Very important and interesting is Art. 76 of the Criminal Code. She points to the possibility of exemption from criminal liability to one degree or another. This phenomenon is very rare, but it does occur. Why? Not always a felony is very serious or dangerous. Sometimes people really can amicably agree on reconciliation and compensation for losses / damages, if any. So art. 76 of the Criminal Code is important for many. What does she say? What rules and actions should be followed?
Exemption
So what does this section of this code say? Art. 76 of the Criminal Code indicates that certain categories of citizens have the right to exemption from criminal liability. And as a result, the termination of the trial and investigation. Only such an opportunity is not available to everyone.
It is also worth paying attention to the previous article of the Criminal Code. It also regulates the rules for exempting persons from criminal liability. It turns out that in some cases the offender has the right to avoid punishment. True, the circumstances of the case play a huge role here. What is in store for us with modern legislation? When can criminal responsibility be avoided and the case can be stopped?
For the first time
To begin with, Art. 76 of the Criminal Code with comments indicates that individuals are entitled to termination of the criminal case. But only with the reconciliation of the parties. It should be voluntary, without mercenary intent and threats. In this situation, the cancellation of the trial takes place.
True, as has already been said, not everyone has such an opportunity. This article applies only to citizens who first committed a criminal offense. For those with a criminal record, the rule has no legal effect. In this case, the smoothing of guilt is an important point. This item is spelled out in Art. 76 of the Criminal Code. It turns out that citizens can be reconciled, amicably agree on compensation for damage and harm, then fulfill the terms of the agreement and disperse. This phenomenon is rare. And often it takes place in close or family relationships.
Nature of the crime
Article 76 “Exemption from criminal liability in connection with reconciliation with the victim” also has an important clarification regarding its action. In addition to the fact that the defendant should not have had problems with criminal law before the institution of the present case, the damage has an important role.
The provisions of this article apply only to crimes that are characterized as minor or moderate. Or when the victim is inflicted only moral harm. And nothing more. Citizens who have caused serious harm to life and health, as well as caused serious property damage, have no opportunity to use Art. 76 of the Criminal Code.
Repentance
But that is not all. It has already been said that this paragraph is far from the only among all possible methods of evading criminal liability. In this code of the Russian Federation at least one more article is provided for in addition to it. Which one?
Art. 75-76 of the Criminal Code of the Russian Federation are responsible for the release of criminals for one reason or another from criminal liability. The second, as we have already found out, takes place during the reconciliation of the parties. And what to do with the first?
She points out that criminals have the right to freedom and the termination of a criminal case with repentance.That is, in order to avoid punishment, you must confess to the relevant authorities, and then also make amends to the victim. Limitations are also here. For example, in respect of committed acts. From Art. 76 of the Criminal Code there are no differences. After all, the proposed rule applies only to citizens who have committed a crime of mild or moderate gravity. Again, serious crimes are not subject to these articles. Not at all. And to avoid punishment in this situation will not work.
CPC
The Criminal Code is not the only document that can help us in resolving today's issue. The suspension of a case by the relevant authorities (for example, a prosecutor or a judge) also has separate rules and restrictions. They are indicated in the Code of Criminal Procedure.
This is not at all article 76 of the Criminal Code. Art. 25 Code of Criminal Procedure The Russian Federation - this is what is responsible for ending the criminal case in connection with the reconciliation of the victim and the criminal. It is here that all the conditions that are necessary for the implementation of this act are prescribed.
According to this article, the court case is terminated at the request of the victim in connection with the reconciliation, that is, at the request of the victim. If there is a corresponding request from a person, the judicial authorities have the right to suspend and completely close the criminal case due to an amicable agreement between the parties.
Moreover, as in all previous cases, the degree of harm received plays an important role. Light, minor and moderate damage still makes it possible to use the rule. But with serious crimes, such a feature will no longer be. In addition, the number of criminal convictions also plays an important role. It is advisable that this be the first case of an offense.
Economy
There is also a slight clarification regarding our current issue. For example, it is worth paying attention to Art. 76.1 of the Criminal Code. It regulates the possible exemption from criminal liability of citizens who have committed crimes in the economic sphere of activity.
Without fail, the perpetrator must make amends and fully compensate for the damage caused. Moreover, it is indicated here that not all economic crimes can be subordinated to the text of this article, but only some. But there are a lot of them. These include articles of the Criminal Code: 198-199.1, 171, 172, 176 (part 2), 177, 180 (parts 1 and 2), 184 (parts 3 and 4), 185 (part 1), 193, 194 ( Part 1), 195-197, 199.2. Pay attention to this. In other cases, exemption from criminal liability is simply not possible.
Good will
In principle, this is all about the possibilities of avoiding criminal punishment in some cases. But there is one important point. It is not spelled out in any article, but it does. It is a voluntary reconciliation.
That is, no one has the right to force the victim to reconcile the parties for the sake of ending the criminal case. Otherwise, it will be regarded as a new violation of rights. Instead of alleviating suffering, depending on the situation, coercion will be calculated as an aggravating circumstance. And the defendant will face even more severe punishment. Therefore, keep in mind that all agreements should be only of goodwill and accompanied by compensation for damage in one form or another. It's all. From now on, we know how and under what conditions criminal punishment can be avoided. It is not as difficult as it seems.
