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Statute of limitations in criminal matters: calculation procedure, duration

In Art. 78 of the Criminal Code, it is established that one of the grounds for exemption from liability is the expiration of the statute of limitations in the case. The specific periods in this case depend on the category of the committed act. Let us consider in more detail the statute of limitations in criminal law. criminal statute of limitations

Severity

Depending on the nature and level of danger to society, legislation provides for a different limitation period in criminal cases. Fraud, for example, can be on a large scale. In this case, it is equated to serious crimes. The limitation period in this case will be long. An act of a person may be qualified according to the general composition without aggravating circumstances. In this case, the duration of the period will be different. The law establishes:

  1. The statute of limitations for criminal cases of minor crimes is 2 years. After this period, the culprit is released from liability. Calculation is carried out from the date of the crime. This category includes crimes (reckless and intentional), punishment for which is not more than 2 years in prison.
  2. The statute of limitations for criminal cases of medium gravity is 6 years. At the end of this period, the person is subject to release, and proceedings against him are terminated. To crimes cf. severity includes acts for which the maximum punishment is not more than 5 years in prison or intentional, committed through negligence, for which it is provided to stay in prison for a period of more than 2 years.
  3. The statute of limitations in criminal cases of the category "grave" is 10 years. Such acts include crimes for which the punishment is more than 5, but less than 10 years in prison.
  4. Those guilty of especially serious crimes may be released from liability after 15 years from the date of their commission. This category includes acts for which a sentence of more than 10 years is imposed, as well as life imprisonment.

criminal statute of limitations fraud

Calculation rules

They are also established by Art. 78 of the Criminal Code. The statute of limitations for criminal prosecution begins on the day the act is committed. To find out when the statutory period ends, it is necessary to determine the moment the crime is completed. As a rule, this is not difficult. Difficulties arise with ongoing and continuing deeds.

In the latter case, the statute of limitations in criminal matters begins from the moment the crime ends. It may be the day when the culprit confessed or was detained. For continued crimes, calculus begins from the moment when the last unlawful identical act was committed. The statute of limitations ends upon the entry into force of the sentence. If the perpetrator commits a new act, the statute of limitations begins on it independently again, and so on each occasion. The period should be calculated from 00.00 days that follow the day of the crime. The countdown ends at 00.00 on the last day of the limitation period. statute of limitations in criminal law

Important point

The main condition for exemption from liability is the continuity of the calculation of the term. If the perpetrator is hiding from the investigating authorities or justice, the countdown is suspended. The period shall be renewed from the date of detention of the perpetrator of the crime or upon his confession.

Life imprisonment

The statute of limitations for criminal proceedings does not depend on the discretion of the court or preliminary investigation. This means that at the end of the established periods, the authorized authorities must take appropriate measures provided for in Art. 78 of the Criminal Code.This provision does not apply to acts for which life imprisonment is imposed. In these cases, the issue of applying or not applying the statute of limitations is decided solely by the court. For guilty persons sentenced to such punishment, certain guarantees are provided. For example, if the court decides not to relieve them of liability, the law does not allow life sentences to be applied to the perpetrators.

Exceptions

The legislation provides for cases for which the statute of limitations does not apply. Such exceptions include crimes against the security of mankind and the world - the preparation, planning, conduct, unleashing of aggressive military operations, the use of prohibited methods and means of warfare, ecocide and genocide. statute of limitations

Conclusion

In the legislation, the limitation periods are quite clearly formulated, the procedure for their calculation is defined. One of the most important criteria in this case is the severity of the act. The more serious and dangerous a crime is for society, the more time is given to identify the culprit. The statute of limitations allows for a thorough investigation, the identification of suspects, the necessary investigations, and evidence. If guilt is not proved during this time, then the person’s deed cannot be qualified under any article of the Criminal Code. Therefore, he is not subject to liability.


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