The fight against crime is one of the main tasks of the state. A person who has committed a criminal act is obliged to undergo coercive measures, which are manifested in the form of any personal deprivation of the offender. But, despite this, in some cases, the legislator provides for moments when a person can be released from punishment.
Definition of a concept
Exemption from criminal liability implies a certain set of conditions that indicate a reduced or lost danger of a committed act, which allows you to conditionally or unconditionally terminate the process of preliminary investigation, inquiry or trial.
The exclusion of punishment is possible only from the moment of initiation of criminal proceedings until the sentence comes into force.
Grounds for exemption from criminal liability
The exclusion of punishment includes signs that:
- They are essential for applying the exemption rule.
- They characterize both the crime and the identity of the offender at the time the criminal act was committed.
- The inextricable link between the norm and the basis for the release of the subject from punishment is determined.
Analyzing the norms of the Criminal Code, it should be noted that the grounds for exemption from criminal liability arise in the case of:
- low risk of crime;
- relatively low level of danger of the act.
Types of liability exemptions
The legislation of the Russian Federation provides for the following types of exemption from criminal liability:
- in case of reconciliation of both parties;
- after the expiration of the limitation period;
- in case of remorse of the subject who committed the crime;
- based on the decree on amnesty;
- due to a change of scenery.
Exemption from liability based on active remorse
Active repentance is the behavior of the guilty, aimed at smoothing or reducing the harm caused by the crime.
Exemption from criminal liability is possible only if the crime after active swaying has ceased to be socially dangerous. In accordance with current legislation, a person who has committed a criminal offense of medium or small gravity may be exempted from liability in the event of voluntary surrender or assisting in the disclosure of the crime, as well as subject to compensation for damage.
A confession is expressed not only in the voluntary repentance of a person by applying to the law enforcement authorities, but also serves as a reason for initiating criminal proceedings. A confession will release a person from punishment only if, at the time of the application, the law enforcement authorities were not aware of the crime.
Active disclosure of a crime consists in the following actions:
- Contacting law enforcement with sincere recognition as well as giving evidence at confrontations and interrogations.
- Voluntary participation in search activities, which are aimed at establishing legally significant circumstances in the case.
Compensation for damage that may occur in the following forms:
- indemnification in kind;
- monetary compensation for losses incurred;
- restoration of damaged property on its own (for example, car repair).
Exemption from criminal liability in this case is only possible in relation to persons with extinguished criminal record or those who have not committed a crime before.
Exemption from punishment is carried out by the prosecutor, court, investigator and interrogating officer.
Exclusion of punishment in connection with the reconciliation of the parties
According to the law, a person who has committed a criminal act for the first time is exempt from liability in case of preliminary reconciliation of the parties.
In this case, exemption from criminal liability is possible only if such conditions exist:
- the committed act belongs to the category of crimes of light or medium gravity;
- the guilty and the victim made concessions on reconciliation (in this case it is important to know who the initiative came from);
- the guilty party compensated the victim for the losses.
Exemption from criminal liability is expressed in the form of law, not obligation. This means that subjective and objective circumstances that reflect the degree of danger of the act, as well as the appropriateness of releasing the offender from responsibility, must be taken into account.
Reconciliation motives should also be thoroughly investigated. If any pressure was exerted on the victim, the reconciliation of the parties will be deemed invalid.
Exemption from liability after limitation period
By the word “prescription” the legislator means a certain time period elapsed from the moment of the crime, due to the expiration of which there is a complete release from criminal liability.
The Criminal Code provides for the following limitation periods:
- two years - for acts of small severity;
- six years from the date of the crime of moderate severity;
- ten years for an especially grave act;
- fifteen years after the implementation of a particularly serious act.
Dates begin to be calculated from the moment the act is committed until the court decision directly enters into force. If a person has committed a new crime, the statute of limitations on it will be calculated independently. The flow of time is suspended if the person intentionally evades the court or the investigation, and is resumed from the day of the person’s detention or at the time of his confession to the police department.
Criminal liability will be effective only if it occurs immediately after the commission of the act. The expiration of time does not mean that the act has lost its criminal characteristics, but the more time passes from the moment the action is committed, the more the public danger of the action loses its significance. In this case, it must be remembered that exemption from punishment is not a right, but an obligation. After the deadline, the authorized person terminates the criminal proceedings on the basis of applicable procedural rules. If the fact of expiration of the deadlines was established before the initiation of criminal proceedings, in this case, the case is not subject to initiation.
The issue of applying statute of limitations is decided in court. There is a certain category of criminal acts, after the commission of which the public danger does not lose its force. In such cases, exemption from punishment by statute of limitations is not possible.
Exemption from punishment - special types
Special types of exemption from criminal liability are contained in a special part of the Criminal Code.
By their nature, they can be divided into the following groups:
- in connection with a change of scenery;
- on the basis of a pardon or an act of amnesty;
- in connection with the act, which was of a forced nature.
Disclaimer
Exemption from criminal liability applies to the person who committed the crime for the first time.The subject is released from punishment if it can be established that, due to a change in situation, the committed act ceased to be criminal in nature. These types of crimes include reckless as well as deliberate actions, sanctions for which do not exceed five years in prison.
A change in environment is assessed as a basis for exemption from liability. If the prosecutor, court, investigator or inquiry bodies conclude that the change in the situation has led to the loss of public danger of the action, this will serve as an occasion to terminate the criminal proceedings in the case.
Until now, the concept of exemption from criminal liability due to a change in the situation has not been disclosed. Based on the prevailing practice, such changes can be varied and relate to a wide range of events, acts, as well as phenomena (changes in the economy, socio-political sphere or in interethnic relations).
All of these relationships should have a significant impact on the assessment of criminal acts and the identity of the perpetrator. The situation should confirm that the offender does not constitute a danger to society, and the committed act no longer has harmful consequences and does not change the typical legislative assessment of this crime.
Exclusion of punishment based on an act of amnesty or pardon
Based on the amnesty, punishment can be waived in whole or in part. Such a legislative act is applicable to a certain category of persons, and is never indicated individually.
Amnesty is understood as an act issued by the highest legislative authority, which by its nature does not amend the criminal law and does not question the validity and legality of the court’s decision, but simply aims to mitigate the punishment for a certain circle of people.
In the event of an amnesty, criminal liability may be waived in whole or in part. It is also possible to apply another, milder punishment as a sanction, or to terminate the criminal proceedings in the case.
A pardon differs from an amnesty in that it is aimed at changing the punishment specifically for one person. Amnesty is normative in nature, and in its instructions it always refers to a group of subjects or a whole series of crimes.
It should also be noted that amnesty involves the forgiveness of the convicted person as a person, and not condescension to the crime committed. Consequently, the law establishes the provision that if a person refuses to admit his guilt, the application of an amnesty act against him will be unacceptable. In such a situation, the proceedings will continue until the conviction or acquittal.
Release of minors from criminal liability
Legislatively stipulated that persons aged 14 to 18 years are considered minors. This age is specified in order to establish a framework in which a minor can be held accountable and be exempted from it. By setting such age restrictions, the legislator proceeds from the subjective and objective prerequisites for the formation of a teenager as a person, his volitional qualities, and also consciousness.
If a teenager has committed a crime for the first time, in accordance with the law, he will be exempted from liability and will be subject to educational measures. The committed criminal acts have special distinctive features arising from the psychological and volitional qualities of a teenager, as well as by one measure or another affecting the social danger of their actions.
In the criminal actions of minors, personal qualities that are characteristic of this age are manifested. Thus, in determining the measure of punishment, particular importance is given to mitigating and aggravating circumstances.The question of the abolition of punishment is decided by the prosecutor or investigator.
The conditions for exemption from criminal liability imply the replacement of the sanction with an educational measure. The legislator provides for several types of educational impact, which together form a certain system aimed at increasing sanctions against a teenager. This means that during the first criminal act the punishment will be the most lenient, and in case of relapse the sanction should be tightened.
Coercive educational measures are not criminal penalties and by their nature do not give rise to criminal records. The most loyal punishment for minors is a warning. More stringent will be considered the transfer under the supervision of parents or persons who replace them.
Also, a court decision may limit the leisure of a minor and establish special requirements for his behavior. More specifically, restrictions may be imposed on the right to leave the house after a certain time of day, a ban on traveling to another location without prior permission from authorities.
Compliance with the prescribed educational measures is considered a necessary condition for the release of the subject from responsibility.
Unlawful release from punishment
Unlawful exemption from criminal liability - article 300 of the Criminal Code of the Russian Federation. This type of action can be implemented through an action that involves the unlawful release of a person from liability. Such type of crime can be committed only at the stage of pre-trial investigation.
An exemption from liability is unlawful only when a person suspected or accused of criminal activity is able to avoid negative consequences on the basis of the actions of an investigator, prosecutor or person who conducts an inquiry carried out in violation of the criminal law established by law.
The following shall be considered legal grounds for exemption from punishment:
- The absence of a criminal act.
- Lack of corpus delicti.
- Adoption of an act of amnesty, which cancels the punishment for a committed act.
- If the person is not yet 14 years old.
- In the absence of complaints from the victim.
- In relation to the subject in relation to whom the court sentenced to terminate the proceedings.
- In relation to a person who has an unaltered decision to terminate proceedings on the same charge.
- In relation to the clergy who refused to testify, which became known from the confession.
Illegal exemption from criminal liability is characterized by a mandatory feature, which is expressed in the means of committing the crime, namely, in the decision to terminate the proceedings.
This crime is considered completed after a decision has been made in respect of a particular person. It should also be noted that the crime of unlawful release of a person from punishment is characterized by direct intent on the part of the attacker.
Conclusion
In conclusion, it should be noted that exemption from punishment is presented in the form of a court refusal to pronounce a sentence in a case. When deciding on the termination of proceedings and the release of a person from responsibility, it is necessary first of all to carefully study the circumstances of the case that are directly related to the committed act, as well as comprehensively analyze the offender, paying special attention to his personal qualities at the time the crime was committed and after the onset of negative consequences.
