general information
Written documents that serve to record the termination of rights and obligations have legal significance. For such a fixation to be meaningful, the document must contain some substance. This must be evidence or, a kind of semantic “formula”, according to which the composition of the legal relationship is determined - a set of provided rights and obligations, an indication of the persons for whom they exist, the characteristics of such rights and obligations and the words “I have no claims”. If everything is drawn up correctly, such a legal form serves as a reliable defense against any claims and claims, confirming the absence of unfulfilled obligations and demands.
Statement by the victim to terminate the criminal case
1. Article 158 part 2 b the case has already been brought against 3 persons, but without prior agreement.
In the case, the victim claimed damages. 13 thousand rub. In order for him to write a statement to terminate the criminal case, he asks the swindlers for 100 thousand.
rubles from each. Does it make sense to pay the victim that kind of money, or can you just pay the claimed damage if all the suspects pay a court fine?
1.1. Good evening! It’s better, of course, to find a common language with the victim, but in this situation I think he asked too much. Since no court will satisfy demands in such a volume (moral damage). If the perpetrators are brought to trial for the first time, there is every reason to get off with a fine or other punishment not related to imprisonment.
Therefore, I consider it inappropriate to satisfy the victim’s demands to such an extent.
2. I am a defendant under Article 158. Part 2, there is an agreement with the victim, the case is in progress, the victim will be absent during the trial, is it possible to write an application to terminate the case to the court?
2.1. If the criminal case against you is being investigated by an investigator, then the victim cannot write any statements to the court.
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2.2. You have your own lawyer, why don’t you decide with him? Strangely, nothing can be done without the victim. 3. This question is if the victim writes a statement to terminate the criminal case in connection with the reconciliation of the parties since the damage was compensated and he has no claims.
Samples of petitions, complaints, speeches of the defense lawyer (debate) in criminal cases
In the example given, the defense attorney asks to order a fingerprint examination to establish the presence of fingerprints on drug packages seized during the search and to verify that these traces belong to the defendant. The subject's insanity excludes criminal liability, and the defense attorney is obliged to reveal it. However, a significant number of people have mental disorders that do not exclude sanity, or psychological characteristics that determine their predisposition to commit a crime.
This information about the identity of the defendant must also be identified in a timely manner for the court to take into account when assigning punishment.
In addition, psychological characteristics, often bordering on mental disorders, do not always allow the defendant to adequately participate in investigative actions and the trial. Every lawyer knows that some people are prone to inappropriate fantasies, even to the point of self-incrimination. Even adult offenders, during interrogation, are sometimes unable to distinguish events that actually occurred from the circumstances reported to them at a later time or from the versions they themselves came up with.
The frequency of such disorders increases again in old age. To examine persons who are not in custody, it is best to invite a psychiatrist, a psychologist or a psychiatrist with additional qualifications as a psychologist at the preliminary investigation stage.
Receipt when an obligation arises
The first type includes receipts that confirm the facts or actions by virtue of which or in connection with which an obligation arises - for example, receipts associated with the receipt of advances against the fulfillment of future obligations. A receipt for partial payment for the purchase and sale of real estate is widespread, when in this way the parties confirm the beginning of the obligation - the seller, having received an advance payment, binds himself with an obligation not to negotiate the sale with third parties, and begins to prepare the documents necessary for concluding a notarial agreement and re-registration rights, the buyer, in turn, becomes a creditor in relation to the amount paid, has the right to demand its return (sometimes along with the agreed penalties) if the contract is not concluded for reasons related to the seller.
When borrowing money, the borrower usually writes out and gives to the lender a receipt for the loan, which specifies the agreed terms of the loan, including the repayment period. Such a receipt, in essence, is a loan agreement drawn up in simple written form:
“I hereby confirm that I, Dolzhnikov Ivan Ivanovich, received, as a loan, from Kreditorsky Petr Petrovich a sum of money in the amount of 1000 (one thousand) rubles. I undertake to repay the loan amount received no later than September 1, 2018. Date, full name, signature.”
How to write a statement to the victim that he has no complaints?
Hello, please tell me how the victim can write a receipt that he and his mother have no claims against me, I paid for the treatment and moral damages. Am I being charged under the article “attempted murder”? Thank you. September 15, 2020, 17:08, question No. 1378727 Mark, St. Petersburg Free assessment of your situation
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How to write a statement to the victim that he has no complaints?
Moscow Collapse Online legal consultation Reply on the website within 15 minutes Answers from lawyers (2) 4463 answers 4789 reviews expert Chat Free assessment of your situation Lawyer, Moscow
Hello, please tell me how the victim can write a receipt stating that he and his mother have no claims against me, I paid for the treatment and moral damages. Am I being charged under the article “attempted murder”? Thank you. Mark You need to contact your defender and he will be happy to dictate the text, especially since it is not complicated.
There is a special section on the project where they ask for documents to be drawn up. In addition, you can make the same request via chat to any lawyer or lawyer. September 15, 2020, 07:31 pm 0 0 331 replies 32 reviews Chat Free assessment of your situation Lawyer, city.
Ekaterinburg Free assessment of your situation The receipt is written by hand, in simple written form with a content that is understandable to you, stating that material damage and harm have been fully compensated, there are no claims from victims! This has significant implications for the criminal case and significantly reduces the sentence! 22 September 2016, 19:31 0 0
How to draw up a statement under Part 1 of Article 111 of the Criminal Code of the Russian Federation from the victim about the absence of claims?
My nephew was put in a pre-trial detention center for a fight with drunks right next to a private house while he was given 2 months of arrest. What else can be done to get him released?
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09 September 2020, 14:05, question No. 1747265 Peter, Mr.
Kyzyl Collapse Online legal consultation Reply on the website within 15 minutes Answers from lawyers (2) 2551 answers 909 reviews Chat Free assessment of your situation Lawyer, Perm Free assessment of your situation Hello! Why do you need such a statement? Part 1 Art. 111 of the Criminal Code of the Russian Federation belongs to the category of serious crimes, and therefore termination of the criminal case by reconciliation of the parties is not possible.
Mitigating circumstances are: Criminal Code of the Russian Federation, Article 61. Circumstances mitigating punishment 1.
Mitigating circumstances are recognized as: a) the commission of a crime of minor or moderate gravity for the first time due to a random combination of circumstances; b) the minority of the perpetrator; c) pregnancy; d) the presence of young children with the perpetrator; e) the commission of a crime due to a combination of difficult life circumstances or on the basis of compassion; f) committing a crime as a result of physical or mental or due to financial, official or other dependence; g) committing a crime in violation of the conditions of legality, detention of the person who committed the crime, extreme necessity, reasonable risk, execution of an order or instruction; h) illegality or immorality behavior of the victim, which was the reason for the crime; i) confession, active
Receipts upon termination of obligations
Another type is receipts associated with the termination of an obligation - when the issuance of a receipt accompanies a full settlement between the parties and is confirmation that the creditor has no claims against the debtor.
Such receipts, in turn, can arise from contracts, as well as from tortious obligations - causing harm.
In the first case, we are talking about documentary evidence of the absence of claims by the party to the contract who accepted the performance. Such receipts rarely take the form of a separate document; most often, the words “I have no claims” are included in the text of the document confirming the fulfillment of the obligation - an invoice confirming receipt of goods by the buyer, an act of return of property from rental use, an agreement to terminate the contract. Such a receipt, being part of a legal document, may have a “mutual” form: “By signing this document, the parties confirm the absence of claims against each other.”
Legal meaning of a no-claims receipt
A no-claims receipt is an additional agreement drawn up as an annex to the main agreement (written or oral).
In the receipt, the parties confirm the proper execution by both parties of the main agreement, changes in its terms or termination of obligations under it.
In case of violation of obligations, the receipt has legal force and will be essential evidence in court.
From a legal point of view, a no-claims receipt accompanies the contractual relationship and is a guarantee that the parties are satisfied with the provisions of the main contract.
The purpose of the receipt is to reduce the likelihood of one of the parties to the agreement going to court , although it does not bring this probability to 100%, since additional circumstances may always come to light that were not taken into account when drawing up the receipt.
Some practical notes
When drawing up a document containing a receipt “I have no claims,” you must be extremely careful about whether such wording corresponds to the scope of the obligation, the fulfillment of which is confirmed by the document. For example, at the initiative of the lessor, the parties agreed to terminate the lease of the premises early. At the same time, the landlord obliged to pay the tenant compensation in the agreed amount, but at the time of returning the premises from the lease he had not yet paid.
A serious legal flaw would be when drawing up an act (acceptance and transfer) of returning the premises from rental use to include in it the phrase “the parties have no claims against each other”, since on the part of the tenant the opposite is appropriate - after all, the landlord has not yet paid the due compensation. Therefore, the provision must be rephrased in accordance with the scope of execution, which is directly confirmed by the document. For example: “The Lessor has no claims against the Tenant.” Or, taking the side of the landlord, if the tenant, in turn, has another obligation to him (besides the return of the premises), it is advisable to further “narrow” the scope of performance. Then the expression may take, in particular, the following form: “The Landlord has no claims against the Tenant in connection with the condition of the returned premises.”
Grounds and procedure for filing an application
Before drawing up a petition, you should once again recall the grounds on which reconciliation is permissible by law:
1. At the time of the commission of the crime, the perpetrator must not have previously been convicted. The fact is that the law provides a “benefit” in the form of termination of the case only for citizens brought to criminal responsibility for the first time.
In practice, situations arise when a person has not yet been convicted of a previous crime or has already been convicted, but the sentence has not entered into legal force. Let us remind you that only someone who has been declared guilty by a court verdict that has entered into legal force can be considered guilty. The Supreme Court of the Russian Federation, in its explanations, indicated in detail that if there is a charge brought, but not confirmed by a verdict, the person is considered unconvicted - this means that reconciliation for a repeat crime is possible.
Debt repayment receipt
A receipt is of utmost importance when confirming the repayment of cash loans. The debtor, when repaying the debt, has the right to demand, and the creditor is obliged to provide him with, a written receipt of their receipt, the essence of which boils down to an indication of the return in whole or in part of the amount of the debt:
“I hereby confirm that a sum of money in the amount of 1000 (one thousand) rubles. received from Dolzhnikov Ivan Ivanovich as repayment of a debt. I have no complaints. Date, full name, signature.”
If, upon receipt of a loan, the debtor issued and issued to the creditor a debt document (receipt receipt), when the loan is repaid, it must either be destroyed or returned to the debtor.
Statement that I have no complaints
Please tell me, my husband is accused under Art. 158 part 2 p.V. If the victim writes a statement that he has no complaints, what will happen to the accused? And is it possible to somehow stop this case altogether. The husband is a repeat offender. 4 months free. Thank you! November 17, 2014, 18:58, question No. 619908 Evgenia, Rostov-on-Don Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (2) 153 answers 72 reviews Chat Free assessment of your situation Lawyer, Mr. .
Moscow Free assessment of your situation In accordance with Art. 25 of the Code of Criminal Procedure of the Russian Federation, the court, as well as the investigator with the consent of the head of the investigative body or the investigator with the consent of the prosecutor, have the right, on the basis of a statement from the victim or his legal representative, to terminate a criminal case against a person suspected or accused of committing a crime of minor or medium gravity, in cases provided for in Art. . 76 of the Criminal Code of the Russian Federation (in case of reconciliation with the victim).
The key word here is "may", BUT not obligated. Therefore, in order to terminate a criminal case during the preliminary investigation, it is necessary for the victim to file a petition to terminate this case in connection with the reconciliation of the parties, and here you could attach a receipt that will indicate compensation for material and moral damage.
If the case is referred to the court for consideration, then it will also be absolutely necessary to file a petition with the victim in court.
Based on one receipt, the court can only mitigate the punishment, but not dismiss the case.
Receipt from tortious obligations (harm)
It is necessary to highlight such receipts in a special way, since they are widely used as written documents drawn up in case of an accident. A receipt can be issued as confirmation of the fact of causing damage, which is voluntarily recognized by the culprit of the accident.
The receipt also formalizes the payment of the agreed amount of damage caused as a result of a traffic accident. In what cases should a document contain the phrase “I have no complaints”? The sample receipt presented below will help you compose the document correctly:
Who can declare reconciliation
According to the law, the injured party can request this. It would seem that everything is simple - if there is a victim in the case, based on his application (petition), a decision can be made to terminate the case. At the same time, he will need to justify his appeal: to what extent the damage was compensated, whether an apology was made, the damage was made up for in another way (for example, assistance was provided in something, etc.).
At the same time, in practice some conflicts arise, which are resolved in each case individually, for example:
A fatal accident has occurred, the victim is dead
In this case, according to the norms of the criminal procedure law, a representative of the victim, one of the relatives, participates in the case. Such a representative has almost all the rights that the victim would have if he were still alive. At the same time, an application from the representative of the deceased for reconciliation with the culprit of the accident may not be satisfied, even in the case of compensation for damage in a fairly large amount.
Sample receipt for division of jointly acquired property
There is no approved form for the receipt; it can be written in any form. The main requirement is that the information must be as complete as possible and meet the basic requirements for legal documents.
Example:
Receipt for division of property
Moscow
03/15/2018
Citizens Ezhikov I.I. and Ezhikova S.S., marriage registered on June 1, 2011 in the registry office of the Central District, decided to divide the common property in accordance with Art. 38 SK under the following conditions:
- Common property is:
- 3-room apartment at st. Lenina, 12 Certificate of Rosreestr No. 00000000 dated 06/06/2014
- A dacha plot of 0.8 hectares in the Zvezda residential complex. Cadastral number 123456789. Rosreestr Certificate No. 000000 dated 08/18/2012.
- The car is a Lada 2013 model. Technical passport 000000.
- Deposit in Tinkoff Bank account No. 000000 in the name of S.S. Ivanova. in the amount of 1,300,050 rubles.
- Jewelry: gold necklace weighing 10 g with a 5 carat diamond.
- The parties agreed to the division of property as follows:
- The apartment is transferred to I.I. Ezhikov.
- Transport, jewelry, summer cottage, deposits remain the property of S.S. Ezhikova.
- The property is transferred to the parties in accordance with the established procedure.
- Registration of rights to movable and immovable property must occur within 90 days after the conclusion of the contract.
- The parties guarantee that the property is not pledged to the bank, is not under arrest, is not donated or sold to third parties.
Ezhikov I.I. _________(signature)
Ezhikova S.S. _________(signature)
