Any person who commits a crime must be punished. A specific measure of responsibility is selected depending on the nature and severity of the deed. Meanwhile, the concept of “exemption from criminal punishment” is used in domestic criminal law. Let's consider it in more detail.
The concept and types of exemption from criminal punishment
In modern legislation, a system of circumstances is established that excludes the punishability of an act. In some cases, imposing even a lax penalty on the subject becomes impractical or impossible.
Exemption from criminal liability and punishment - refusal from imputation to a citizen who has committed a crime, sanctions or parts thereof. As you know, the culprit can be prosecuted solely by court order. Accordingly, exemption from criminal liability and punishment is carried out in a similar manner. In the verdict, the court must substantiate its decision.
Separation of exemption from criminal punishment by types is carried out according to different criteria. One of the classification features is the basis for refusing to impose a sanction. It may be due to physical impossibility or legal inappropriateness.
In addition, the following types of exemption from criminal punishment can be distinguished:
- full;
- partial;
- exemption on universal grounds.
Features of the application of the institution of exemption
In imposing a sentence, the court assumes that its term and appearance will be necessary and sufficient to achieve the goals of justice. The imposition of sanctions ensures the restoration of justice, the educational impact on the perpetrator and the prevention of other crimes.
However, after a certain period, it may turn out that the punishment is too strict or lenient for the citizen. For such cases, the law provides for the possibility of easing or tightening the sanction. In addition, early release from criminal punishment is possible.
Meanwhile, in the course of the proceedings, the court may conclude that the objectives of the proceedings can be achieved without imposing a real sanction. There is a need for a choice: apply exemption from serving a criminal sentence or the norm on imposing a sanction. There is a kind of clash of criminal law provisions. To resolve this problem, the Criminal Code provides for the so-called conflict rules.
Distinctive features of the Institute
Criminal punishment is considered one of the most stringent ways to educate the perpetrator. It must be reasonable and consistent with the gravity of the crime.
In all branches of law, the principle of humanism applies. In criminal law, he was enshrined in the institution of exemption from criminal punishment. Its application allows to achieve the goals of legal proceedings with the least losses for the perpetrator.
Grounds for exemption from criminal liability and punishment
Currently, the law provides for various reasons for the court to refuse to impose sanctions. The general grounds for exemption from criminal punishment are:
- The disease of the guilty.
- Pregnancy.
- The presence of dependents up to 14 years. This basis applies primarily to convicted women. If a man is the sole parent of a minor, he can also be released from punishment.
- End of sentence.
- A change in the situation, as a result of which the act or citizen ceased to pose a danger to society.
The law establishes two more grounds for exemption from criminal punishment: pardon and amnesty.
Parole
Parole from criminal punishment is applied when a citizen’s behavior proves that his full correction is possible without real sanction. UDO is applicable in the appointment:
- correctional work;
- imprisonment;
- restrictions on freedom;
- disciplinary content;
- service restrictions.
Features of judicial practice on parole
It is worth saying that the courts do not have a unified approach to the application of parole from criminal punishment.
Some authorities use the institution of pre-trial detention only if there is evidence of positive behavior of the convict. Moreover, the incentives of the citizen and the penalties imputed to him during the time of serving the sentence will be of particular importance. To make a decision, the courts assess the gravity of the act, determine the unexpired term, take into account the number and nature of the criminal record, the duration of the breaks between them.
Other authorities take a slightly different approach. It involves assessing only the behavior of the person during the serving of the sentence. If at the time of consideration of the application for parole from the criminal punishment the person did not have penalties, the petition may be granted.
UDO is applied, as a rule, to those citizens who committed an act in the event of an accident. If a person has been prosecuted repeatedly, then the question of his release from criminal punishment should be decided taking into account all circumstances.
When using the institution of parole, the courts must understand the full responsibility of the decisions made.
Important point
It should be said about the difference between exemption from criminal liability and punishment. With parole, the sanction is lifted from the subject. However, the fact of criminal liability is not annulled. In other words, he will be considered convicted. A criminal record is removed after a certain period, depending on the gravity of the committed act.
Exemption from liability involves the full rehabilitation of a person in society. In this case, he will be deemed not held accountable.
Control
In criminal law, exemption from punishment is often accompanied by the imposition of certain duties on a citizen. They are provided for in article 73 of the Criminal Code (part 5). For example, a court has the right to oblige a person:
- Do not change the place of residence, study, work without notifying the body controlling its correction.
- Do not visit places determined by the court.
- Undergo treatment for sexually transmitted diseases, drug addiction, alcoholism, etc.
- Get a job.
- Continue your studies.
The court has the right to impose on the citizen and other duties that contribute to the correction.
The bodies of the penitentiary system are required to control the behavior of the subject released on parole.
Defendant's disease
Under article 81 of the Criminal Code, a citizen who, after committing an act, develops a mental disorder that does not allow him to understand the danger of his behavior, the nature of his actions and manage them, is released from punishment. A similar rule applies to convicted and serving a real term.
Exemption from criminal punishment is also allowed if a citizen has another serious illness.
Explanations
If a citizen has a mental disorder after a crime, he is considered sane. Nevertheless, he cannot serve his sentence, because he does not understand the nature and danger of his previous behavior. Otherwise, the goals of punishment will not be achieved.
The subject is subject to release regardless of the severity and nature of the offense. Based on the conclusion of the medical board, compulsory medical measures can be applied to the subject.The time spent in a medical institution counts towards the term of punishment. In this case, the day-to-day formula is used.
If a citizen who has experienced a temporary mental disorder recovers, he can be held accountable for a previously committed act, from the punishment for which he was released. If the disease arose after the approval of the conviction, during the period of serving, in the event of recovery, the subject can be returned to prison.
In any case, however, the court is obliged to check whether the statute of limitations has not ended for the prosecution or enforcement of the sentence.
Other serious illness
The list of diseases for which a citizen is released from punishment is determined by the Ministry of Health and Social Development.
When making the appropriate decision, the court must take into account the nature and gravity of the deed, the degree of correction of the convicted person, information about his personality and other circumstances that together indicate a low danger of the citizen to society. Applying the institution of release, the judge assumes that the person will not be able to commit a new crime in his painful condition. However, no pathology, no matter how serious it may be, in itself can be the basis for making an appropriate decision: the court must have information about the degree of danger of the subject to society.
If, over time, a person recovers, he may be involved in serving the unserved part of the sentence. Of course, the statute of limitations must be respected.
Deferral of punishment
It is regulated by 82 articles of the Criminal Code. The establishment of a deferral in legislation is based on the principle of humanism.
The imposition of imprisonment for a pregnant woman or for a person who has minor dependents under 14 years old and who is raising them independently is inexpedient. The fact is that the current prisons and colonies are not adapted for serving sentences by such citizens and keeping minors.
In providing for a postponement, the legislator takes care not only of the unborn child, but also of children whose mental and physical development may suffer in the absence of a single parent.
The essence of deferment
It means that the court postpones the execution of the sentence until a certain point. This may be the achievement of a minor dependent of 14 years or the birth of a child.
Deferral applies when a citizen is charged with a prison sentence of more than 5 years for a grave / especially grave act. Speech, in particular, about murder, banditry, terrorism, etc.
Features of the application of Art. 82 of the Criminal Code
When a deferral is appointed, control is established over the citizen. If the authorized body of the penal correction system reveals the facts of a person’s evasion from his or her parental duties, the latter will be warned. If the field of this citizen does not comply with the requirements, the court has the right to replace the deferment with real punishment.
After reaching the age of 14, a person may be released from serving the remaining term. The court can also replace the sanction with a milder one or decide to return the subject to the place specified in the sentence to serve the sentence.
If a new act is committed during the postponement, the person is sanctioned in the manner prescribed by Article 70 of the Criminal Code.
Expiration of the sentence
The court orders are executed after the entry into force of the decision. In some cases, this rule does not apply. For example, a sentence cannot be executed in connection with the illness of the convict, the abduction or destruction of a document, etc.
If after a certain period the court’s instructions have not been fulfilled, they lose their preventive and educational impact. Accordingly, the execution becomes impractical.
The legislation fixes the time period during which it is necessary to apply the prescribed punishment to a citizen. They are defined in article 83 of the Criminal Code. Currently, the following terms are valid: 2 years for a minor act, 6 for moderate severity, 10 for a grave and 15 for a particularly grave assault.
In case of evasion of the court’s requirements reflected in the sentence, the course of the relevant period is suspended. The term shall be renewed from the date of detention of the citizen or confession. The periods that expired at the time of the subject's evasion from punishment should be set off.
Special cases
If a citizen has been sentenced to capital punishment, the question of the application of statutory periods is decided by the court. He has the right to apply the established rules and release the person, or refuse to do so. In the latter case, the death penalty is replaced by imprisonment for a certain period.
Important points
It must be said that those who have been convicted of crimes against humanity and the peace provided for in Articles 353, 356-358 of the Criminal Code do not apply.
It should also be noted that the statute of limitations does not affect the amount of punishment imposed on a person. Currently, the length of the term is determined by the category of assault.
The statutory periods are established in the legislation without reference to specific acts, the circumstances in which they were committed.
Release of minors
For persons under the age of 18, special rules are provided.
Under article 92 of the Criminal Code, juveniles are allowed to be released from criminal punishment for acts of moderate and minor gravity using compulsory educational measures. They are fixed in the second part of the 90th Codex norm. A citizen who has not reached the age of 18 and convicted of a serious crime may be released from serving his sentence if the court considers that his correction can be achieved by placement in a closed educational institution. A minor may stay in this institution until reaching the age of majority, but not more than three years.
If the court determines that a citizen no longer needs educational influence, his stay in a closed institution may be terminated ahead of schedule.
Additionally
The court may restore the term of a minor in an educational institution if he was missed as a result of evading a person from staying in it. In addition, the period may be extended if the need for further coercive influence on the citizen is established. In any case, however, the total time spent by a person in an institution cannot be more than 3 years.
The extension of the period for completion of the development of educational programs or the end of vocational training in an educational institution is carried out at the request of the convict.
Exceptions
According to the Criminal Code, exemption from punishment for certain crimes of adults is not provided. Such acts are enshrined in articles:
- 111 (parts 1, 2);
- 117 (part 2);
- 122 (part 3);
- 126 etc.
Change of scenery
On exemption from punishment on this basis is referred to in Art. 80.1 of the Criminal Code. This rule applies to persons who have for the first time committed an act of moderate or minor gravity. In order to be released from punishment, the court must assess the degree of danger of the person and the encroachment committed by him on society in the circumstances.
The application of article 80.1 of the Criminal Code entails the termination of prosecution.
Amnesty
It represents a specific way to release a convicted person. The amnesty act can be applied at any stage of production.
The subject can be released both from punishment and from responsibility. In addition, the imputed sanction can be reduced, replaced by another, more lenient. Amnesty may involve release from additional punishment.
Limitations
As a rule, an amnesty does not apply to citizens:
- committed state and other crimes of particular danger;
- considered dangerous repeat offenders;
- previously released under amnesty or due to pardon, but committed malicious violations of court orders.
Pardon
It is mentioned in article 85 of the Criminal Code. According to the second part of the norm, the subject can be released from punishment, the sanction can be reduced or replaced by a milder one. In this case, the court has the right to remove a criminal record.
Based on the provisions of the norm, a citizen can be released from punishment, but not from liability.
As a rule, a pardon is applied to entities already serving a suspended sentence.
It should be noted that the act of amnesty is adopted by the State Duma. The decision on pardon is the prerogative of the President. The amnesty act is aimed at an indefinite number of people. It usually indicates specific crimes convicted of which are exempted from punishment. A pardon is usually a document aimed at the release of specific individuals.