In the Code of Criminal Procedure and the Criminal Code, the term “criminal liability” is actively used. This concept is often used in investigative and judicial practice, theory and everyday life. In the article we consider the concept and types of exemption from criminal liability. There are several approaches to its definition.
What is meant by criminal liability?
The theory of criminal law, this institution is considered in two aspects: the positive and the opposite - negative. In the first case, it is defined as a form of negative reaction of the society to unlawful behavior, which consists in applying certain sanctions against the specific person who committed the crime. The positive aspect implies the absence of violations of established requirements.
Criminal liability should be understood as a special type of legal liability established by law for the commission of certain crimes and occurring for persons who committed them. It is implemented through one or another type of punishment after a corresponding court verdict.
The concept of exemption from criminal liability and nature
Based on the principles and tasks defined in accordance with them, it follows that the state’s response to the violation of the prohibitions established by it should be inevitable, but at the same time flexible. In this case, it will be possible to avoid excessive criminal repression or unreasonable restrictions on legitimate interests and rights. In this connection, it is often more correct and rational (humane and fair) solution to implement less rigid forms of such a reaction. In this case, we can talk about the concept of exemption from criminal liability. Its specificity lies in the fact that the investigating authorities, the prosecutor or the judge are not sentenced against the person who committed the crime under the conditions defined by the criminal law, the person acquires the status of “not having a criminal record”. However, this does not mean his innocence or absence of corpus delicti in this case. He is not exempted, including from civil liability, the obligation to bear legal costs, probable administrative or disciplinary punishment, public conviction and punishment. In this case, the state does not refuse to prosecute the guilty person, but only applies more appropriate and lenient measures to it.
Types of exemption from criminal liability
The types listed below are determined by a separate article: reconciliation with the victim, repentance, expiration of the statute of limitations. There are also specific grounds that are regulated in the notes to a number of articles of the Criminal Code of the Russian Federation. The concept and types of exemption from criminal liability includes, inter alia, amnesty and the use of coercive measures against a person who has committed a crime before reaching the age of 18 in the form of educational influence.
Active remorse
All types of exemption from criminal liability in practice are applied in accordance with the articles of the Criminal Code of the Russian Federation, in this case, art. 75. The bottom line is that a person who has committed a crime of a small degree of gravity or medium for the first time can be exempted from criminal liability if there have been: appearance (necessarily voluntary) of guilty plea, assistance in the investigation, redress or other way to make amends before the victim. The application of this measure is possible if there are several conditions. Firstly, the crime must be committed for the first time by this person, either if there was a criminal record, but it was withdrawn or extinguished, or if the person had already been released from criminal liability. Secondly, a small or medium severity of the act. Thirdly, exemption from criminal liability applies with active repentance. This refers to the commission of certain, specific actions that indicate that the person regrets and confirm the removal of the status of public danger of the act. This, as already mentioned above, surrender, voluntary assistance to the investigating authorities and the court to establish the circumstances of the (actual) crime, etc. Moreover, the mandatory condition for the application of active repentance is the presence of all circumstances according to the first part of Article 75 of the Criminal Code of the Russian Federation.
For these reasons, exemption from criminal liability is final, irreversible and unconditional, under no circumstances can it be canceled.
Reconciliation with the injured party
It is possible to exempt a person from criminal liability for committing a crime of minor gravity or moderate in the event that he reconciled with the victim and the harm done to him was made up. The basis in this case will be the totality of all conditions. The first two are similar to the previous case. A specific condition is the real reconciliation of the parties and compensation for harm (moral and / or material). The initiative in this case may come not only from the accused person, but also from the victim and other persons, including investigative or judicial authorities. However, they are not obliged to do this without fail. On the basis under consideration, the release of a person from criminal liability is not an obligation, but the right of investigative or judicial authorities. In this regard, another necessary condition arises. The relevant enforcement authorities must recognize, on the basis of the case file, the appropriateness of the action.
Statutes of limitations
According to the norms of the Criminal Code, exemption from liability on this basis is possible in cases where the following has passed since the date of the commission of the criminal offense:
- 2 years (of minor severity);
- 6 years (for moderate severity);
- 10 years (for severe);
- 15 years (for especially severe).
According to the general rules regarding the calculation of time limits, the statute of limitations for exemption from criminal liability should be considered from 00:00 o'clock in the afternoon, following the day in which the criminal act was committed, and until 00:00 on the last day of the term. However, you need to keep in mind several nuances. The limitation period shall be suspended when the person who committed the crime is hiding from the investigating or judicial authorities, and is resumed from the moment of his actual detention or voluntary surrender.
Grounds for release
The conditions for exemption from criminal liability of this type are formed from the totality of formal legal conditions listed in the law and are based on an actual (material) basis. Let's say more about each. Legal conditions include:
- expiration of the period established by the legislator and depending on the category of crime;
- there are no circumstances preventing the statute of limitations (the person who committed the crime did not evade the investigation and the court, but was not prosecuted).
Under the material or factual basis is understood the presumption of the legislator, expressed in the conditions listed above. It consists in the fact that the person who committed the crime, was not brought to justice on time and leads a law-abiding lifestyle in the future, the danger to society over time loses partially or completely. In this regard, the need for sanctions on him disappears.
On the basis under consideration, exemption from criminal liability (Criminal Code of the Russian Federation) is recognized as unconditional, irreversible and final, it cannot be canceled under any circumstances.
Application Issues
One of the most important points is information about who should deal with this issue. This action on the basis considered in all cases is a direct responsibility of law enforcement agencies. Of all the rules there is an exception. Exemption from criminal liability (RF Criminal Code, in the fourth part of Article 78) for persons found guilty of crimes punishable by deprivation of liberty for life or the death penalty is not mandatory, no matter how much time has passed since the day they were committed. The application of the statute of limitations to such persons is dealt with by the court. He takes into account the identity of the perpetrator, the severity of the criminal act, the period of time that has expired after its commission, and other circumstances.
Any domestic law is interconnected with international law. So, article 78 of the Criminal Code of the Russian Federation in part five establishes another exception regarding the statute of limitations: for persons who have committed dangerous crimes directed against humanity (peace and security), they do not apply.
Amnesty
The definition and questions of its application to persons convicted of crimes are regulated by Article 84 of the Criminal Code of the Russian Federation. In its original meaning, translated from Greek, the concept of “amnesty” means oblivion or, in other words, forgiveness, which grants power. The concept and types of exemption from criminal liability includes this act of state power (legislative). It is published in relation to an indefinite circle of persons who have committed a criminal act. According to the amnesty act, they can be released from punishment (or it is mitigated, replaced by another, and for those citizens who have served it, a criminal record is removed) or criminal liability. This document is announced by the State Duma of the Federal Assembly of the Russian Federation. Amnesty by its nature is a complex institution of law.
Pardon
It has several fundamental differences from the act of amnesty. Firstly, the pardon is carried out only in relation to a specific person. Secondly, only the President of the Russian Federation has the authority to do so. The pardon is not normative, it is an act of law enforcement. Its effect applies only to certain persons directly indicated in it.
The problems of exemption from criminal liability under the act of pardon are interdisciplinary in nature, it includes criminal law, constitutional law, criminal procedure and executive aspects.
Unlawful exemption from criminal liability
In criminal proceedings, one of the main tasks is the complete and quick disclosure of crimes in order to expose the perpetrators and apply fair punishment against them. In this regard, the unlawful exemption from criminal liability acquires significance. The Criminal Code of the Russian Federation in article 21 imposes certain duties on the investigation bodies and the prosecutor. They consist in criminal prosecution upon detection of evidence of a crime. The method of release is the issuance of a decision to dismiss the case under article of the Criminal Code of the Russian Federation or refusal to initiate it.
Thus, the unlawful exemption from criminal liability threatens, undermines the basic principles of the fight against crime, and conflicts with the postulate of the inevitability of punishment. As a result, all this together violates the normal functioning of the judiciary.
Having examined the main issues on the topic “Concept and types of exemption from criminal liability”, we can confidently say that this is a significant institution of this branch of legislation. It requires careful study and improvement in accordance with international law.