Consideration of Petitions for Permission to Cancel a Decision to Terminate a Criminal Case or Criminal Prosecution

Abstract

The article presents the results of an analysis of court decisions related to the application of the rules governing the judicial procedure for obtaining permission to cancel decisions to terminate a criminal case and criminal prosecution after one year from the date of their issuance (Part 1.1 of Article 214 and Article 214.1 of the Code of Criminal Procedure of the Russian Federation). Particular attention is paid to the courts’ interpretation of the grounds for granting a petition for permission to cancel decisions to terminate criminal prosecution, and their understanding of “new information that is subject to additional investigation”. Specific examples from judicial practice show the motives for judges making relevant decisions. The issue of the admissibility of the results of operational-search activities as “new information” indicating the need to resume the criminal prosecution of a suspect or accused is specifically highlighted and considered.