The statute of limitations on economic crimes is a very important aspect in criminal law. It plays an important role in matters of responsibility for committed acts, as well as exemption from it. Any crime, including economic crime, has terms that are general and significant for any of them.
The concept of economic crime
Economic crimes are considered the most dangerous in matters of causing damage to the state. They are defined as an act implying an encroachment on the economic system of the state using various legitimate and illegitimate financial transactions and managerial powers and rights out of mercenary motives.
Of course, like any other crimes, economic ones have different degrees of severity, and also depend on the type of activity carried out by the subject of the act. There is no general concept enshrined in the law, there are several points of view of theoretical scientists what it is, but the definition in the most general form sounds and applies as it was said above.
Classification
Types of economic crime are very diverse. The first classification is the categorization of acts in the economic sphere. There are crimes of small gravity and medium, which is logical, also grave and especially grave, which are the most dangerous. This method of separation is important for the qualification of the committed act and applies to any type of crime, being delimited by the sanctions that the Criminal Code offers.
The second classification option is based on the scope of the subject. The main ones include crimes in the field of taxation, credit and settlement, official crimes related to abuse of authority, in the field of foreign economy, using budget funds, as well as other options related to the country's economy.
It is understood that each species must somehow damage the financial condition of the state. This shows the peculiarity of these types of crimes, which have specific features not only in qualifications, but also in deciding the issue of criminal prosecution.
What is the statute of limitations
Criminal law includes many institutions and sub-institutions. The statute of limitations is one of them, which suggests that a person who has committed a crime cannot be prosecuted after a certain period of time. This plays an important role in the administration of justice and the fight against crime.
These terms are calculated from the moment the crime was committed, and their size is determined depending on its severity. This rule applies to any crime that is recorded in a special part of the criminal law. That is, it can be said that this institution shows how important it is to investigate crimes in a timely manner and as quickly as possible and to detain a person who encroached on public safety.
Statute of limitations on economic crimes
Acts committed in the field of economics are no different from others in the application of the norms of this institution. Art.78 of the Criminal Code records time periods after which a person suspected of a crime can no longer be held accountable in accordance with the law. This is a general part of the law, and it is applied in each case of the commission of an act that carries public danger.
So, crimes of minor severity imply a period of time of two years as a term, when as an average of six years, but for serious and especially serious, a significantly longer period of ten and fifteen years is set, respectively. That is, everything depends solely on the nature of the public danger of the act and its degree, which is determined by the sanctions of the articles of the criminal code.
Also important is the fact that the statute of limitations for economic crimes in Russia can be suspended if a person is hiding from a court or investigation. This is some exception. However, if its course is interrupted, then this period can also be restored in the case of confession or detention.
Statute of limitations and economic crimes
There are a lot of statutes of limitations in the system of law. One of the most common species is the lawsuit. Its value is especially great for civil law, as it relates to the protection of the interests of citizens in a substantive matter. But if we talk about economic crimes, then the connection with them is obvious. Since the actions in the economic sphere are connected with financial aspects, which implies the infliction of damage, in this case material.
Accordingly, as a result of a crime, someone’s rights and interests are violated, which must be protected and restored, and this is the limitation period for economic crimes.
As for the time itself, which determines this period, civil law helps in this, establishing the statute of limitations for most cases. It is three-year-old and flows from the moment of violation of rights or from the moment when a person knew or should have known about their violation.
Statute of limitations
This institution of criminal law is very often applied in practice. The statute of limitations for economic crimes is not a rehabilitating factor. A person who has evaded responsibility at the expense of this institution remains a criminal or a suspect, unless in the end it undergoes no consequences. For these people, statutes of limitations play a positive role.
Law enforcement agencies should also pay particular attention to relevant time periods. The longer the investigation takes and the criminals are captured, the more likely they are to end up leaving this or that illegal act unpunished. That is, we can say that the statute of limitations can be considered not only as a phenomenon in favor of criminals, but also as a motivating aspect for people fighting them.
Exemption from liability for economic crimes
The statute of limitations for economic crimes implies certain points that turn out to be very positive for people suspected of committing a crime. Despite some exceptions and reservations, this institution helps many to avoid imprisonment or other punishment.
Art. 78 of the Criminal Code of the Russian Federation establishes exemption from liability in accordance with the criminal law in the event that the statute of limitations has expired. As mentioned above, depending on the severity of the act, they are determined. The only exception are cases when the punishment is the death penalty or life imprisonment, then the statute of limitations may not apply at all, everything will directly depend on the decision of the judge.