body, investigator, prosecutor by physical persons and legal entities,
  • Mass media reports about crime,
  • The discovery of information about crime, material traces of crime and consequences of crime by the inquest  body, the investigator, the prosecutor, the court and the judge in their line of duties.

Simple procedure and requirements of submitting a statement about crime are also defined by RA Criminal Procedure Code.

Statements of physical persons about crime

The statements of physical persons about crimes can be written or oral.

The oral statement made about a crime during investigation or court trial is registered in the protocol of the investigation or the court session, respectively. In other cases separate protocols are written. The protocol must indicate the surname and the first name of the applicant, date of birth, home and work address, the relation to the crime and the source of information, as well as data about personal documents submitted by him. If the applicant has not submitted personal documents, other measures must be taken to check the information about the identity of the person.

If the applicant is 16 years old, he is warned about the responsibility for fraudulent representation which is confirmed by the signature of the latter.

The statement in the protocol is narrated in the first person.

The protocol is signed by the applicant and the recipient official.

The above-mentioned rules are also extended to the statement made by the applicant on the crime committed, in case of surrender.

A letter, a statement or other anonymous message about crime, unsigned or with false signature or written on behalf of fictitious person, cannot be a reason for initiation of criminal prosecution.

Statements by legal entities

A statement by a legal entity must be in the form of an official letter, or confirmed telegram, telephone or radio message, e-mail, or other accepted form of communication.

Enclosed to the message can be documents confirming the crime.

Mass media reports


Reports on committed or prepared crimes, in press, on the radio, on TV, as well as reports forwarded to mass media and unpublicized are considered mass media reports.

Mass media which publicized reports about crimes or sent to the media, as well as the authors of these reports must, at the request of the inquest body, the investigator, the prosecutor, submit the materials in their possession confirming the report about the crime, according to the Article 179 of RA Criminal Procedure Code.

In each case of receiving information about crime one of the following decisions is made

1)   On initiating a criminal prosecution

2)   On dismissal of initiation of criminal prosecution

3)   On handing the statement by subordination.

Dismissal of initiation of criminal prosecution

If the reason of initiation of criminal prosecution is illegal or there are no bases for it the prosecutor, the investigator, the inquest body make a decision on dismissing the initiation of criminal prosecution.

The copy of the decision on dismissal of initiation of criminal prosecution is sent to the appropriate prosecutor within 24 hours.

The copy of the decision is immediately sent to the physical person or legal entity which has reported about crime.

The decision on dismissal of initiation of criminal prosecution, in the order defined by law, can be appealed within 7 days from the moment the copy of the decision was received.

On the base of the complaint on dismissal of initiation of criminal prosecution the superior prosecutor quashes the appealed decision within 7 days from the moment of receiving it, initiates a criminal prosecution and sends it to the investigator to implement preliminary investigation or confirms the legitimacy of dismissal of initiation of criminal prosecution.

On the base of the complaint on dismissal of initiation of criminal prosecution the court quashes the appealed decision or confirms it.

Quashing the appealed decision makes it mandatory for the prosecutor to initiate a criminal prosecution.

Procedure of initiation of criminal prosecution

In case of availability of reasons and grounds for initiation of criminal prosecution the prosecutor, the investigator and the inquest body make a decision on initiation of criminal prosecution.

The decision must indicate the reason and grounds for prosecution, the article of the criminal code by the elements of which the prosecution is initiated and the further process of case after the initiation.

If at the moment the person affected by the crime is known, simultaneously with the initiation of the criminal prosecution this person is recognized as the affected party, and if a civil claim has been submitted at the same time as the statement about crime, by the same decision the person is recognized as a civil claimant.

The copy of the decision to initiate criminal prosecution is sent to the physical person and the legal entity which reported about the crime.

At the same time, with the initiation of criminal prosecution, measures must be taken to prevent the crime, as well as to keep and preserve the traces of the crime, objects and documents, which can be significant for the case.

 

 

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