Concept and types of exemption from criminal responsibility of the Russian Federation

In the Code of Criminal Procedure and the Criminal Code of the Russian Federation, the term "criminal responsibility" is actively used. This concept is often used in investigative and judicial practice, theory and everyday life. In the article we will consider the concept and types of exemption from criminal liability. There are several approaches to its definition.

What is meant by criminal liability?

The theory of criminal law, this institution is considered in two aspects: positive and opposite - negative. In the first case, it is defined as a form of negative public reaction to unlawful behavior, consisting in the application of certain sanctions against the person who committed the crime. A positive aspect implies that there are no violations of the established requirements.

Criminal liability should be understood as a special type of legal liability established by law for the commission of certain crimes and for those who committed them. It is realized by means of this or that type of punishment after the corresponding sentence of the court.

The concept of liberation from criminal responsibility and nature

Proceeding from the principles and tasks defined in accordance with them, it follows that the state's response to the violation of the prohibitions established by it must be inevitable, but at the same time flexible. In this case, it will be possible to avoid excessive criminal repression or unreasonable restrictions on legitimate interests and rights. In this connection, it is often more correct and rational (humane and fair) to implement less severe forms of such a reaction. In this case, we can talk about the concept of exemption from criminal liability. Its specificity lies in the fact that the investigating authorities, the prosecutor or the judge in relation to the person who committed the crime do not issue a guilty verdict in the presence of conditions defined by the criminal law, a person acquires the status of "not having a criminal record". However, this does not indicate his innocence or the absence of a crime in this case. It is also not exempted from civil liability, the obligation to bear legal costs, probable administrative or disciplinary punishment, public condemnation and recovery. The state in this case does not refuse to prosecute the guilty person, but only applies more expedient and soft measures towards him.

Types of exemption from criminal liability

The following types are defined by a separate article: reconciliation with the victim, repentance, expiration of the statute of limitations. There are also specific grounds that are regulated in the notes to a number of articles of the Criminal Code of the Russian Federation. The concept and types of exemption from criminal liability include, among other things, amnesty and the use of coercive measures against a person who committed a crime before reaching the age of 18, in the form of educational influence.

Active repentance

All types of exemption from criminal liability in practice are applied in the order of articles of the Criminal Code of the Russian Federation, it is implied in this case art. 75. The essence is that the person who committed the first crime of a small degree of severity or average can be released from criminal liability if there were: turnout (necessarily voluntary) with confession, assistance in investigation, compensation for harm or other way of smoothing guilt Before the victim. The application of this measure is possible if there are several conditions. First, the crime must be committed for the first time by this person, or if there was a criminal record, but it was withdrawn or repaid, or if the person had already been released from criminal liability. Secondly, the small or medium gravity of the act. Thirdly, the exemption from criminal liability with active repentance is applied. This means the fulfillment of certain concrete actions that show that the person regrets, and confirm the removal of the status of the public danger of the act. This, as already mentioned above, is a turnout, voluntary assistance to the investigative bodies and the court to establish the circumstances (actual) crimes, etc. And an obligatory condition for the use of active repentance is the presence of all circumstances in accordance with the first part of Article 75 of the Criminal Code.

For these reasons, exemption from criminal liability is final, irreversible and unconditional, under no circumstances can it be canceled.

Reconciliation with the injured party

It is possible to release from criminal liability a person for committing a crime of small gravity or average in the event that it reconciled with the victim and harmed him harmed. The basis in this case is the set of all conditions. The first two are similar to the previous case. A specific condition is the real reconciliation of the parties and compensation for the harm caused (moral and / or material). The initiative in this case can proceed not only from the accused person, but also from the victim and other persons, including investigative or judicial bodies. However, they are not obliged to do this without fail. On the basis under consideration, the person's release from criminal liability is not an obligation, but the right of investigative or judicial bodies. In this connection, one more necessary condition arises. The relevant law enforcement agencies must recognize, on the basis of the materials of the case, the expediency of this action.

Statute of limitations

Exemption, according to the rules of the Criminal Code, from liability for this reason is possible in cases where, from the date of the commission of a criminal act:

• 2 years (small gravity of the act);
• 6 years (for moderate severity);
• 10 years (for serious);
• 15 years (for especially serious).

According to the general rules concerning the calculation of terms, the limitation period for release from criminal liability should be considered from 00:00 hours of the day following the day in which the criminal act was committed, and until 00:00 hours of the last day of the term. However, you need to keep in mind a few nuances. The running of the statute of limitations is subject to suspension when the person who committed the crime is hiding from the investigation or justice authorities, but resumes from the moment of his actual detention or voluntary appearance with confession.

Grounds for liberation

The conditions for exemption from criminal liability of this type are formed from the aggregate of formal legal conditions enumerated in the law, and are based on the actual (material) basis. Let's say more about each. The legal conditions include:

• Expiration of the period established by the legislator and depending on the category of crime;
• Circumstances that prevent the statute of limitations are absent (the person who committed the crime did not evade the investigation and the court, however, it was not brought to criminal responsibility).

Under the material or factual basis is understood the presumption of the legislator, expressed in the conditions listed above. It means that the person who committed the crime, who is not brought to justice in time and conducts a rightful way of life in the future, loses the danger to the society in part or in full with the passage of time. In this regard, the need for imposing sanctions on him disappears.

For the reason under consideration, exemption from criminal liability (Criminal Code of the Russian Federation) is recognized as unconditional, irreversible and final, it can not be canceled under any circumstances.

Application Issues

One of the most important items is information about who should deal with this issue. This action on the basis considered in all cases is a direct duty of law enforcement agencies. Of all the rules there is an exception. Exemption from criminal liability (RF CC, in part four of the 78th article) for persons found guilty of crimes punishable by deprivation of liberty for life or the death penalty is not mandatory, no matter how much time has passed since the day they were committed. The court is in charge of applying the limitation period to such persons. He takes into account the identity of the perpetrator, the severity of the criminal act, the period of time that has elapsed since it was committed, and other circumstances.

Any domestic legislation is in interrelation with international law. Thus, Article 78 of the Criminal Code of the Russian Federation in part five establishes another exception concerning the statute of limitations: they do not apply to persons who have committed dangerous crimes directed against humanity (peace and security).

Amnesty

The definition and questions of its application to persons convicted of crimes are regulated by Article 84 of the Criminal Code of the Russian Federation. In its original meaning, translated from the Greek language, the term "amnesty" means oblivion or, in other words, the forgiveness that power grants. The concept and types of exemption from criminal liability include this act of state power (legislative). It is issued against an indefinite number of persons who have committed a criminal act. According to the act of amnesty, they can be released from punishment (or it is softened, replaced by another, and those citizens who have served it are removed from criminal records) or criminal liability. This document is declared by the State Duma of the Federal Assembly of the Russian Federation. Amnesty is by nature a complex institution of law.

Pardon

It has several principal differences from the amnesty act. First, pardon only applies to a particular person. Secondly, only the President of the Russian Federation has the authority to do this. Pardon does not have a normative character, it is an act of law enforcement. Its effect extends only to certain persons directly indicated in it.

The problems of exemption from criminal liability under the act of pardon are interdisciplinary, including criminal law, constitutional law, criminal procedural and executive aspects.

Illegal exemption from criminal liability

In criminal proceedings, one of the main tasks is the full and rapid disclosure of crimes with the aim of exposing the perpetrators and applying fair punishment to them. In this regard, the importance of illegal release from criminal liability. The Criminal Code of the Russian Federation, in article 21, assigns certain duties to investigative bodies and the prosecutor. They consist in the implementation of criminal prosecution when they detect signs of a crime. The way of liberation is the issuance of a resolution to terminate the case under the article of the Criminal Code of the Russian Federation or a refusal to initiate it.

Thus, unlawful release from criminal liability jeopardizes, undermines the basic principles of combating crime, contradicts the postulate of the inevitability of punishment. As a result, all this in aggregate violates the normal work of the bodies of the judicial system.

Having examined the main issues on the topic "The concept and types of exemption from criminal liability," one can confidently say that this is a significant institution of this branch of legislation. It requires careful elaboration and improvement in accordance with the norms of international law.