Legal Encyclopedia. Letter F

COMPLAINT IN CRIMINAL PROCEEDINGS

- Appeal to the official leading the proceedings or to the court regarding the violation of rights and legitimate interests of the subject of criminal proceedings or any other person whose rights and interests are violated decision or action of the officer or the court.

Appealed subject to action

(Inaction) and decisions of the body of inquiry, inquirer, investigator, prosecutor, judge, court.

If the right to appeal in criminal proceedings a citizen exercises his right to protection from abuse, written in the Constitution.

J. actions (inaction) and decisions made during the pre-trial proceedings, the prosecutor, or bring to the district court at the place of the preliminary investigation, if the law otherwise indicated.

Clarifying and ensuring the right to appeal is the duty of individuals,

leading the proceedings.

The right to appeal against actions (inaction) and decisions of officials conducting the proceedings, have all participants in criminal proceedings the prosecution and the defense, as well as other participants in criminal proceedings.

The right to have the offering of Jean and other persons to the extent to which the product of the actions and decisions affect them.

The right to J. requires accurate and precise registration received Jean, as well as oral or written communication to the complainant about the acceptance of his J. consideration in the period during which Jean must be considered, as the person who brought Jean reported taking by J. decision.

J. Oral, expressed in the production of an investigative action is logged,

respectively, in the protocol of the investigative action. The prosecutor should review J. for 3 days from the date of its receipt. In exceptional cases that require additional verification J., allowed its consideration within 10 days, as notified by the applicant.

Immediate notification of the decision,

adopted by the public prosecutor Jean, and clarification of its further order of appeal requires a precise indication in the report of J. considered the month, day, and sometimes hours, when the decision made by the prosecutor, and the date of notification of this decision to the complainant.

Decision on Prosecutor J. issued in the form of regulations, and with it attached to the criminal case.

Trial Review J. actions (inaction) and decisions of the persons conducting the preliminary inquiry takes place on the basis of equality of arms and adversarial. At the hearing involved the applicant and his counsel, the legal representative, the representative, if they participate in other persons whose interests are directly affected by the acts complained of, or the decision, as well as the prosecutor.

Absence of persons, timely notice of the examination of Jean and does not insist on its consideration of their participation is not an obstacle to consideration by the court Zh.

The judge, who considered J., in its decision indicates why he admits the action (inaction) of an official decision or illegal or unreasonable, but the new

decision on the merits can not stand, but requires the official concerned to eliminate the violation. The Court may indicate a violation of any rules of the Criminal Procedure Code has led to the wrong decision to dismiss the criminal case or why the grounds for dismissal of the case referred to in the decision did not comply with the Criminal Code or the Code of Criminal Procedure.

The prosecutor, received the court's decision, holding those proceedings, which are specified by the court or which are derived from its solutions, as well as eliminates the previously committed procedural violations.

J. remaining unsatisfied court may be appealed to a higher court.