The Supreme Court debunks the queen of evidence: an admission of guilt is not yet a verdict. Do you admit guilt? What documents indicate

In chapter 40 and in the text of art. 314 of the Criminal Procedure Code of the Russian Federation refers to the consent of the accused with the charge, and not to the admission of guilt. The expression “confession by the accused of guilt (admission of guilt)” is used more than once in the Code of Criminal Procedure (part 2 of article 77, part 2 of article 273 of the Code of Criminal Procedure of the Russian Federation). The majority of the accused, agreeing with the charges brought, consider this consent as an admission of their guilt, without delving into the intricacies of legal terminology.

But what if the accused, who answers the question of the court: Yes, I agree with the charge, but I do not admit my guilt.

Legal scholars are divided on this point.

So, it is believed that the recognition of guilt is an important condition for the possibility of production in a special order. If guilt is not recognized or is partially recognized, the judge is obliged to terminate the proceedings within the framework of Chapter 40 of the Code of Criminal Procedure of the Russian Federation and appoint a trial in the general manner.

And yet, admitting guilt and agreeing with the prosecution are different actions of the accused, which have different meanings. The admission of guilt contains an element of repentance, the desire to reconcile with society, the victim, characterizes the personality of the accused and in certain cases can serve as a circumstance mitigating responsibility.

The legal aspects of the topic are also highlighted. An admission of guilt may be the basis of an accusation. An admission of guilt made at the preliminary investigation stage, recorded in the prescribed manner and confirmed by other evidence, has a purely evidentiary value. At the same time, the accused, who admits his guilt, may not file a petition for a decision in a special manner. On the other hand, an accused who refuses to give any evidence at the preliminary investigation and, accordingly, does not speak out about his guilt, is not formally deprived of the right to file a petition for a special procedure. The logic is obvious: having familiarized himself with the materials of the investigation, the accused decided that it would be more profitable to use a special procedure, and in this case he must agree with the charge.

Consent with the accusation is a manifestation of optionality, the use by the accused of his rights, which do not have any evidentiary value. This is a refusal to procedurally challenge the charges brought without explanation.

Thus, an admission of guilt is an action of the accused aimed at confirming the fact that he committed this crime, and consent with the charge brought is an action of the accused, expressing his consent to conduct proceedings in a special manner, provided for in Chapter 40 of the Code of Criminal Procedure of the Russian Federation.

The confession of guilt has a material and legal significance, and the consent with the accusation is procedural.

It should be recognized that the court, wishing to protect itself from any undesirable consequences, is unlikely to go for a special procedure in such a situation, but formally the law does not prohibit it from doing so.

let's pay attention to the following. In the case when the accused is charged by the bodies of preliminary investigation and he agrees with the accusation, this means that he admits that he committed a certain crime. A crime, as is known from the theory of criminal law, has its own composition: an object, an objective side, a subjective side and a subject. The subjective side of the crime is formed precisely by guilt, the forms of guilt of the subject of the crime.

In the case when the accused recognizes himself as having committed a certain crime, he automatically recognizes the presence of all elements of the corpus delicti in the act committed by him, including the subjective side. Therefore, it would be somewhat incorrect to say that the accused can agree with the accusation without admitting his guilt in the committed crime.

The practice of applying the OPSR shows that "agreement with the accusation", referred to in Ch. 40 of the Code of Criminal Procedure of the Russian Federation, the law enforcer equates to the confession of guilt by the defendants.

The existing practice of applying a special order of trial in terms of the need for the accused to admit guilt should be recognized as legitimate. However, it seems appropriate to change the normative regulation of this institution and directly provide in the Code of Criminal Procedure of the Russian Federation the need for the defendant to admit guilt in a committed criminal act in order for the criminal case to be considered in a special procedure for judicial proceedings.

If you realize your guilt, then it should not be difficult for you to sincerely express your regret. However, most people still experience difficulties. It must be understood that admitting guilt is a strength, not a weakness. And no special skills are required for this, the main thing is to be honest with yourself and others. Another thing is if you do not admit your guilt, but you need to maintain a good relationship. In this case, you apologize in order to return the favor of the person. These situations can be considered in more detail.

First of all, evaluate the extent of the damage, moral or physical, that you have caused to another person or group of people. This will determine how you present your apology. Minor offenses can be repented of in writing or over the phone. But for more serious situations, these methods are not suitable, because they expose you as a coward. Always try to ask for forgiveness in person.

Admitting your guilt is often not enough, a wounded person wants to see in you a desire to correct mistakes. Even if fixing them seems too difficult for you, you should express your intention to try to do it. Very often people are offended by each other because of different perceptions of the same things. If you notice one of these differences in another person, take note of it and try to be nicer in the future.

How to behave

Some people just don't know what to say to admit their guilt. They are afraid of being thought stupid, looking weak or funny. If you are one of those people, think over your words the day before. You don't need to imagine yourself as an actor who does certain things at certain moments. Your body posture and gestures are not important, what matters is the content. Try to convey in your words the depth of your repentance. Avoid excuses, they are annoying. Have the strength to take responsibility for what you have done.

Figuratively speaking, crawling on your knees is also a bad move that can anger a person even more. Express your willingness to work on the situation in a firm and confident tone, without contrition. Say what you came up with. Such statements inspire confidence. Try to back up your words with appropriate actions as soon as possible. If, in principle, nothing can be corrected, rely only on the person’s decision to forgive you. It is not worth humiliating yourself in this case either.

After admitting your guilt, be sure to thank the person. Even if he has not yet forgiven you or is not going to, he spent his time on you and listened. Show that you will respectfully accept any decision. Do not impose on a person if he finds it difficult to make a decision. Acute resentment significantly interferes with objective reflection on the problem, it takes a little time.

Each driver today is obliged to properly insure the car he operates with a special OSAGO policy. In the event of a traffic accident, the victim will definitely receive monetary compensation from the insurance company of the culprit.

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But sometimes controversial situations happen, and none of the drivers wants to admit their guilt - such cases are resolved in different ways depending on the various circumstances of the accident.

Who decides the degree of guilt of the participants in the incident

All drivers today are required to insure their car with a special OSAGO policy. Based on this document, it will be possible to receive compensation of the appropriate amount in the event of an accident.

This point is reflected in sufficient detail in the current legislation governing this moment - Federal Law No. 40-FZ of April 25, 2002.

This legal document reveals in sufficient detail all the most important issues - including the procedure for determining guilt.

Today, the following institutions are responsible for determining guilt:

the insurance companies themselves - both the culprit and the victim;
traffic police - draws up a special scheme of the incident, and also determines the perpetrator on the spot, enters the relevant data into the protocol;
the court of the appropriate instance - the choice of a specific one is carried out based on the amount of the claim.

It is very important to pay maximum attention to the procedure for drawing up an accident scheme. Since it is on the basis of this document that an appropriate decision will be made.

This document is usually drawn up directly at the site of the accident itself. That is why it is the traffic police officer who has a significant influence on the establishment of the culprit.

But at the same time, the drivers themselves, as well as eyewitnesses, play a very important role, since it is from their words that the accident scheme and the rest of the accompanying documentation are drawn up.

When all the necessary documents have already been generated and transferred to the insurance company, the degree of guilt of a particular person will already be carried out by her. At the same time, the opinion of the insurer may differ significantly from the decision of the traffic police.

If, for some reason, the result of the consideration of the case simply does not suit any participant in the accident, it will be necessary to apply without fail to the world (claim up to 50 thousand rubles) or district (claim - more than 50 thousand rubles) court.

You should know that the decision made by the court has one feature - it cannot be canceled. But if necessary, you can try to challenge this document.

To do this, you will need to file a special cassation complaint. The situation when one of the participants in an accident for some reason does not consider himself guilty often arises.

What documents indicate

All drivers, even if they are not participants in a traffic accident, must necessarily familiarize themselves with the full list of all documents where the person responsible for the occurrence of the traffic accident is indicated.

The list of these documents includes the following:

a special protocol drawn up at the scene;
a protocol on an administrative offense;
a protocol describing the circumstances that are the basis for bringing to criminal responsibility;
- if all the conditions for its compilation are met;
traffic accident scheme;
a special accident form - insurance companies attach this document directly to the issued OSAGO insurance policy.

But it should be remembered that in some documents the culprit of an accident can be indicated only if he agrees with the very fact of establishing his guilt. For example, this is a European protocol, an accident form.

If a protocol on an administrative offense is drawn up, the participant in the traffic accident may not agree with it. To do this, it will be enough for him to sign and make a record - I do not agree with the protocol, I demand clarification of the circumstances.

If one of the participants in the accident does not agree with his guilt, he must do this with all documents where he is designated as guilty.

Since if a controversial moment really takes place, then agreeing at the scene with all the arguments of the policeman and another participant in the accident, it will be difficult to prove innocence in the future.

If the perpetrator of the accident does not admit guilt - what to do? In such a situation, the other participant in the accident must act in accordance with the instructions of the insurance company - draw up all the necessary documents and transfer them to the office of the insurance company as soon as possible.

It is advisable to make copies, as they will most likely be required later for the trial.

Procedure

Various kinds of accidents on the road are almost always controversial. If for some reason the perpetrator does not admit his guilt, the following procedure must be followed:

leave the car in its original position, do not move it;
turn on the alarm, put up all the appropriate signs;
call the traffic police, draw up all the necessary documents;
call representatives of the insurance company - if the accident is really serious.

After completing all the necessary procedures and indicating the fact that one of the participants in the accident does not agree with his guilt, it will be necessary to contact the traffic police directly.

Since it is the employees of this service who must decide on the issuance of an appropriate verdict, the recognition of someone guilty. Usually, the trial is scheduled after some time.

It is imperative that you bring the following people with you to the hearing:

witnesses of a traffic accident;
competent auto lawyer.

In this way, a lot of complications can be avoided. In some cases, traffic police officers offer to wait 2 months - after this period, it becomes impossible to initiate an administrative offense case.

But in this case, problems may arise with obtaining a compensation payment from the insurance company, since all documents must be submitted as soon as possible.

What to do if the perpetrator first pleaded guilty, and then refused

A traffic accident in most cases is a fairly large stress. This is especially true in situations where the accident is really serious.

In such situations, it often happens that one of the participants in an emergency that has arisen on the road admits his guilt, but then changes his position.

The motivation for this act can be very different. But the consequences are always the same - the guilty person writes a special statement of claim to the court.

In such a situation, the victim will need to act as follows:

collect all the required documents and make copies of them;
submit the required list of papers to:
- insurance company;
- judicial authority (global, regional - depending on the value of the claim).
to wait for the court session.

It must be remembered that the procedure for considering such cases sometimes takes quite a long time.

But what if the accused, who answers the question of the court: Yes, I agree with the charge, but I do not admit my guilt.

Legal scholars are divided on this point.

So, Alexandrov A.S., Dubovik N.V. believe that recognition of guilt is an important condition for the possibility of proceedings in a special order. If guilt is not recognized or is partially recognized, the judge is obliged to terminate the proceedings within the framework of Chapter 40 of the Code of Criminal Procedure of the Russian Federation and appoint a trial in the general manner. Aleksandrov A.S. Grounds and conditions for a special procedure for making a court decision with the consent of the accused with the charge.// State and Law. 2003. No. 12. Dubovik N.V. "Pleague Deal" and "Special Procedure": Comparative Analysis.// Russian Justice. 2004. No. 4

Petrukhin I.L. adheres to the same point of view, since he does not even focus on the differences in the formulations under consideration and uses them as equivalent. Pervukhin I.L. The role of the confession of the accused in the criminal process.// Russian justice. 2003. No. 2

Voskobitova L.A. draws attention to the possibility of agreeing with the charges brought without the obligatory confession of guilt. The accused declares only that he does not dispute the charges brought against him, but nothing more. Voskobitova L.A. Criminal procedure law of the Russian Federation. M., 2004. S. 540

Also, Associate Professor Veliky D.P. highlights the legal aspect of the topic. An admission of guilt may be the basis of an accusation. An admission of guilt made at the preliminary investigation stage, recorded in the prescribed manner and confirmed by other evidence, has a purely evidentiary value. At the same time, the accused, who admits his guilt, may not file a petition for a decision in a special manner. On the other hand, an accused who refuses to give any evidence at the preliminary investigation and, accordingly, does not speak out about his guilt, is not formally deprived of the right to file a petition for a special procedure. The logic is obvious: having familiarized himself with the materials of the investigation, the accused decided that it would be more profitable to use a special procedure, and in this case he must agree with the charge.

The confession of guilt has a material and legal significance, and the consent with the accusation is procedural.

Redkin A.V. draws attention to the following. In the case when the accused is charged by the bodies of preliminary investigation and he agrees with the accusation, this means that he admits that he committed a certain crime. A crime, as is known from the theory of criminal law, has its own composition: an object, an objective side, a subjective side and a subject. The subjective side of the crime is formed precisely by guilt, the forms of guilt of the subject of the crime.

Probably, everyone a person has ever quarreled with someone, and in the heat of a showdown, succumbing to irritation, resentment, annoyance and other similar unpleasant emotions, said insulting words to an opponent. And equally, most of us eventually began to feel guilty about what happened, because not only do we just feel that we said too much, but, moreover, what was said is completely unfair accusations and insults. A feeling of remorse and a desire to correct the situation take possession of us. But how can conflict be resolved? The easiest is to ask for forgiveness. Sincerely.

Closed door

However, on the way to good intention arises fears and apprehensions. The biggest one is that they will not forgive us, that it is no longer possible to return the former good ones. Your experiences are understandable and even do you credit, because they speak of your modesty. But do not lose hope for reconciliation. If you repented of your behavior, it means that you will already try not to repeat the mistake you made again. And if so, then you can be sure that, even if not immediately, you will earn forgiveness.

self esteem

Often for a truce to us hinders go our sense of self-respect and pride. Even the realization of the fact that you are to blame for the quarrel does not make the task any easier. On the contrary, the feeling of one's own mistake, along with the need to admit this mistake not only to oneself - all this is not very pleasant for conceit. You feel like you look humiliated. But you are by no means misinterpreting your feelings. You really feel annoyed, but not at all because you admit your mistake, but because you allowed yourself to make it. And the fact that you apologize to another person speaks of your strength and real respect for yourself. Therefore, do not let your weakness and misunderstanding of your feelings take precedence over respect and love for yourself.

How to say

At first it seems that everything enough simply. But it's not. Stop. No need to complicate reconciliation with your thoughts. Choose a moment when the one you are with is in a good mood and start a conversation with him. Say hello and immediately apologize for what happened. Say that you said something stupid in the heat of the moment, that you realized that you were wrong and sincerely want to make peace. But do not rush the interlocutor with a decision. Say you don't want to be in a fight. Most likely, you will be immediately forgiven, because no one likes to be with someone in a conflict situation, especially with loved ones. And once you admit your guilt, then why continue to sulk.
Sometimes it makes sense to reinforce your forgiveness with a gift - you can give a personal gift, and if possible, a whole business, so that a person does not have time to quarrel with you in the near future. For example, for a home or start-up business, you can purchase a pressotherapy device that allows you to perform medical professional massage with little or no effort of your own. On the one hand, pressotherapy is useful for any person, especially in the presence of diseases of the vascular system or such a cosmetic ailment as. Any representative of the fair sex will be happy to get rid of cellulite and have a personal professional massager in the form of pressotherapy.
If there is a desire, this device can serve not only for the benefit of your family and loved ones, but also by providing hardware medical massage services will allow you to earn. Naturally, such a gift will not only allow past disagreements to be forgotten, but also will not allow them to return - after all, the opening prospects will overshadow all past problems. Pressotherapy devices are available for purchase at professional beauty salon equipment sales centers. The supplier's website does not say anything about the possibility of delivery to the territory of Russia, therefore, in order to receive this gift to ask for forgiveness from a loved one, you will have to agree separately. After all, everyone benefits from this gift - your family, your offended spouse and yourself.
If it is not your spouse who is offended by you, then this option of asking for forgiveness should be borne in mind for the future.

If you are not to blame

Sometimes it happens that you don't guilty in a quarrel, but it depresses you, and you would like to somehow rectify the situation. But how can it be, because you should not apologize. However, do not rush to such conclusions. Since your conscience torments you, then most likely your share of guilt in the quarrel is, albeit not so obvious. And therefore, you need to tell your opponent the part of the apology that he deserves. Again, do not think that this will humiliate your dignity, on the contrary, you will win.

You are not forgiven

If in spite of everything attached Your efforts do not forgive you - do not be discouraged. Consider how this behavior corresponds to your fault, because sometimes it is not so easy to forget an insult. And if your words or actions caused another person severe pain, then you should not be surprised at his offense. And here only time will help you, which will erase your misdeed somewhat from your memory, and your repentance. But if a person pouts at you because of a trifle, thereby prompting you to repent further, this already looks like an attempt to manipulate your feelings, which should not be condoned. You asked for forgiveness, you repented, and then wait. If a person plays on your feelings, it means that you are important to him, and if so, then he will not want to stay in a quarrel for a long time and after your apology he will soon want peace.

To not repent

From all of the above, it begs conclusion that it is not necessary to bring the showdown to a boiling point, insults and insults. Why humiliate another person and yourself. If they do not understand you, postpone the conversation for another day, if you have been offended, say so directly, without witticisms and mockery. Try not to say words that you will regret and not do things that you will have to repent of. And warn other people against it.