In the Code of Criminal Procedure and the Criminal Code of the Russian Federation, the term"Criminal responsibility". 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.
Theory of criminal law, this institutionis considered in two aspects: positive and opposite - negative. In the first case, it is defined as a form of negative reaction of society to unlawful behavior, consisting in the application of certain sanctions against the person who committed the crime. A positive aspect implies no violations of established requirements.
Criminal liability should be understood asa special type of legal responsibility established by law for the commission of certain crimes and coming for the perpetrators. It is realized by means of one or another type of punishment after the corresponding sentence of the court.
Based on the principles and determined in accordance withwith them it follows that the state's response to the violation of 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, in the presence of conditions defined by the criminal law, do not pass a conviction sentence, the 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 reasonable and soft measures towards him.
The following types are definedarticle: reconciliation with the victim, remorse, the end of the statute of limitations. There are also specific grounds, which 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.
All types of exemption from criminalresponsibility in practice are applied in the order of articles of the Criminal Code of the Russian Federation, is implied in this case art. 75. The bottom line is that the person who committed the first offense 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 the appearance of guilt, voluntary assistance to the investigating authorities and the court to establish the circumstances (actual) crimes, etc. And an obligatory condition for the use of active remorse 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.
Possible exemption from criminalresponsibility of the person for the commission of a crime of small gravity or average in the event that it has reconciled with the victim and the harm caused to it has been cleared. 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 authorities must recognize, on the basis of the materials of the case, the expediency of this action.
Exemption, according to the norms of the Criminal Code, from liability for this reason is possible in cases when, from the date of the commission of a criminal act:
According to the general rules concerning calculusterms, limitation of exemption from criminal liability should be considered from 00:00 hours of the day following the day in which the criminal act was committed, and before 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 perpetrator is hiding from the investigation or justice authorities, but resumes from the moment of his actual detention or voluntary appearance with confession.
Conditions for exemption from criminal liabilityof this kind 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:
Under the material or actual basisthe presumption of the legislator is expressed, expressed in the conditions listed above. The fact is that the person who committed the crime, not brought to responsibility on time and leading in the future a law-abiding way of life, is losing part or all of the danger to the society over time. In this regard, the need for imposing sanctions on him disappears.
On the basis 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.
One of the most important items is information about how,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 isrelationship 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).
Definition and questions of its application to the convictsfor crimes persons are regulated by Article 84 of the Criminal Code of the Russian Federation. In its original meaning in the translation 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 undefined circle 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.
It has several principal differences from the actamnesty. First, the pardon is carried out only in relation 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 liberation from criminalresponsibility under the act of pardon is interdisciplinary, it includes criminal law, constitutional law, criminal procedural and executive aspects.
In criminal proceedings, one of the maintasks 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 there are 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 liberation fromcriminal responsibility jeopardizes, undermines the basic principles of combating crime, contradicts the postulate of the inevitability of punishment. As a result, all this in aggregate disrupts the normal work of the organs of the judicial system.
Having considered the main questions on the topic "Concept andtypes of exemption from criminal liability, "one can confidently say that this is a significant institution of this branch of legislation, which requires careful elaboration and improvement in accordance with the norms of international law.</ p>