The Preclusive and Conclusive Effects of Prosecutor’s and Investigator’s Decisions on Termination of Criminal Prosecution and Dismissal of Criminal Proceedings in Criminal and Civil Procedures

Abstract

This paper is devoted to the analysis of the intra-branch effects and interbranch effects within the framework of civil proceedings of prosecutors’ and investigators’ decisions on the termination of criminal prosecution and dismissal of criminal proceedings at the pre-trial stage, as well as issues related to the use of criminal case materials as evidence in civil proceedings.

Based on theoretical sources, legislation, and judicial practice, the paper examines the interrelationship between the concepts of preclusive effect, conclusive effect, res judicata, and non bis in idem. It identifies the preclusive nature of decisions on the termination of criminal prosecution and dismissal of criminal proceedings and substantiates the absence of their conclusive effect in both criminal and civil proceedings.

Particular attention is given to the possibility of using the aforementioned decisions, as well as other materials of criminal proceedings, as evidence in civil litigation and to the limits of their evidentiary admissibility and probative value.

Based on the conducted research, the authors present several theoretical and practical conclusions that may serve as guidance for clarifying the limits of interaction between criminal and civil proceedings, determining the boundaries of evidentiary value of criminal case materials, and contributing to the further development of judicial practice.