There are times when knowledge of one’s rights before state law enforcement agencies is mandatory. In this article we will consider circumstances that exclude legal liability, as well as criminal and administrative liability.
Legal responsibility
The meaning of legal liability: violation of the rules defined by the state, and the subsequent enforcement of the requirements of the law (according to legislative acts on the situation), the application of certain sanctions against the violator by the competent authorities. In this case, the concept of sanction is intended to compensate for forfeit and losses caused to another person, as well as criminal (in the form of imprisonment) or administrative liability (disciplinary punishment, etc.). Any offense (including administrative and criminal) in this case entails a charge and subsequent determination of the circumstances of the case, investigation. At this stage, circumstances that exclude legal liability are determined. It can be: the insanity of the offender, his uncontrolled state, mental illness (schizophrenia; dissociative personality disorder; different types of hallucinations: auditory or visual). In this case, the subject is placed in a hospital, which is not a legal liability. In addition, the legislation of the Russian Federation determines a number of circumstances that, upon careful consideration of a case, relieve a person from liability. Namely: self-defense; extreme need; violation committed under the physical / mental influence of third parties; actions taken to detain a specific criminal offender; actions performed under orders or orders of third parties.
Criminal liability circumstances
Criminal liability means the application of more stringent criminal legal measures against the violator, which are prescribed by law. In this case, the sane person who committed the crime is punished in accordance with the measures provided for by the Code of Criminal Procedure. Moreover, circumstances that exclude legal liability are a more extensive list than criminal ones. This includes: actions of a person performed for self-defense, as well as actions of a person performed in case of emergency. In the first case, the position of the accused at the time of the crime is taken into account: whether it was self-defense against violence or the threat of violence. At the same time, law enforcement agencies are considering whether self-defense actions have been exceeded. In the second case, law enforcement agencies determine how hopeless the situation was, that is, whether the threat to life was a greater evil than the compelled emergency actions carried out by the accused person.
Circumstances Excluding Administrative Responsibility
The list of subjects exempted from the appropriate punishment includes juvenile offenders, as well as insane persons (psychological, mental disorders). In addition, in this case, the reasons why a person can be released from liability are also highlighted. Namely: the need to implement violations, as well as actions committed for self-defense. However, it is worth saying that circumstances excluding legal liability (as well as criminal and administrative liability) are carefully considered by law enforcement agencies. And if you try to just “get out” of the situation, then you are wasting your time. Moreover, deception will be regarded as an aggravating circumstance.