Legal Encyclopedia. The Letter

Initiation of the case on newly discovered facts

-rule initiation of proceedings because of new or newly discovered facts.

This right belongs to the prosecutor, which drives production, inspects, seeks a copy of the judgment and a certificate of the court on the sentence comes into force, shall decide to initiate proceedings in view of newly discovered circumstances and are investigating the circumstances.

The revision of the sentence is carried out by the Presidium of the Russian Supreme Court on the recommendation of the Chairman of the Presidium of the Supreme Court within 1 month from the date of receipt of the submission. After consideration of the Presidium cancel or change the judgment and a copy of the decision in 3 days sent to the Constitutional Court, the prosecutor, the Commissioner for Human Rights and the person against whom the ruling.

After checking the prosecutor sends the criminal case to its conclusion and a copy of the court verdict. If there are no grounds for reopening the public prosecutor shall decide to discontinue the production of excited them.

Conclusion prosecutor to resume production is considered in relation to:

1) sentence and the decision of the magistrate - the district court;

2) judgment, the decision of the district court of the Supreme Court -prezidiumom subject of the federation;

3) the sentence, ruling of the Supreme Court of the subject of federation - judicial board on criminal cases of the Supreme Court of the Russian Federation;

4) the sentence, the decision of the Judicial Board on criminal cases of the Supreme Court - Cassation Board of the Supreme Court of the Russian Federation;

5) determine the Cassation Board of the Supreme Court - the Presidium of the Supreme Court;

6) the sentence, ruling garrison military court - the district (naval) military court;

7) the sentence, District regulations

(Naval) military court - the Military Collegium of the Supreme Court.

The judge examines the conclusion of the prosecutor to resume production personally, and takes the following decisions:

1) for annulment, the decision of the court and the transfer of the criminal case for the production of a new trial;

2) for annulment, and the decision to discontinue criminal proceedings;

3) to reject the conclusion of the prosecutor. Resumed production precedes

following:

1) excitation of production by the prosecutor;

2) A check for new circumstances;

3) making decisions on the future direction of the business.

Production testing of new circumstances does not mean the resumption of the relevant criminal proceedings.

This issue is resolved by the court. Verification activities include:

1) discovery of documents and objects;

2) receiving an explanation from citizens and officials.

The investigation of new circumstances

shall personally prosecutor or investigator on behalf of the prosecutor. Allowed to conduct inspections, examinations, interrogations, seizures and other investigative activities.

When investigating newly discovered circumstances are guided by the general term of the preliminary investigation.

The peculiarity of the investigation that in the course of it is not delayed and the suspect does not accept the measure of restraint.

Re-examine the criminal case is entitled to only the Presidium of the Supreme Court on the recommendation of the Chairman of the Supreme Court. Consider the representation, the Court shall make the necessary changes before the judicial decision, but the Presidium of the Supreme

Russian Court can cancel it or make changes.

At the end of the resumption of production are set out judgment and point of view of the prosecutor, which reflects the results of the research, a brief analysis of the collected evidence, the prosecutor concluded. The conclusion drawn by analogy with the protest, which indicate:

1) in which court it brings;

2) a summary of the content of the sentence;

3) a summary of the new circumstances;

4) a decision is required to take;

5) The official position of the person sending the report;

6) the time and place of detention. By the conclusion included:

1) a criminal case, in which the production is resumed;

2) Materials of checks;

3) a copy of the verdict.

The superior prosecutor with the consent of the conclusion directs it with all materials to the appropriate court. In case of disagreement, he directs the materials for further investigation. When making the decision to terminate the prosecutor initiate proceedings he makes a reasoned decision which can be appealed.

Consideration of the conclusion of the prosecutor is carried out under the following rules:

1) participate in the session of the prosecutor, the convicted or acquitted, their defenders and legal representatives;

2) the matter reported to the member of the Presidium of the Court;

3) Rapporteur outlines the content of the earlier decisions and the conclusion of the prosecutor;

4) the rapporteur may be asked questions;

5) the prosecutor leading reasons for its decision;

6) participate in the court session after the speech the prosecutor has the right to give their oral explanations;

7) a decision on the conclusion of the prosecutor by a majority vote of the judges;

8) the final decision is taken by the Presidium of the respective court and issued a ruling.

Having considered the opinion of the prosecutor, the court may cancel a judgment or decision or leave them unchanged, rejecting the prosecutor's conclusion.

If you cancel the sentence, the court takes a decision:

1) pass a criminal case for the production of a new trial;

2) to dismiss the criminal case.