Exemption from criminal liability

Exemption from criminal liability today is nothing more than the release of the perpetrator from judicial conviction, which manifests itself in the form of a negative assessment of the act committed by him. As a procedural form in this case, an act is issued, which is issued by the competent authority. In the event that the case has already been initiated, the decision refers to its termination. If the case has not yet been raised, then the speech in it will go about refusing excitement.

Exemption from criminal liability can only be applied to those who committed this or that crime. It is in this lies the most important difference from any circumstances that can exclude the crime of acts.

The grounds for exemption from criminal liability are different. They are directly related:

- with the act of amnesty;

Active repentance;

- the completion of the claim period;

- reconciliation of the parties.

For competent authorities , the limitation period, as well as the amnesty act, are mandatory. Both of these serve as grounds for the immediate termination of proceedings or result in exemption from criminal liability.

A person can be relieved from this kind of responsibility related to remorse under the following circumstances:

- The crime was committed for the first time. Note that a person is considered to be illegitimate even if he has a canceled conviction ;

- The act committed by a person can be attributed to crimes of medium, as well as minor gravity;

- was a turnout with a guilt, which greatly contributed to the disclosure of the crime. In some cases, turnout with a guilt can make amends for the harm that was inflicted during the crime.

Exemption from criminal liability will be impossible if the crime has a greater degree of severity. In other cases, there is a high probability that the person will be released.

Exemption from criminal liability, related to the reconciliation of the parties, it is possible:

- it is committed for the first time;

- the damage caused was smoothened;

- Reconciliation is formalized in the necessary procedural form;

- The crime does not apply to serious ones.

The statute of limitations for crimes is different:

- small weight - two years;

- average weight - six years;

- for the heavy - ten years;

- for especially serious - fifteen years.

The term begins to expire from the day the crime was committed. In the case of committing new crimes, all limitation periods are calculated for each of the committed crimes. The term can be suspended if the person starts to hide from criminal liability. It will be restored only in case of appearance or confinement of a person. Interruption of deadlines is not provided.

Amnesty itself is a legal act that is declared by the State Duma. In accordance with this act, criminal responsibility is removed from the person. As a rule, amnesty is committed in relation to those persons whose circle is individually uncertain. It does not have an individual character.

In most cases, the amnesty is extended, as a rule, only to crimes that were committed before its official adoption. Exceptions are permissible and are not so rare. Let us note that with the help of amnesty, the principles of justice and humanism laid down in the criminal law are being realized.

Exemption from criminal liability and punishment are not the same. From punishment a person can be released both partially and completely. Sometimes a person is released from this responsibility, but the punishment still endures.

It is important that a person can be released from punishment for crimes of any degree of severity.