What is the limitation period for killing? What is the limitation period in criminal matters? Expiration of limitation of criminal cases

The limitation period for criminal liability. Lapse of time

The limitation period for criminal liability in legislation is the expiration of a certain period of time after committing a criminal act. Simply put, this is the onset of the moment when a person who committed act, subject to the conditions provided for by the legislation, cannot be involved in criminal liability.

Depending on the severity of the crime, the period of limitations is determined at the seventy-eighth article of the Criminal Code. It follows from it that after the unlawful act will be committed, must pass the established period.

Terms of limitation of criminal liability depending on the severity of the crime:

1. Two years for criminal acts of small severity.

2. For crimes of special severity - fifteen years.

3. Ten years for grave violations of the law.

4. Six years for the criminal acts of moderate severity.

It is believed that the statute of limitations established for especially grave crimes, unlike other categories of crimes, does not correspond to the maximum sentences for the crime data.

This period begins to flow from the moment of the crime. In accordance with Part 2 of Art. 9 of the Criminal Code, the time of committing a crime recognizes the time of the commission of socially dangerous action (inaction), regardless of the time of consequences. Features has the beginning of the limitation period in unfinished and difficult crimes.

In accordance with the current resolution of the Plenum of the Supreme Court of the USSR of March 4, 1929, "On the conditions for the application of limitations and amnesties to the last and continuing crimes", the period of limitations is calculated against the labor crimes since their termination of the perpetrator or contrary to it, and in relation to the continued Crimes - from the moment of committing the last criminal effects from among the components of the continued crime.

If the crime consists of several independent actions, the statute of limitations begins to flow from the moment of the last of them.

In the case of preparing or attempted a crime, the statutes of limitations begin to flow from the moment the face of the last action, creating conditions for committing a crime, or directly aimed at committing a crime. If such actions have a latter, the beginning of the limitation period is the moment of their termination or suppression.

During the statute of limitations, the period is not included during which the person who committed a crime shied away from investigation and court. As such, the law considers only intentional actions aimed at avoiding criminal liability (a change of the surname, plastic surgery to change the appearance, a change in place of residence and accommodation without registration). It is necessary to establish the presence of a special goal of committing such actions, since their implementation is not in connection with the intention to avoid criminal liability, and in connection with other circumstances, it does not interrupt the limitation period. The resumption of the flow of limitations in this case occurs when the face is detention or when it is an obese.

In the case of the person of the new crime, the limitations for each crime are calculated independently, the period of limitations in this case is not interrupted.

An end of the statute of limitations takes place at the time of the court sentence to legal force. Currently, this issue is settled legislatively (part 2 of Art. 78 of the Criminal Code of the Russian Federation), however, in the criminal law theory and other final times were offered: the day of attracting a person as an accused, the resolution of the sentence, etc.

The statutes of limitations are not applied to persons who have been planning, who prepared, unleashed and leading aggressive wars, which used prohibited funds and methods of warfare, which committed an act of genocide or ecoocide. In addition, the deadline for criminal prosecution limitations are not applied to persons who committed a terrorist crime (provided for in Articles 205, 205.1, 205.3, 205.4, 205.5, parts 3 and 4 of Article 206, part 4 of Article 211), as well as committed conjugate The terrorist activities of the crime provided for in Articles 277, 278, 279 and 360 of the Criminal Code of the Russian Federation.

The question of the possibility of applying the timing of limitations to especially grave crimes against the personality and public security, punishable by the lifelong deprivation of freedom or the death penalty, is solved by the court in each case individually. The court takes into account the features of the person of the guilty, his behavior after a crime committed, as well as the peculiarities of the act. The reason for making a decision on the use of limitations in this case is the real, and not the estimated loss of the public danger of the act or the person who committed it. At the same time, if the court considers it possible to use the statute of limitations, eliminates the possibility of prescribing punishments in the form of a life imprisonment or death penalty.

Termination of criminal prosecution due to expiration of limitations is possible only with the consent of the accused. In the absence of such a consent, the proceedings continue, but when submitting a conviction, the convict is exempt from punishment.

Calculating the limitation period for criminal liability

The calculation of the term after the unlawful act was committed, starts from 00.00 hours of the next day, which goes on the number of crime. Ends after making a court sentence in the case and entry into force.

If the person has committed another crime, then the term is calculated for each illegal episode separately. If a citizen committed an act of special severity, for which the deprivation of liberty is relied on or the death penalty, and the period of limitations for this violation has expired, then the court has the right to not liberate a person from criminal liability. The authority can appoint him any punishment except the highest measure.

If the crime consists of a number of repetitive actions, combined a single goal (continued crime), the statute of limitations begins to flow from the moment the critic committed the last of such actions. For the long-term criminal acts (last crime), the beginning of the limitation period is associated with the end or preventing the criminal behavior of the face.

Not in all cases, the court conviction entered into force immediately appeals to real execution. In certain cases, a delay in serving a sentence may be provided to the condemned on the basis of the law. The punishment may not be performed actually due to the disease of the convicted or not sufficiently careful execution by employees of the bodies of the criminal office of their duties.

The real use of punishment after a long time from the moment of sentencing and its entry into force is often inappropriate due to the personality of the convicted or loss of the crime of social relevance. In addition, such an application of punishment does not reach the necessary preventive effect due to disappearance in the consciousness of condemned and other faces of the relationship between the crime and punishment.

Thus, this limitation begins to flow from the moment the sentence entry into force. Its flows at the time of the beginning of the real execution of punishment. On the period of limitations, the period is not included during which the person who committed a crime shied away from serving the sentence. Only intentional actions aimed at preventing real use to condemned forced measures can be evasion. The limitation period is restored during the detention of the convicted or its appearance. The current legislation does not provide for the interruption of the flow rate when performing a new crime.

The basis of the suspension of the period of limitation of the indictment is to provide a convicted delay of serving the sentence (for example, in connection with the presence of young children or the passage of medical rehabilitation measures related to drug treatment). In this case, the course of the statute of limitations is resumed from the time the deadline for the delay of serving the sentence, or from the moment the delays of the serving of the sentence is canceled. The exceptions are cases when convicted according to the results of observation of it during the period of delay is exempt from punishment completely and partially.

Exemption from punishment on this basis is unconditional, it does not depend on the will of the most convicted or on the discretion of the court.

The statutes of limitations are not applied to persons who have been planning, who prepared, unleashed and leading aggressive wars, which used prohibited funds and methods of warfare, which committed an act of genocide or ecoocide. In addition, the deadline for the limitation of punishment does not apply to persons who committed a crime of terrorist nature (provided for in Articles 205, 205.1, 205.3, 205.4, 205.5, parts 3 and 4 of Article 206, part 4 of Article 211), but equally committed conjugate with the implementation of terrorist activities Crimes provided for in Articles 277, 278, 279 and 360 of the Criminal Code of the Russian Federation.

Suspension of the statute of limitations

It is impossible to believe that you can avoid punishment, simply waiting for a certain period of time. What happens if a person who committed a criminal act is evading the court or the investigation? The limitation period for criminal liability in Russia is suspended until it is detained or the obey turnout.

When applying this legal norm, certain difficulties arise. First of all, they are associated with understanding, or rather the legal assessment, the very evasion of the face from the investigation or court, and secondly, with the definition of such a person, and thirdly, with a sample of the initial moment of suspension of the statute of reference to the criminal liability of a person evading Corollary or trial.

Crimes for which the limitation period is not applied

The Criminal Code (Seventy-eight Article) provides an exception to the application of the limitation period. In accordance with international law standards, this concerns crimes committed against the security of humanity and the world.

1. Act that is interpreted as a terrorist.

2. The hostage seizure (in the fourth and third chapters of the article two hundred six).

3. In part of the fourth article two hundred eleven - the hijack of the vessel of water or air transport, etc.

4. Deposition, planning, maintenance or preparation of aggressive wars.

5. Using prohibited waging options.

6. Ecocide and genocide The limitation period for criminal prosecution does not provide.

Therefore, persons who participated in the above events can be held accountable and condemned regardless of when a crime was committed. For example, if a citizen violated the law under the article three hundred fifty-seven Criminal Code - "Genocide" (considered a crime of special severity), and from that moment more than twenty years have passed, the attacker will still suffer criminal responsibility. He will still be convicted of this act.

The limitation period for criminal responsibility for theft

The alarces in criminal law in part of the first article one hundred and fifty-eight criminal code is called the embezzlement of the property belonging to another person. This is an act that has committed secret. In part, the second states that the theft can be performed in several ways.

1. By illegal penetration into the room, as well as any other storage.

2. With the causation of a citizen of significant damage.

3. According to the preliminary conspiracy of the group of persons.

4. From clothes, hand-made or bags that were under the victim.

In the third part of the article, it is indicated that theft can be performed in a large scale; With the penetration into the dwelling illegally, for example, with the help of a gas pipeline, oil pipeline, oil product pipelines. The part of the fourth describes theft.

The limitation period for criminal liability under Art. 158 parts of the first are two years. If the crime is committed in accordance with the second part, then the law has been determined by the law of six years of limitation.

Parts of the third and fourth give a definition of grave criminal acts. The limitation period for them is provided in the amount of ten years. It turns out that the period under review one article varies from two to ten years.

Deadline for criminal liability for fraud

The fraud in the criminal law part of the first article is the acquisition of rights to someone else's property in a fraudulent way or by infusing confidence. Or it is carried out with theft of theft. In terms of the second article, an act of a preliminary agreement by a group of persons or with causing the victim of significant damage is provided.

In the third part of the article talks about a crime, which led to damage in a major victim. Or it is committed by abuse of their professional activities. Part The fourth article provides for the punishment and characterizes the acts that caused the victim's damage in very large sizes, or the crime that was committed by an organized group of persons (which caused the deprivation of the law of the victim to the residential premises). The limitation period for criminal liability under Art. 159 of the Criminal Code provides for the following punishment:

The limitation period for criminal liability for fraud fraud in the criminal law part of the first article is called acquiring rights to someone else's property with a fraudulent way or by confidence abuse. Or it is carried out with theft of theft.

In terms of the second article, an act of a preliminary agreement by a group of persons or with causing the victim of significant damage is provided.

In the third part of the article talks about a crime, which led to damage in a major victim. Or it is committed by abuse of their professional activities.

Part The fourth article provides for the punishment and characterizes the acts that caused the victim's damage in very large sizes, or the crime that was committed by an organized group of persons (which caused the deprivation of the law of the victim to the residential premises).

The limitation period for criminal liability under Art. 159 of the Criminal Code provides for the following punishment:

1. In the first part - two years, since the criminal act refers to the category of disorders with little weight.

2. Under the second part of the article, a six-year limitation period is envisaged. The criminal act refers to the category of violations of the law with the middle severity.

3. In parts of the third and fourth article one hundred and fifty-nine - ten years.

The limitation period for criminal responsibility for murder

Is there a limitation period for criminal responsibility for killing? What is he? In the article, one hundred fifth under the murder is understood as the cause of another person of death. And it should be done intentionally.

The second part of this article contains qualifying features of the crime under consideration:

1. The deprivation of the life of the specialist or people close to him because of the fulfillment of public debt or the exercise by the person of his professional activity.

2. The murder of several people or deprivation of the life of more than two citizens.

3. Murder based on blood revenge.

4. Decision of life due to hooligan motivations.

5. Murder committed by socially dangerous way.

6. Decision of the life of a woman who is in a state of pregnancy, about which the criminal knowingly knew.

7. Murder for the cause of mercenary motives, as well as the case under consideration committed by hiring. Accordingly, it is associated with banditry, extortion.

8. Murder in order to conceal other criminal act. For example, if it is associated with sexual action, which are made violent, or with rape.

9. The murder of a person who is obviously for the criminal in a state of helplessness, or a young face.

10. deprivation of life in order to use fabrics of the victim or its organs.

11. Murder based on racial, ideological, national, religious or political hostility or hatred in relation to any group of the population, etc.

The term of attraction to responsibility in terms of the first and second one hundred fifth article is fifteen years, since the murder is a particularly serious criminal act.

The term of limitation of attracting criminal liability for narcotic and psychotropic substances

The article Two hundred and twenty-eight Criminal Code in the part of the first regulates the acts of persons on the illegal acquisition, transportation, manufacture, storage, processing of psychotropic and narcotic substances, tools, or their analogues.

It also includes illegal storage, acquisition, transportation of plants that contain these substances, means or their components. Part The second article regulates the execution of an act, which is characterized as a crime of a large scale.

The third paragraph provides for a particularly large amount of criminal act. The limitation period for criminal liability under Art. 228 parts of the first are two years. This category of violation of the law relates to crimes with little weight.

The second part of the article characterizes grievous acts. For them there is already provided for the ten-year period of limitations. The third part of the article relates to especially grave crimes for which fifteen-year-old.

The limitation period for criminal liability for beatings

What is the limitation period for criminal responsibility for beatings? After all, this violation of the law is found in everyday life.

In the Criminal Code, in the part of the first article one hundred sixteenth, deposits or committing other actions of a violent nature, which did not lead to the affected person of easy harm to health, but with physical pain, is a criminal act of little gravity.

Part Two has qualifying signs. The beatings committed for the purpose of hooligan motivations and for the reasons for the political, religious, racial, ideological or national hostility or hatred are also a criminal act of small severity.

Therefore, parts of the first and second time limit of attracting criminal liability under Art. 116 is two years.

The limitation period for criminal liability for a child's substitution

What is he? The inflection of the child in criminal legislation is a crime. It is always performed from mercenary or other low-lying motivations. The criminal act refers to the category of violations of the law of moderate severity. For it there is a six-year term.

Time limit of attraction to criminal liability for ill-treatment of animals

In criminal legislation, in terms of the first article under the brutal appeal with the brothers, our smaller is understood as the act, entailed their injury or death. It is made from mercenary or hooligan motivations.

We are also talking about the actions applied in relation to animals in the presence of minors. Or they were committed using sadistic methods.

The second part of the article provides for the commission of a criminal act by groups of individuals. In the first and second parts, it is referred to a crime of little gravity, for which the limitation period is provided for in the amount of two years.

Time limit of raising to criminal liability for espionage

In the Criminal Procedure of the Russian Federation, under espionage, an act committed by the person without citizenship or a resident of another country for transmission, storage, abduction or gathering in order to further transmit foreign or international organizations, a foreign state or their representative of information representing the state secret.

And we are talking about collecting and transferring to the order of foreign intelligence or the person current information in order to use them against the safety of Russia.

This criminal act is especially grave. Therefore, the limitation period for criminal responsibility is fifteen years.

The limitation period for criminal responsibility for desertion

Criminal law under desertion implies a crime, which caused the unauthorized leaving of the place of service or part. The purpose of the act is to evade the passage of military service.

Also, the law is characterized by a non-appearance to the service with the same purpose as evasion of duties. This part of the article refers to a gravitant criminal act. The period of limitations for it is provided for in the amount of ten years.

The second part of the article regulates desertion committed with the weapon, organized by the Group, etc., etc. It is a serious crime, the limitation period for criminal responsibility of the Criminal Code (as in the first part) provides for ten years.

The exceptions are cases when desertion is committed due to the progress of difficult circumstances, and in connection with them, a person can be released from liability.

Maxim Shilin, Tatyana Grosov

Information Agency "Financial Lawyer"

1. A person is exempt from criminal liability if the following deadlines have expired from the day of the crime:
a) two years after committing a crime of little gravity;
b) six years after committing the crime of moderate;
c) ten years after committing a grave crime;
d) fifteen years after committing a particularly serious crime.

2. The statutes of limitations are calculated from the date of the crime until the end of the court's sentence into legal force. In the case of the person of the new crime, the limitations for each crime are calculated independently.

3. The course of limitations is suspended if the person who has committed a crime is evading the investigation or court. In this case, the course of the statute of limitations is resumed from the moment of the detention of the specified person or turning it with the obey.

4. The question of the use of limitations for the person who committed a crime, punishable by the death penalty or lifelong deprivation of freedom, is solved by the court. If the court considers it possible to release the specified person from criminal liability due to the expiration of the statute of limitations, then the death penalty and life imprisonment do not apply.

5. To persons committed to the crimes provided for in Articles 205, 205.1, 205.3, 205.4, 205.1, 205.3, 205.4, 205.5, parts of the third and fourth Article 206, part of the fourth article 211, Articles 353, 356, 357, 358 of this Code, but equally committed by the conjugate The crime activities provided for in Articles 277, 278, 279 and 360 of this Code, the statute time is not applied.

Commentary on Article 78 of the Criminal Code of the Russian Federation

1. The absence of criminal liability is the expiration of the deadlines established in the law from the date of the crime, which make it inappropriate to attract a person to criminal liability.

The period of limitations is calculated from the date of the crime and until the sentence entry into force. Consequently, exemption due to the expiration of limitations is possible at any stage of the criminal process until the sentence entry into force. In the criminal process, the expiration of limitations is considered one of the circumstances excluding the criminal proceedings.

If the expiration of the statutes is detected in the trial stage, the court brings the proceedings of the case to the end and decides the conviction with the liberation of the convicted person not from criminal liability, but from punishment.

The limitation period is calculated in relation to the labor crimes since their termination by the will of the perpetrator or contrary to it, and in relation to continued crimes - from the moment of the last criminal effect of the constituent crime. During the commission of crimes based on two actions, the limitation period is calculated from the date of the last criminal effect.

2. The legislation provides for three different options for solving the issue of the liberation of the person who committed a criminal act, from criminal liability:

1) after the expiration of the statutes of limitations, the competent government agencies are obliged to free the person who committed a crime from criminal liability. Deadlines for limitations are differentiated depending on the category (severity) of the crime committed;

2) after the expiration of limitations, the court receives the right to release a person who committed a crime punishable by the death penalty or lifelong deprivation of freedom, from criminal responsibility. This takes into account the entire set of circumstances characterizing the crime, personality and behavior of the person after committing a crime. For a positive solution to the issue requires the inner conviction of the composition of the court about the loss of the person who committed a particularly serious crime, public danger.

If the court considers it possible to release the specified person from criminal liability due to the expiration of the statute of limitations, then the death penalty and life imprisonment do not apply. The maximum deprivation period in this case may not exceed 20 years, but for the aggregate of crimes and sentences, respectively, 25 and 30 years. Therefore, in this case, the statutes of limitations, although not apply as a basis for exemption from criminal liability, nevertheless entrust the significant legislative mitigation of criminal repression;

3) terms of limitations are not applied to persons who committed crimes against peace and security of humanity, provided for by Art. Art. 353, 356, 357 and 358 of the Criminal Code.

3. In the case of the face of the new crime, the statutes for each crime are calculated independently.

4. Exemption from criminal liability for limitance is allowed, provided that during the established period, the person guilty of a crime was shied away from the investigation or court; Otherwise, the length of the statute is suspended.

Evasion from investigation or trial are intentional actions specifically aimed at evasion of criminal liability. As such, the practice considers the change in the name, accommodation without registration, plastic operations, etc. It may also occur as in cases where the body or court has already implemented certain procedural actions (the preventive measure is elected, and others are charged), so And then, when the face is hidden in order to evade criminal liability, without being still famous law enforcement and judicial authorities.

5. The long-standing period after its suspension resumes from the moment of detention of the hopping criminal or his obese. When suspending the course of limitations time, which expired before avoiding the face from the investigation or court, is not canceled, and is subject to a test for the longest limitation.

6. The termination of the initiated criminal case on the grounds provided for by the commented article is not allowed if the accused is opposed to this. The proceedings in this case continues in the usual basis. If it is completed by the incoming sentence, the court, taking into account the expiration of the statute of limitations, should free the perpetrators of punishment.

Another comment on Article 78 of the Criminal Code of the Russian Federation

1. The exemption from criminal liability due to the expiration of limitations is used in the presence of two conditions: 1) the expiration of the statute of limitations established by the criminal law; 2) the absence of circumstances violating the course of these deadlines.

2. According to the current Penal Code, the limitation time depend on the category of the crime.

3. In accordance with Art. The 78 Criminal Code is exempt from criminal liability if the following deadlines have expired from the day of the crime:

a) 2 years after committing a crime of little gravity;

b) 6 years after committing a crime of moderate;

c) 10 years after committing a grave crime;

d) 15 years after the commission of a particularly serious crime.

4. The Criminal Code of the Russian Federation establishes that the statutes of limitations are calculated from the day of the crime and until the sentence entry into force.

5. In accordance with Part 2 of Art. The 9th time of the commission of the crime recognizes the time of committing a socially dangerous action (inaction) regardless of the time of consequences. If the crime was not brought to the end due to the cause of the will of the guilty, the course of the statute of limitations begins from the moment of attempted the crime or preventing the preparation for the crime (gravity or especially hard).

6. A specific feature represents the calculation of the statute of limitation of criminal liability for the commissioning and continued crimes. Under the crimes, the limitation period is calculated from the moment of the actual termination of the crime, both by the will of the perpetrator and for reasons that do not depend on its will (detention, the obequinny turnout). When performing the continued crime, the statute of limitations begins to flow from the moment the guilty of the last criminal act, which is the link of the continued crime.

7. The final moment of calculating the timing of limitation of criminal liability is the day of the sentence of force. From that moment on, the criminal case under criminal procedure legislation cannot be initiated, and initiated subject to termination at any stage of the criminal process.

8. In the case of the face of a new crime, the statutes for each of them are calculated (flow and expire) independently, i.e. An increase in the pressure dates by law is not provided.

9. However, the course of limitations is suspended if the person who has committed a crime is evading the investigation and court. Under the evasion of the investigation and the court, any intentional actions committed by a person who is suspected of committing a crime or is accused of this, in order to avoid criminal liability for the deed (for example, a change in residence, a change in the last name, accommodation for fake documents, etc. .). In this case, the course of the statute of limitations is resumed from the moment of detention of the suspect (accused) or its appearance.

10. Exemption from criminal liability due to the expiration of the statute of limitation of criminal liability is carried out independently of the discretion of the preliminary investigation authorities or the court. In other words, the expiration of limitations forms a mandatory basis for exemption from criminal liability under Art. 78 CC. However, the situation is changing if it comes to crimes for which the law provides for the possibility of appointing the death penalty or life imprisonment (such in the special part of the Criminal Code of Art. Article 105, 277, 295, 317, 357).

11. The question of the application of the statute of limitations to the person who committed a crime, punishable by the death penalty or lifelong deprivation of freedom, is solved by the court (part 4 of Art. 78 of the Criminal Code). Consequently, in such cases, the expiration of limitations is not a mandatory basis for exemption from criminal liability. The court takes into account the person of the guilty, his behavior after committing a crime, the duration of time expired after the crime event, and other circumstances. At the same time, if the court considers it possible to free such a person from criminal liability due to the expiration of the statute of limitations, he is not entitled to appoint him a punishment in the form of a death penalty or life imprisonment, but should appoint imprisonment for a certain period.

12. In accordance with the norms of international law, the Criminal Code of the Russian Federation provides an exception to the overall rule on the application of the limitation period for criminal liability. According to Part 5 of Art. 78 of the Criminal term is not applied if the person is committed against peace and security of humanity provided for Art. Art. 353, 356, 357 and 358 of the Criminal Code (planning, preparation, disconnection or maintenance of an aggressive war; application of prohibited funds and methods of warfare; genocide; ecocide). Therefore, persons who committed these crimes can be criminally liable and convicted independently of the time expired since the commission of such a crime.

1. A person is exempt from criminal liability if the following deadlines have expired from the day of the crime:

a) two years after committing a crime of little gravity;

b) six years after committing the crime of moderate;

c) ten years after committing a grave crime;

d) fifteen years after committing a particularly serious crime.

3. The course of limitations is suspended if the person who committed a crime is evading the investigation or court or from paying a court fine appointed in accordance with Article 76.2 of this Code. In this case, the course of the statute of limitations is resumed from the moment of the detention of the specified person or turning it with the obey.

5. To those who have committed crimes provided for in Articles 205, 205.1, 205.3, 205.4, 205.1, 205.3, 205.4, 205.5, parts of the third and fourth Article 206, part of the fourth article 211, Articles 353, 356, 357, 358, 353, of this Code, as well as committed conjugates The implementation of the terrorist activities of the crime, provided for in Articles 277, 278, 279 and 360 of this Code, the statute time is not applied.

Comments to Art. 78 of the Criminal Code of the Russian Federation

1. Under the limitation of criminal responsibility, the expiration of the deadlines established by the Criminal Law after committing a crime is due to the person who committed it is exempt from criminal liability.

2. The material and legal basis of the application of the prescription is the inexpediency of bringing criminal liability due to a significant reduction in the public danger of a crime upon expiration of a long time after its commitment and a significant reduction in the danger of a person who is not evading the investigation and the court. The question of attracting responsibility for a crime committed in the distant past loses its relevance, and the crime event itself is lost in the memory of victims, witnesses and other persons.

3. For the application of limitations, the presence of two conditions is necessary:

1) the expiration of the deadlines established by the law;

2) the absence of circumstances violating the limitation course.

4. The current legislation, in contrast (from the previous Criminal Code), puts the duration of the statute of limitations into dependence on the term of the sentence provided for in the crime committed, but on the category of this crime. In accordance with Art. 78 The person is exempt from criminal liability if the following deadlines have expired:

a) 2 years - after committing a crime of little gravity;

b) 6 years - after committing the crime of moderate severity;

c) 10 years - after committing a grave crime;

d) 15 years - after committing a particularly serious crime.

The Criminal Code first formulated the rules for the calculation of the statute of limitations, indicating that they are calculated from the date of the crime and until the sentence entry into force. This means that no procedural action to attract a person to criminal liability does not stop the current limit flow. If even the person was convicted, but he did not have time to enter into force before the expiration of the pressure prescribed by the law, the person is exempt from criminal liability.

The limitation period is calculated from 0 hours of day, following the day of the crime, and ends in 24 hours of recent pressure. For example, the limitation period for criminal responsibility for the crime of moderate gravity, perfect on January 9, 2008, ends at 24 hours on January 9, 2014.

Before the adoption of the current Code, the issue of calculating the limitations of the criminal prosecution for the acts in which the offensive of socially dangerous consequences was separated from the commission of unlawful actions (inaction) was not settled. In accordance with Part 2 of Art. 9 of the Criminal Code "The time of committing a crime recognizes the time of committing a socially dangerous action (inaction) regardless of the time of the consequences." Consequently, it is from the moment of the implementation of the actions provided for by the criminal law (inaction) should calculate the limitation period for criminal liability.

Some specificity has the procedure for calculating the time limitations for criminal liability for the last and continued crimes.

The crime is recognized as actually ended from the moment of its termination either by the will of the perpetrator, or for the reasons independent of his will. The continued crime is distinguished by the fact that in fact it continues at the stage of the crime of the crime, so the limitation period for criminal responsibility should be calculated from the moment of the latter criminal action, which is a link in a single chain of actions covered by the guilty intent.

Thus, when trading and continued crimes, the course of limitations begins from the moment of actual, and not a legal end of the crime.

5. The expiration of limitations eliminates criminal liability only under the condition that their current was not broken. The Criminal Code provides one way of violation of the statute of limitations - their suspension. The basis of the suspension of limitations for the current legislation is only a person evasion. A person who evasses from investigation or trial should be recognized not only by the accused or suspect, but also a person who was caused, but did not appear for interrogation about the crime committed by him. The person who committed a crime committed evading the investigation or court, but it is not yet known to law enforcement agencies, as well as the person, whose involvement has not yet been established for the crime. Under the evasion of the investigation and the court, you need to understand any intentional actions committed by a person in order to avoid criminal liability for the prosecuted and the investigation authorities or the court before the need to organize special search measures on the territory of the entire country or some limited area (change of residence, a change in the name , accommodation on strangers or fake documents, etc.).

The suspension of the statute of limitations means that it does not flow all the time when the person who committed a crime shied away from the investigation or court. After the detention of this person or its voluntary appearance on the basis of the statute of limitations resumes. In this case, the time expired until evasion is summed up with the time passed after the detention of the face or after its turning point. And if the sum of these two segments of time until the sentence entry into force exceeds the statute of limitations established by law, then criminal liability for this crime is excluded.

The previous Criminal Code established the limit (equal to 15 years), after which the person was not subject to criminal liability, even if it all this time evasioned from the investigation or a court without making a new crime. Currently, the Criminal Code does not contain such a limitation, therefore the evasion of the person who committed a crime, from the investigation or the court suspends the course of limitations for an unlimited time.

6. According to the current legislation, if the face of the new crime is committed during the statute of limitations for the previous time limitations for each crime, they are calculated independently. This means that the statute of limitations for the first crime continues to flow continued, and the statute of limitations for a new crime begins to flow in parallel regardless of the first crime.

In the case of a person at the same time, two or more crimes of different categories of gravity, the limitation period for criminal liability for each of them is flowing separately: first expires the statute of limitations for a less heavy, then for more hard, etc.

7. The limitation periods established by criminal law are applied regardless of the discretion of the investigation or trial bodies: their expiration is a mandatory basis of exemption from criminal liability. However, this provision does not apply to crimes for which the law provides for the possibility of appointing punishment in the form of a death penalty or life imprisonment.

In accordance with Part 4 of Art. 78 CC. The question of applying the statute of limitations to the person who committed a crime for which the law is punished in the form of a death penalty or life imprisonment is solved by the court. In such cases, the expiration of the prescribed limitations is not mandatory, but an optional basis for the liberation of the guilty of criminal liability. It may not be terminated at the preliminary investigation stage and is necessarily directed to the court to address the issue of applying limitations. The court takes into account the personality of the perpetrator, the duration of time that has expired since the commission of the crime and other circumstances. But if the court considers it possible to free such a person from criminal liability in connection with the expiration of a 15-year term, he is not entitled to appoint him a punishment in the form of a death penalty or life imprisonment and is obliged to appoint imprisonment for a certain period.

8. Exemption from criminal liability due to the expiration of the statute of limitations is carried out in a certain procedural form. The initiated criminal case is subject to termination at the stage of preliminary investigation, as the body of the inquiry, the investigator or the prosecutor makes the appropriate ruling. In the stage of legend, the court is terminated by the decision of the judge (the definition of the court). However, the termination of the criminal case in connection with the expiration of the statutes of limitations is not allowed if the accused against this objects (for example, considering himself innocent). In this case, the proceedings continues in the usual basis. If the fact of the expiration of the statute is set during the consideration of the case by the court, the proceedings are communicated to the end, and the court makes either an acquittal or conviction, but with the liberation of the convicted person from punishment.

9. In accordance with the International Convention on the non-use of the statute of limitations to war criminals and crimes against humanity of 26.11.1968, the Criminal Code provides for an exception to the general rule on the timing of the limitation of criminal responsibility. As established in part 5 of Art. 78 of the Criminal Code, the statutes of limitations are not applied to persons who committed the most serious crimes against the world and the safety of humanity provided for by Art. Art. 353, 356, 357 and 358 of the Criminal Code. Persons who committed any of these crimes can be brought to criminal liability and convicted independently of the time expired after committing a crime. At the same time, persons convicted of genocide may be sentenced to death or lifelong deprivation of freedom, which is provided for by the sanction of Art. 357 Criminal

In some cases, the criminal can avoid bringing to responsibility, even if a legitimate decision was made in relation to him. But it should be borne in mind that for this reason for the release of exemption from criminal responsibility there is a certain period of limitation on criminal matters. This concept is nothing in common with the limitation of civil matters.

Features of the statute of statute

Article 78 of the Criminal Code provides a condition for the expiration of limitations as a basis for exemption from criminal liability. The crime commitment may not always be detected in a timely manner. The beginning of the procedure for finding a criminal using operational-search activities should respond to a certain temporary framework, otherwise the violator will avoid punishment.

There is another problem of legal application: the expiration of a certain article 78 may occur in the case of deficiency of the evidence base. According to some criminal cases in relation to criminals, law enforcement officers cannot collect material evidence that directly indicate their guilt. In this regard, to attract them to justice is not possible, and after the expiration of the time the right to the presentation disappears.

A feature of this type of liberation from responsibility is the absence of any actions suspected of committing crimes that could interfere with the restoration of justice. The relevance of the criterion of public danger is determined at the time of the offense and for some time after. Therefore, if the criminal is not hidden from the investigation, the danger for the society of the violation of them ceases to be substantial or disappears at all.

Important! The violator should not change the appearance, change the place of residence or in any other way to deviate from the search. Otherwise, the provisions of Article 78 of the Criminal Code of the Russian Federation cannot be applied to it.

In this regard, another specific feature arises such a liberation measure - unconditional. No one can affect the course of the crime investigation process. Thus, neither law enforcement agencies nor the violator can in any way extend or reduce the time allotted by law for condemnation.

It is noteworthy that not all states are equally suitable for such excess release from punishment. So, for example, in the United States there is no such concept. But but the criminal can count on a solid reduction of the sentence of a sentence, if it makes a comprehensive confession or a jaw.

Kazakhstan and Belarus do not accept the appointment of a certain period of limitations for especially grave crimes. And Ukraine provides for exemption from punishment even in case of interrupting such an indicator. In Latvia, such a term stops at the time of initiating a criminal case.

Rules for calculating criminal cases

Attracting criminal liability cannot be made if a sufficient amount of time has passed since the crime. The timing range depends directly from the severity of the perfect crime. In the Criminal Code of the Russian Federation, three varieties of crimes were recorded, for which the moment of making illegal behavior is calculated in different ways: the completed, lasting and continued. In the first case, this moment is determined by the date of the objected by the criminal purpose of the action. In the second case, he begins to flow when the criminal manifested himself. And in the third case, when he made the latter of many homogeneous criminal encroachments. Of course, crimes are performed at different times, but for the uniformity of the approach to this category, the legislator approached the same way. The countdown is kept at the time of the beginning of the day the day after the crime and ends at the time the last calendar day of the period established in Article 78 expires.

Severity of crime

The fundamental criterion of this type of liberation is the severity of the perfect misdeed. The qualifications of the crime plays, if, in accordance with the sanction of part first, a crime of small severity is defined, and during the layering of qualifying signs, it is a crime of moderate severity, then, accordingly, a calculation rule will be applied in accordance with the qualifications. It is worth noting that the degree of gravity is an interdependent category with a detention period. So:

2 years must pass from the moment of a crime of a little gravity, so that the criminal could not be brought to justice (according to the sanction of the article, imprisonment cannot be higher than 3 years);
after 6 years, the statute of limitations for the crimes of moderate gravity expires (by sanction there is imprisonment of not more than 5 years on intentional affairs and 2 years in careless crimes);
after 10 years, the criminal who committed a grave crime will not be responsible (the sanction does not provide for more than 10 years of punishment). It should be noted that when accused of killing, it is possible to determine the moment of termination of the expiration of time for punishment only after the sentence is announced. If 6 years of imprisonment be appointed, after 11 years of searching for evidence, the violator will be released, and if the maximum period is 15 years, it will be brought to justice;
15 years is given to investigators to bring to justice on particularly grave crimes (the sanction may contain a range of 10 years and to life imprisonment).

In the event that there are several episodes, each of which is qualified as an independent crime, several deadlines are applied, but not intersectable and not replaced by each other.

Suspend the course of the period of limitations can either prosecutor or court.

In what cases does not act

The abandonment of the Russian Federation does not apply only to a complex of crimes combined by a single object - public safety and order. In 2016, Article 361 was introduced in the Criminal Code of the Russian Federation, which provides for responsibility for the act of international terrorism. It also completed a list of such violations, criminal prosecution for which cannot be repaid for the prescription. In general, you can list only some of the compositions for which no limit is valid:

hijacking vessel;
ecoocide;
genocide;
attack on diplomsses or other institutions that are under international security;
unit of hostilities, etc.

Thus, in Russia, quite humanely approached the interpretation of the limitation of criminal matters. The temporary framework itself is logical and the degree of public danger, and the deadline for the possible conclusion of the criminal.