One of the basic guarantees of human rights is the ability to defend oneself against inappropriate or unjust accusations of committing a crime, as well as, on the contrary, opening a criminal case when necessary. An important step in this process is the appeal against the refusal to initiate criminal proceedings. Below we will consider in detail the legal and illegal grounds for refusal to open criminal proceedings, the procedure for appealing such refusals, and how our law firm can provide you with qualified assistance in this matter.
Legal grounds for refusal to initiate criminal proceedings
- Absence of a criminal element. One of the main reasons for refusing to initiate criminal proceedings is the lack of sufficient evidence that a crime has been committed. If there are no sufficient objective or subjective grounds for initiating a case, law enforcement agencies may refuse to open criminal proceedings.
- Statutory exceptions. The law provides for certain exceptions where criminal cases cannot be initiated even if there are grounds. For example, there are restrictions on bringing people to criminal liability depending on the term of the crime.
- Violation of procedural requirements. Sometimes criminal proceedings may be dismissed due to procedural violations, such as illegal collection of evidence or violation of the suspect’s rights.
Illegal, but not uncommon reasons for refusing to open criminal proceedings
Unfortunately, in some situations, the refusal to initiate criminal proceedings may be the result of illegal or overly subjective grounds. Here are some examples of illegal, but not uncommon reasons for refusing to open criminal proceedings:
- Political influence. One of the most serious problems in many countries is political influence on law enforcement agencies. The authorities can use their influence to prevent or stop criminal proceedings against persons who are members or supporters of the party, in the absence of sufficient grounds for refusing to open proceedings.
- Corrupt connections. In some cases, corruption among law enforcement agencies can lead to the refusal to initiate criminal proceedings even in cases where there is clear evidence of a crime. Corrupt actions by officials or investigators can prevent a fair trial.
- Discrimination and stereotypes. Criminal proceedings can often be denied due to stereotypes or discrimination, especially in cases where the suspect belongs to a minority or other social group. Investigators may not be objective and use their perceptions of the suspect as a reason for refusing to open a case.
- Lack of interaction with the victims. Sometimes law enforcement agencies may refuse to initiate criminal proceedings if the victim is unable to influence the investigation or has not been informed of his rights.
It is important to note that illegal grounds for refusing to initiate criminal proceedings violate the principles of justice, democracy and the rule of law. There are mechanisms, such as independent courts and internal review services, that can help detect and prevent such illegal practices and ensure that citizens’ rights are protected.
How to appeal the refusal to initiate criminal proceedings?
Appealing a denial of criminal proceedings can be a difficult process, but it is important to protect your rights. Here are the steps you can take:
- Appeal to a lawyer. The first step is to consult with an experienced criminal defense attorney. He will help you assess your situation and determine whether there are grounds for appeal.
- Filing an appeal. An appeal against a decision to refuse to initiate criminal proceedings is submitted to the relevant authorities or court in accordance with local legislation. It is important to have relevant evidence and legal arguments.
- Judicial control. In some cases, especially if the appeal has not yielded results, it is possible to go to court to cancel the decision of the law enforcement agencies.
Help from our law firm
Our law firm “Prykhodko and Partners” has experience in successfully challenging refusals to open criminal proceedings. We provide qualified legal assistance to our clients, helping them protect their rights and interests.
If you need help in solving issues related to the appeal of the refusal to open criminal proceedings, please contact us. We are ready to provide you with professional advice and representation in this complex process.
Our legal team is always ready to help you get a fair solution.
For a consultation or calculation of the price of an appeal against the refusal to initiate criminal proceedings, fill out the form below.