Exemption from criminal liability todayis nothing more than the release of the perpetrator from judicial conviction, which manifests itself in the form of a negative evaluation 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 it will be about refusing excitement.
Exemption from criminal liability mayapply only to those persons with whom this or that crime was committed. 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 the competent authorities to pass the statute of limitations,as well as the act of amnesty are mandatory. Both of them serve as an excuse 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. It should be noted that a person is considered to be illegitimate even if he has an extinguished 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, a turnout with a guilt can make up for the harm that was inflicted in 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 smoothed out;
- Reconciliation is formalized in the necessary procedural form;
- The crime does not apply to the grave.
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 on the day of commissioncrime. In the case of committing new crimes, all the periods of limitation of actions are calculated for each of the crimes committed. The term can be suspended if the person starts to hide from criminal responsibility. 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,which was announced 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 distributed,as a rule, only for 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 andpunishments 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.
