How to appeal against criminal law

At the institution of a criminal case on the legislation of the Russian Federation, we have the right to appeal the unreasonable investigation materials, having specific reasons for this. This procedure is carried out within two days from the date of receipt of the decision on the initiation of the case, but only in the manner designated Criminal Code of the Russian Federation. Let's see what is needed for this.

1

Legislative aspects

Before proceeding to challenging one or another solution, you should familiarize yourself with the main provisions. Criminal Procedure Code (Code of Criminal Procedure) of the Russian Federation (Chapter 16). Studying the decision to initiate the case, you need to pay attention to the following aspects:

• what was the reason for such a decision;
• whether the foundations are legally for the establishment of the case;
• what arguments and arguments indicate the investigator to justify its verdict (they can be found in the second "motivating" part of the document).

2

Study of criminal materials

So, when you got acquainted with the provisions of the Resolution and are ready to appeal this decision - proceed to drawing up an application for familiarization with the materials of the case. As a rule, such a document is written in free form, and the following nuances are indicated in it:

1. In the "header" of the appeal, indicate the full name of the instance, which carries out a consequence. Also mention here your data - FULL NAME, address, contact phone number.
2. In the main part of the document, describe in detail your problem. Do not forget to indicate:
   • its procedural position (whether you are an applicant or suspect);
   • data on the document on the initiation of the case (date, number and other details of the ruling).
3. Be sure to specify the fact that you want to familiarize yourself with the case file with technical means (photo or video filming, removing scan copies).
4. In conclusion, write the article by the regulatory documents to which you are relying. For example, a link to Constitution of the Russian Federation (Art. 24 part 2), where the rights and freedoms of citizens are covered.

The application can be transferred by registered mail by mail or personally through the judicial office. The investigative body appoints you a place and time to familiarize yourself with the case file. Moreover, the visit is applied personally or through the legal representative of your interests.

Download from us on the portal:

• Sample application for familiarization with the case file;
• Filled out a sample application for familiarization with the case file.

3

Appeal procedure

The next step is to write complaints. It is necessary to draw it up using the principles of brevity, validity and motivation. When drawing up a complaint should pay attention to such aspects:

1. In the "Shapka" of the document, specify the full name and contact details of the body where it goes. Do not write a complaint at once to several instances, and it is better to pick one "correct addresse" (for example, a district court). Learn below, specify the name and contact details of the applicant, and also mark it "procedural position".
2. In the "body" of complaints briefly describe the situation, referring to the investigation materials. At the same time, you must clearly designate which rights were violated, reinforcing the words with excerpts from the legislation of the Russian Federation. Your task is to confirm the fact of the unjustification and the unmotivation of the decision taken by the authorities.
3. Do not forget about the date and signature.

The complaint refer to the prosecutor's office, the court or the investigative authorities (according to 124-125 tbsp. Code of Criminal Procedure). Moreover, an extrajudicial way of appeal is extremely rare, which depends on the nature of the problem and your interests. If you firmly decided to defend your rights, having concrete arguments and the facts of the unreasonableness of the actions of the inquiry authorities - it is best to turn directly to the "Highest Femide". At the same time, the legislation was given a deadline for providing an answer on a complaint from 3 to 10 calendar days.

Download right now:

• Sample criminal initiation complaint;
• Filled sample complaints of the institution of criminal case;
• Sample decision on the criminal institution;
• Filled sample decree on criminal institution;
• Sample complaint about the decision to refuse a criminal case;
• Sample decree on refusal to excitement.

With a positive solution to the relevant instance, the criminal case is suspended automatically. In case of refusal, you have the right to re-submit a complaint to higher authorities.