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Practice of the termination of criminal cases according to Art. 264 of the criminal code of Russian Federation in connection with reconciliation of the parties

Practice of the termination of criminal cases according to Art. 264 of the criminal code of Russian Federation in connection with reconciliation of the parties

According to Art. 76 of the criminal code of Russian Federation the person who for the first time committed a crime of small or average weight can be exempted from criminal liability in connection with reconciliation with the victim when performing two conditions: reconciliations of the person who committed a crime with the victim and smoothing down of the harm done to it.

Within the criminal case on a charge of commission of crime provided by Art. 264 of the criminal code of Russian Federation the victim the person to whom as a result of a road accident, heavy harm to health, or, in case of death of the participant of road accident is done admits, close relatives admit injured.

Reconciliation of the parties is a not rehabilitating basis of the termination of criminal case.

Reconciliation consequence on criminal cases about the crimes provided by Art. 264 of the criminal code of Russian Federation is lack of criminal liability for the committed crime. Responsible for a road accident does not bear any criminal penalty.

Important consequence of reconciliation – saving of the driving license (at a conviction guilty loses the driving license for a period of up to 3 years).

At reconciliation the issue of indemnification, caused to the victim as a result of a road accident as reconciliation is possible only in a case smoothing down of harm before the victim is resolved.

The petition for the termination of criminal case in connection with reconciliation of the parties can be declared to the victims directly in court session.

The victim has to be in court session and explain to court that he declared the petition voluntary, harm is smoothed down in full, no claims to the perpetrator has, to show proofs (receipt) in confirmation of payments and reality of smoothing down of fault.

Jurisprudence of the termination of criminal cases about the crimes provided by Art. 264 of the criminal code of Russian Federation shows recently that generally criminal cases of the specified category by court stop in connection with reconciliation of the parties according to p.1 Art. 264 of the criminal code of Russian Federation, h. 3rd Art. 264 of the criminal code of Russian Federation.

In case of the statement injured petitions for the termination of criminal case in connection with reconciliation of the parties concerning the persons who committed a crime in a state of intoxication or when a consequence of a crime is the death of two and more persons (h. 2nd Art. 264 of the criminal code of Russian Federation, ch.4 Art. 264 of the criminal code of Russian Federation, h. 5th Art. 264 of the criminal code of Russian Federation, h. The 6th Art. 264 of the criminal code of Russian Federation), courts refuse satisfaction of the petition to the victims and consider criminal case in essence with adjudication.

Senior assistant

prosecutor of Chelyabinsk L.I. Shemyakin