Consent of a Person to a Criminal Case (Criminal Prosecution) Dismissal for Reasons other than Exoneration: Definition and Content

Abstract

A criminal case (prosecution) dismissal for reasons other than exoneration is associated with the onset of various negative consequences for a person. These may include confiscation of property belonging to them and recognized as material evidence; filing a civil claim against them for compensation for damage caused by a person subjected to criminal prosecution; recovery of procedural costs. The need to clarify consent to a criminal case (prosecution) dismissal is a guarantee of the rights to judicial protection and access to justice, and it is attributable to the need to inform the person about the negative consequences accompanying the criminal case (prosecution) dismissal. The obligation to clarify the consequences of the termination of the case should be reflected in the law. At the same time, in pre-trial proceedings, effective judicial control should act as a reliable guarantee of the property right of the person against whom the criminal case is terminated, assuming the court’s authority to independently make decisions on issues related to the termination of the criminal case (including those related to reimbursement of procedural costs and resolution of the fate of material evidence). The thesis of the Constitutional Court of the Russian Federation on the equivalence of disagreement with the seizure of property following the termination of a criminal case with disagreement with such termination in general is critically evaluated. The optimal approach seems to be in which the consent of a person to a criminal case (prosecution) dismissal is clarified after a certified written explanation of the negative legal consequences of a non-rehabilitating decision. This, however, does not exclude the possibility of appealing the decision in its part, which does not relate to the cancellation of a criminal case (prosecution) dismissal as a whole.