https://www.advokatoleshko.ru/ How to terminate a criminal case. What are the grounds for terminating a criminal case. There are two types of termination. On rehabilitating grounds and on non-rehabilitating grounds. Termination of a criminal case on rehabilitating grounds is the complete removal of charges against a person. Recognizing him as not guilty, but not in court, but at the stage of preliminary investigation or inquiry, before the case is transferred to court. Rehabilitating grounds 1. Absence of a criminal event. That is, the absence of the act itself, which was supposed. For example, a person reported the theft of a phone, a criminal case was opened and a worker who was doing repairs in the victim's apartment was detained on suspicion of theft. However, later, the victim found the phone in his car, he simply did not notice how he dropped it between the seats. In this case, the criminal case against the worker is subject to termination due to the absence of a criminal event. 2. Absence of corpus delicti. When the act itself is confirmed, but it does not contain all the mandatory elements of a crime. To answer this question, you need to understand what a crime is. In general, even professional lawyers sometimes do not fully understand this topic and the question is quite extensive, but in short, the crime includes: a) the object (these are the social relations that are being violated, this is what is harmed as a result of the crime); b) the subject (the person committing the crime); c) the objective side (actions, consequences, cause-and-effect relationship between them); d) the subjective side (this is the internal mental attitude of a person to the socially dangerous act committed by him, in other words, intent) 3. Non-involvement of the suspect/accused in the commission of the crime. That is, when it turns out that the crime took place, but another person committed it. 4. The court's acquittal. That is, a preliminary investigation was conducted, the criminal case was referred to the court, the court fully considered the case, and it came to the conclusion that the defendant was innocent and issued an acquittal. 5. The state prosecutor's refusal to bring charges. That is, during the consideration of the case in court, the prosecutor's office came to the conclusion that there was insufficient evidence of the defendant's guilt, and the prosecutor, without waiting for the court to issue a verdict, refuses to bring charges. In fact, there is a third option. If there are certain deficiencies, the case can be returned to the prosecutor in accordance with Article 237 of the Criminal Procedure Code of the Russian Federation. Then, perhaps, the deficiencies will be corrected and the case will be sent to court again, or if there are irreparable deficiencies, it may never be returned to court. Non-rehabilitating grounds. The law also provides for the termination of a criminal case on non-rehabilitating grounds. Such are circumstances that do not exclude the guilt of a person in committing a crime. That is, in fact, a person is found guilty of committing a crime, but punishment is not applied to him. He does not have the right to compensation for damage from the investigation of the crime, he does not receive the right to rehabilitation, which is why such grounds are called non-rehabilitating. Termination of a criminal case on these grounds does not release a person from the obligation to compensate for the damage caused, and the criminal record will include a note that the person was brought to criminal responsibility, and the criminal case was terminated. Nevertheless, this option is still better than getting a criminal record. 1. Termination of a criminal case due to reconciliation of the parties (Article 25 of the Criminal Procedure Code of the Russian Federation, Article 76 of the Criminal Code of the Russian Federation). 2. Termination of a criminal case due to active repentance (Article 28 of the Criminal Procedure Code of the Russian Federation, Article 75 of the Criminal Code of the Russian Federation). 3. Termination of a criminal case or criminal prosecution due to the imposition of a criminal-legal measure in the form of a judicial fine (Article 25.1 of the Criminal Procedure Code of the Russian Federation, Article 76.2 of the Criminal Code of the Russian Federation) 4. Termination of a criminal case due to compensation for damages (Article 28.1 of the Criminal Procedure Code of the Russian Federation, Article 76.1 of the Criminal Code of the Russian Federation) 5. Expiry of the statute of limitations for criminal prosecution (Clause 3, Part 1, Article 24 of the Criminal Procedure Code of the Russian Federation). 6. Death of a suspect or accused (Clause 4, Part 1, Article 24 of the Criminal Procedure Code of the Russian Federation). 7. Issuance of an amnesty act (Clause 3, Part 1, Article 27 of the Criminal Procedure Code of the Russian Federation).