Reconciliation proceedings - established by law in cases of crimes prosecuted only on the complaint of the victim, and which may result in reconciliation.
According to the judicial statutes of 1864 , conciliation proceedings in all cases of this category were carried out by justices of the peace , who, if reconciliation did not take place, were obliged to transfer cases under the jurisdiction of the general judicial institutions to the district court or judicial investigator.
Starting a conciliation proceedings, the justice of the peace had to make sure that there was a legitimate reason to initiate criminal prosecution, but he could enter into the discussion of the evidence of the prosecution only in cases under jurisdiction of the world court.
By the law of May 21, 1891 , the conciliation proceedings in cases under the jurisdiction of the general court are assigned to the duties of judicial investigators ("Law of May 21, 1891 on the procedure for conciliation proceedings") [1] .
In cases that may result in reconciliation, the investigator, not proceeding with the investigation, is obliged to call the parties to incline them to peace; for the same purpose, a judicial investigator shall receive complaints from private prosecutors directly to the district court in cases resolved without the participation of jurors.
If the reconciliation takes place or the prosecutor fails to appear without legitimate reasons, the investigator seeks through the prosecutor permission from the district court to dismiss the case; if the reconciliation does not take place or the accused fails to appear without legitimate reasons, then the judicial investigator proceeds with the investigation or submits the complaint of the private prosecutor through the prosecutor to the district court, depending on whether the case is subject to trial with or without the jury.
The justice of the peace and the investigator as conciliators may only take such measures to the agreement of the parties that do not force their will. The conciliation proceedings should not, however, be limited to one formal proposal to reconcile (circular angle. Cash register. Dpt., September, 1878 ).
In the military department, in view of the fact that the initiation of criminal prosecution, even in cases starting with complaints of the victims, depends solely on the discretion of the military authorities, the conciliation proceedings are the responsibility of the boss on whose authority the initiation of proceedings depends.
Conciliation proceedings are carried out by the chief himself or by one of his subordinates on his behalf, immediately after receiving the complaint of the victim, and must be completed no later than 3 days, but at the request of both parties can be delayed for up to 7 days; in this case, the military authorities are limited to considering only the evidence presented or indicated by the parties. In case of reconciliation of the parties, an act is drawn up indicating the conditions under which the reconciliation ensued.
If there is no reconciliation, then the further direction of the matter depends on the military authorities, and the victim may demand an inquiry (in cases, jurisdictional regimental courts) or preliminary investigation (in cases of higher jurisdiction), while the victim can appeal the final order of the chief in administrative order.
During the trial of cases that may result in reconciliation, the court must renew the attempt to reconcile the prosecutor with the accused; non-fulfillment of this obligation by the chairman of the court, the Senate considers a reason for cassation. In the case of a reconciliation, this shall be entered in the minutes of the court session indicating the conditions of reconciliation. In military courts, with the consent of the parties to reconciliation, a special act is drawn up.
Notes
- ↑ Chistyakov O.I. Russian legislation of the X-XX centuries: Judicial reform: [] : in 9 t . - M .: Legal literature, 1991. - T. 8. - 496 p.
Literature
- Lykoshin A.S. Conciliation proceedings // Brockhaus and Efron Encyclopedic Dictionary : in 86 volumes (82 volumes and 4 additional). - SPb. , 1890-1907.