Exemption from criminal liability. Conditions for exemption from criminal liability

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Topic of the article: “Grounds for releasing a person who has committed a crime from criminal liability.”

The current criminal legislation of the Russian Federation provides for five grounds that allow a person to be released from criminal liability. All five grounds are concentrated in Chapter 11 of the Criminal Code of the Russian Federation, and today we will try to analyze each ground separately in more detail. The Criminal Code of the Russian Federation identifies the following grounds for releasing a person from criminal liability:

• Exemption from criminal liability due to active repentance;

• Exemption from criminal liability in connection with reconciliation with the victim;

• Exemption from criminal liability in connection with compensation for damage;

• Exemption from criminal liability with the imposition of a court fine;

• Exemption from criminal liability due to the expiration of the statute of limitations.

Now we will consider each type of exemption from criminal liability separately in more detail.

Grounds for exemption from criminal liability

Exclusion of punishment includes signs that:

They are essential for the application of the rules of exemption from liability.
They characterize both the crime and the identity of the criminal at the time of the commission of the criminal act.
They determine the inextricable connection between the norm and the basis for the release of the subject from punishment.

Analyzing the provisions of the Criminal Code, it should be noted that the grounds for exemption from criminal liability arise in the following cases:

low degree of danger of the crime;
relatively low level of danger of the act.

Classification

Exemption from criminal liability is classified into two types:

general - apply to all those who have committed illegal actions without subdividing according to characteristic characteristics;
special - provided for individuals, taking into account specific circumstances.

The second point includes moments when more lenient punishments are applied than those provided for in the article of the Criminal Code. This may include deferment of serving sentences for drug addicts and citizens with dependent children under 14 years of age. Parole falls into this category.

Release from liability on the basis of active repentance

Active repentance is the behavior of the perpetrator aimed at smoothing out or reducing the harm caused as a result of the crime committed.

Exemption from criminal liability is possible only if the crime, after active development, has ceased to be of a socially dangerous nature. In accordance with current legislation, a subject who has committed a criminal act of moderate or minor gravity may be released from liability in the case of voluntary surrender or assistance in solving the crime committed, as well as subject to compensation for the damage caused.

Confession is expressed not only in the voluntary repentance of a person by filing a statement with law enforcement agencies, but also serves as a reason for initiating criminal proceedings. A confession frees a person from punishment only if, at the time of filing the statement, law enforcement agencies were not aware of the crime committed.

Active detection of a crime consists of performing the following actions:

Contacting law enforcement agencies with a sincere confession, as well as giving evidence during confrontations and interrogations.
Voluntary participation in investigative activities aimed at establishing legally significant circumstances in the case.

Compensation for damage caused, which can be provided in the following forms:

compensation of property in kind;
monetary compensation for losses caused;
restoring damaged property on your own (for example, car repairs).

Exemption from criminal liability in this case is possible only in relation to persons with an expunged criminal record or those who have not previously committed a crime.

Exemption from punishment is carried out by the prosecutor, the court, the investigator and the interrogating officer.

Exception of punishment in connection with reconciliation of the parties

According to the law, a person who has committed a criminal act for the first time is released from liability if the parties have previously reconciled.

In this case, exemption from criminal liability is possible only if the following conditions are met:

the committed act is classified as a crime of light or medium gravity;
the perpetrator and the victim made concessions for reconciliation (in this case it is important to know from whom the initiative came);
the perpetrator compensated the victim for the losses caused.

The release of a person from criminal liability is expressed in the form of a right, not an obligation. This means that subjective and objective circumstances must be taken into account, which reflect the degree of danger of the act, as well as the advisability of releasing the perpetrator from liability.

The motives for reconciliation should also be carefully examined. If any pressure was exerted on the victim, the reconciliation of the parties will be considered invalid.

Concepts and principles

The practice of exemption from criminal liability is applied in cases where illegal actions have been committed and the citizen’s guilt has been proven. However, the perpetrator is not sentenced. This is due to the fact that the crime committed does not pose a serious threat to society, and the damage caused to the state is minimal.

In essence, this is a preventive measure that warns a person from rash actions in the future, protecting him from committing more serious crimes and consequences. The application of this practice pursues the following goals:

prevention of serious crimes;
compensation for damage caused to victims;
reducing the costs of maintaining penitentiary institutions.

In general, those released from criminal liability avoid actual prison time, however, they retain the fact of a criminal record. This is the main limiting factor.

It is important to understand that exemption from criminal liability and punishment are diametrically different concepts. In the first case, the accused is not brought to trial, in the second, he avoids the punitive measures provided for by the article for committing a crime.

Important! These terms have one thing in common: a person who has committed an unlawful act is not subject to criminal prosecution.

Release from liability upon expiration of the statute of limitations

By the word “prescription,” the legislator means a certain time period that has passed since the commission of the crime, due to the expiration of which there is a complete release from criminal liability.

The Criminal Code of the Russian Federation provides for the following limitation periods:

two years – for acts of minor severity;
six years from the date of the crime of medium gravity;
ten years for a particularly serious act;
fifteen years after the commission of a particularly serious act.

Time limits begin to be calculated from the moment the act is committed until the immediate entry into force of the court decision. If a person has committed a new crime, the statute of limitations for it will be calculated independently. The running of the deadlines is suspended if the person intentionally evades trial or investigation, and resumes from the day the person is detained or at the time of his confession to the police department.

Criminal liability will be effective only if it occurs immediately after the commission of the act. The passage of time does not mean that the act has lost its criminal characteristics, but the more time passes from the moment the action was committed, the more the social danger of the action loses its significance. In this case, it must be remembered that exemption from punishment is not a right, but an obligation. Upon expiration of the deadline, the authorized person terminates the criminal proceedings on the basis of current procedural norms. If the fact of expiration of the time limit was established before the initiation of criminal proceedings, then the case cannot be initiated.

The issue of applying statutes of limitations is resolved in court. There is a certain category of criminal acts, after the commission of which the public danger does not lose its force. In such cases, exemption from punishment due to the statute of limitations is impossible.

What should be understood as a person’s evasion from investigation or trial or payment of a court fine?

By evasion of investigation or trial, we must understand the actions of a suspect, accused, defendant, which are aimed at avoiding detention and criminal prosecution (for example, intentional change of place of residence, violation by the suspect, accused, defendant of the preventive measure chosen in relation to him , including escape from custody).

If a person, without good reason, fails to pay a court fine within the time limit set by the court, then this is grounds for suspending the running of the statute of limitations. At the same time, evasion from investigation or trial is also grounds for suspending the running of the statute of limitations. In this case, the limitation period resumes from the moment the offender was detained.

Exclusion of Liability Due to Changes in Conditions

Exemption from criminal liability applies to a person who has committed a crime for the first time. The subject is released from punishment if it can be established that, due to a change in the situation, the committed act has ceased to be criminal in nature. These types of crimes include careless as well as intentional actions, the sanctions for which do not exceed five years in prison.

A change in the situation is assessed as a basis for exemption from liability. If the prosecutor, court, investigator or investigative bodies come to the conclusion that a change in the situation has resulted in the loss of the public danger of the action, then this will serve as a reason to terminate the criminal proceedings in the case.

The concept of exemption from criminal liability due to a change in the situation still remains unclear. Based on established practice, such changes can be varied and relate to a wide range of events, actions, as well as phenomena (changes in the economy, socio-political sphere or in interethnic relations).

All of these relationships must have a significant impact on the assessment of the criminal act and the identity of the perpetrator. The situation must confirm that the criminal does not pose a danger to society, and the committed act no longer carries harmful consequences and does not change the standard legislative assessment of this crime.

What is the penalty and how to avoid it: algorithm of initial actions

The first and main question that any person tries to answer if a criminal case has been initiated against him, his close relative or acquaintance: what punishment faces in the event of a guilty verdict.

This is quite normal, since it is human nature to predict the future in terms of both positive and negative consequences of certain events, and in the case when a criminal case is being investigated, you first of all want to understand whether they will be imprisoned or not, if there is a risk of imprisonment, then for how long and how to avoid liability.

Also read: Inaction in criminal law: how it is determined. its types and responsibilities

In this article we will consider the most important norms of criminal procedure legislation related to the regulation of issues of sentencing and release from it.

The algorithm of actions when determining the sanction that can be assigned for a specific crime is as follows:

Determine what maximum sanction is provided for by the Criminal Code of the Russian Federation for committing a criminal act of which a citizen is accused, and determine its category.
Determine whether there are grounds for exemption from criminal liability.
Determine whether there are grounds for applying the norms of the Criminal Code of the Russian Federation establishing the limits of punishment for certain categories or types of crimes.
Determine whether there are grounds for exemption from punishment.

Let us consider each of the listed stages of the algorithm separately.

Determination of the punishment provided for by the Criminal Code of the Russian Federation for committing an imputed crime

In order to understand whether there are grounds for exemption from liability, what punishment threatens for committing a crime as charged, it is necessary first of all to find out the specific article, part (clause) imputed to you and the maximum sanction provided for under this article of the Criminal Code of the Russian Federation, after how to determine the category of a criminal act. It is the maximum sanction that is taken as the basis when determining the category of a criminal offense.

For example, a case has been opened against you under Part 1 of Article 159 of the Criminal Code of the Russian Federation, and you are trying to understand your prospects. Following the above advice, we open the Criminal Code of the Russian Federation and see what the maximum punishment is provided for committing this act.

Thus, according to Part 1 of Article 159 of the Criminal Code of the Russian Federation, the most severe of the sanctions provided for under this article is imprisonment for a period of 2 years.

Based on this, we can conclude that you are charged with a minor offense.

If you are charged with a different article, then the initial algorithm of actions is the same: open the Criminal Code of the Russian Federation and see what the maximum punishment is provided for, depending on what, determine the category of the crime.

The Criminal Code distinguishes four categories of criminal acts (Article 15):

minor gravity (up to 3 years of imprisonment);
moderate severity (up to 5 years of imprisonment);
grave (up to 10 years of imprisonment);
especially serious (over 10 years of imprisonment).

It should be noted that an article of the Criminal Code of the Russian Federation can indicate both the upper and lower limits of sanctions, and only the lower one. If the article specifies only the upper limit, the lower limit is determined based on the rules governing this type of punishment. For example, under Part 1 of Art. 159 the most severe punishment is imprisonment for up to 2 years; the minimum is not specified in the article. However, it is defined in Article 56 of the Criminal Code of the Russian Federation, according to which imprisonment is imposed for a period of two months. Therefore, in relation to deprivation of liberty, if the article does not indicate a lower limit, one should proceed from 2 months.

Having determined the category of the imputed act, we move on to the next stage: determining whether there are grounds for exemption from criminal liability.

Determining the existence of grounds for exemption from criminal liability.

Before predicting the consequences for committing a crime, it is necessary to find out whether there are grounds for exemption from criminal liability, since it automatically exempts from punishment. The current criminal legislation provides for seven grounds for exemption from criminal liability of persons who have committed a crime:

Due to active repentance.
In connection with reconciliation with the victim.
In connection with the imposition of a court fine.
In criminal cases in the field of economic activity.
Due to the expiration of the statute of limitations.
In relation to minors with the appointment of compulsory educational measures.
In relation to insane criminals with or without the appointment of compulsory medical measures.

Exemption from liability (termination of a criminal case, criminal prosecution, a court ruling on exemption from liability) under points 1-3, 7 of the listed grounds is a right, not an obligation of the investigative authorities and the court.

At the same time, if the statute of limitations for exemption from criminal liability, insanity, or if there are grounds for exemption from liability in cases in the field of economic activity has expired, the citizen is subject to exemption from legal liability, regardless of the discretion of the person in whose proceedings the criminal case is located.

It is also necessary to keep in mind the fact that for the first four of these reasons, a criminal case or prosecution can be terminated only in relation to persons who have committed a crime of minor or moderate gravity for the first time and have compensated for the damage caused. To get rid of liability due to the expiration of the statute of limitations, due to the insanity or minority of the person who committed the crime, the presence of a criminal record and compensation for damage do not have such significance, and the category of the crime affects the amount of the statute of limitations, but does not in itself deprive the right to termination cases on these grounds.

The commission of several crimes simultaneously by a person is not an obstacle to exemption from criminal liability. According to clause 16.1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability,” the main thing for release in this case is that all crimes committed must be of minor or moderate gravity.

Exclusion of punishment based on an act of amnesty or pardon

Based on an amnesty, the punishment can be lifted either completely or partially. Such a legislative act is applicable to a certain category of persons, and is never designated individually.

Amnesty is understood as an act issued by the highest legislative body, which by its nature does not make changes to criminal legislation and does not question the validity and legality of a court decision, but is simply aimed at mitigating punishment for a certain circle of people.

In the event of an amnesty, criminal liability can be lifted completely or partially. It is also possible to apply another, more lenient punishment as a sanction, or to terminate criminal proceedings in the case.

Pardon differs from amnesty in that it is aimed at changing the punishment specifically for one person. Amnesty is normative in nature, and in its instructions it always concerns a group of subjects or a number of crimes.

It should also be noted that amnesty involves forgiveness of the convicted person as an individual, and not leniency towards the crime committed. Consequently, the law establishes the provision that if a person refuses to admit his guilt, the application of an act of amnesty in relation to him will be unacceptable. In such a situation, the proceedings will continue until a conviction or acquittal.

Release of minors from criminal liability

It is legally stipulated that persons aged 14 to 18 years are considered minors. This age is specified in order to establish a framework when a minor can be held accountable and be released from it. By setting such age restrictions, the legislator proceeds from the subjective and objective prerequisites for the formation of a teenager as a person, his volitional qualities, as well as consciousness.

If a teenager has committed a crime for the first time, in accordance with the law, he will be released from liability and will be subject to educational measures. The criminal acts committed have special distinctive features arising from the psychological and volitional qualities of the teenager, and also in one way or another influence the social danger of their actions.

The criminal actions of minors reveal personal qualities that are characteristic of this age. Thus, when determining the punishment, special importance is given to mitigating and aggravating circumstances. The issue of revocation of punishment is decided by the prosecutor or investigator.

The conditions for exemption from criminal liability imply the replacement of a sanction with an educational measure. The legislator provides for several types of educational influence, which together form a certain system aimed at increasing sanctions against a teenager. This means that for the first criminal act the punishment will be the most lenient, and in case of relapse the sanction will be subject to toughening.

Compulsory educational measures do not relate to criminal punishment and by their nature do not give rise to a criminal record. The most loyal punishment for minors is a warning. Transfer under the supervision of parents or persons who replace them will be considered more strict.

Also, a court decision may limit the leisure time of a minor and establish special requirements for his behavior. More specifically, restrictions may be imposed on the right to leave the house after a certain time of day, a ban on traveling to another area without prior permission from the authorities.

Compliance with the prescribed educational measures is considered a necessary condition for releasing the subject from liability.

Illegal release from punishment

Illegal exemption from criminal liability - Article 300 of the Criminal Code of the Russian Federation. This type of act can be carried out through an action that consists in illegally releasing a person from liability. This type of crime can be committed only at the stage of pre-trial investigation.

Exemption from liability is illegal only when a person suspected or accused of criminal activity is able to avoid negative consequences based on the actions of the investigator, prosecutor or the person conducting the investigation, carried out in violation of the statutory norms of criminal law.

The following will be considered legal grounds for exemption from punishment:

Absence of a criminal act.
Lack of corpus delicti.
Adoption of an act of amnesty, which cancels the punishment for the committed type of act.
If the person is under 14 years of age.
In the absence of complaints from the victim.
In relation to the subject in relation to whom a court decision was made to terminate the proceedings.
In relation to a person against whom there is an unreversed order to terminate proceedings on the same charge.
In relation to clergy who refused to give evidence that became known from confession.

Illegal exemption from criminal liability is characterized by a mandatory feature, which is expressed in the means of committing the crime, namely, in a decision to terminate proceedings.

This crime is considered completed after a decision has been made against a specific person. It should also be noted that the crime of illegally releasing a person from punishment is characterized by direct intent on the part of the attacker.

General Features and Differences

According to the provisions of the current legislation, exemption from liability and punishment are different measures of influence. However, general properties can also be traced here: the measures provided for by the article for the crimes committed are not applied to the perpetrator. However, these types of liberation are also characterized by fundamental differences, which are expressed in the following:

from liability - the case of the accused is not examined in court, therefore, there is no criminal record;
from punishment - the accused is sentenced, however, no punitive measures are expected for the crime committed.

In both cases, the citizen’s guilt is proven, but related factors are taken into account.