The limitation period for criminal matters. Terms of limitation for criminal offenses The term of attraction of crimes of small severity

In the Criminal Code of the Russian Federation there are certain times, during which a person can be held accountable for the deed. This time period will depend on the severity of perfect villains, after which the criminal is exempt from criminal responsibility by the court if all conditions defined by law are provided.

Timing

The time frame, during which the person can be held accountable for the perfect act, indicated in Art. 78 CC. At the same time, this period will depend on the degree of danger of the deed. Terms here are as follows:

For two years, for the atrocities of the smallest gravity;

Six years, if their average is the degree;

10 years, if the act is hard;

Fifteen years in case of a special grave crime.

After the expiration of these time periods, the person must be exempt from the persecution by law enforcement agencies, which the investigator or the investigator makes a motivated decision. In the event that the question of exemption from criminal liability for a perfect act should be solved only by the court, the end will not have a decisive value here. The only thing that in this case will be unlawful is the imposition of the most severe penalties in the form of life isolation from society or the death penalty. Therefore, such a court verdict can be appealed to the higher authority.

Does not apply

In addition to the fact that a person may be a punishment appointed by the court, when the term of attraction to criminal liability has not yet ended, it has the right and exemption from it after the completion of this time period, if this is not to prevent the norms of the Criminal Code. Although, of course, this rule applies not to all crimes.

For example, for acts against state power, as well as for terrorism and activities related to it, an aircraft capture, the seizure of people in hostage, the expiration of limitations is not provided. This indicates that at any time and throughout his life, the offender will be responsible for the deeds before justice.

If the attacker is hiding

A citizen who was served in the run cannot hope that in this case the rule of limitations for the executed act will be applied to it. Because at this time the investigation into the case is suspended and renewed only after a person is found. That is why the hiding attacker cannot hope that the term of attracting criminal liability will pass, and it will be released from legal punishment.

Particularly grave atrocities

If the person for the deeds threatens the death penalty or lifelong isolation from society, the expiration of the statute of limitation of attracting criminal liability does not have a decisive value here. Because the fate of the person in this case defines the judicial authority, which has the right to apply any kind of punishment, except for tough and higher measures.

An example here can be the next one. Suppose a citizen deliberately and with particular cruelty deprived of life 10 people, for which he threatens only the most stringent punishment - this isolation from society to the end of his life, because the death penalty is currently suspended. Therefore, even after fifteen years after his destiny, only the court will decide. At the same time, the prescribed punishment may be in the form of a conclusion, but only for a certain period.

The general rule about the end of the time period, after which the person is exempt from persecution by law enforcement agencies, does not work here.

Features of reference

The term of attraction to criminal liability will be calculated from 00.00 hours of the next day after the deed. If a citizen in the specified period makes another atrocity, then the time for the reference for each of the crimes is made separately.

Petition

If the person accused of committing the act, the deadlines for the limitations of which have already expired, wants to free themselves from the procedural claims from the investigation or court as soon as possible, then he needs to apply with the relevant statement in that state body where his business is. It can also make his lawyer, which in this case will be much more profitable for the citizen himself.

The application must be drawn up as follows.

Persecution

due to the fact that the term of attraction to criminal liability is over.

In the production of ______ (the name of the institution, body) is the case of a citizen _______________ the accused of committing the atrocity provided for by Art. ____ Code of Crimes.

This crime refers to the category of the smallest gravity, which configures _____________. From the moment of the deeds have passed more than two years, in accordance with what, guided by Art. Art. 24, 27 CPC, please:

To terminate the criminal prosecution in relation to _________ at part ._____.

Cancel preventive measure in the form of ______ (specify).

Lawyer ____________ (decoding).

In the event that the specified application is drawn up without violating the norms of the procedural law and is considered in the time provided for this, the citizen will be able to free themselves from the persecution of law enforcement agencies and the courts, because the expiration of the time to attract criminal liability directly indicates this fact .

It should not be forgotten that this circumstance is not rehabilitating for a person and therefore does not prove his non-involvement in the deed. But at the same time, it does not allow to recognize it completely guilty.

Sometimes there are such situations in practical activities when the procedural person offers a citizen to confess to the deed to complete the investigation of the case on this basis, and this is a gross violation of legislation and a reason for appeal.

Advanced

This concept means a certain time period, after which the person can no longer be attracted to the responsibility for the deed. Art. 128 Code of Criminal Procedure It is defined as follows:

If an accurate date is known, then from 00.00 hours of the following days after committing a crime until the end of the last day of the prescription of limitations;

Since the beginning of the month before the end of the specified period (depending on severity);

In case the atrocities are several, then from the moment the last one.

Here the stage of the case of the case has considerable importance. So, for example, if the expiration of the term of attraction to criminal liability occurs before the trial, then the case can be terminated during the preliminary investigation, if, of course, a citizen himself is not against it. Otherwise, the process is completed only after making a sentence, which makes an indication that the convicted exempted from punishment on the basis provided for by Art. 78 CC.

Some species of perfect atrocities do not apply for long-term prosecution. Articles specified in the Code of Crimes and confirming this fact following: 205, 206, 211, 356, 357, 358, 360, 278, 277.

Nuances

In criminal law, there is one feature that allows you to free a person from punishment after his condemnation, but only if the period of the accusatory sentence ended. This norm is enshrined in Art. 83 Code of Criminal Acts. If a convict evades from serving a sentence and hides, then this period is suspended.

Certain period

After committing a specific crime, the timing of the possibility of attracting a person to criminal liability, and they are as follows:

Small gravity - at least 2 years;

Middle - six;

Serious implies the time interval in the form of ten years;

Particularly heavy - fifteen or more.

If the atrocities were somewhat, then the calculus of the time period occurs since the latter.

Suspending

In this case, the guilty should not be hoped for the fact that if you wait for a while, it will be possible to get away from punishment. Here it is the fact that when evasion of an attacker from the investigation of the case and justice, the timing of limitation of long-term prosecution is suspended. The Criminal Code speaks about this circumstance in Article 78.

In such a situation, some difficulties in the following points may appear in the law enforcement authorities:

With a legal assessment of the reasons for which the person was hidden from the investigation;

In the case when it is necessary to determine the personality of the criminal;

Start counting deadlines after suspending the proceedings.

Some types of atrocities

For each committed crime, it is possible to bring to criminal liability. The Criminal Code determines them in the category of gravity of the deed.

Let us give an example. The theft is a hidden from others the embezzlement of someone else's property. Punishment for this type of act can be from two to ten years, depending on the part of the Criminal Code. From this it follows that the crime can be attracted by a person to justice for two and ten years.

It turns out that for theft of the phone from the jacket or person's bags, the guilty will receive a period of two years, and if the atrocity is committed by a group of people in an apartment or shop, with a significant damage, then up to 10 years. This means that the time period after the deed increases by the same number of years.

The following example. Establishment of the property of another person with the help of deception or abuse of trust - for him the code determines the punishment in the form of isolation from the society, which in time ranges from two to ten years. This will depend on the specific atrocity and part 159 of the Criminal Code.

The term for criminal liability for fraud can be both two years and ten, if the act is equal to the gravity. Accordingly, if the attacker deceived the grandmother, and the latter gave him 3000 rubles, he will receive only 2 years of imprisonment, and if he seized her apartment, then up to 10 years. Consequently, during the entire period after the act, the person can be held accountable to the law and incur punishment.

Arbitrage practice

In this case, there are two options for the termination of a case regarding a particular citizen.

In the first case, if the defender of the accused grants the written consent of his principal in court to complete the investigation of the case due to the fact that the timing of attraction of criminal liability was expired. The Criminal Code speaks about such a liberation from punishment in Art. 78. It is not but also not considered a confirmation of the guilt of the face.

Another option is an indictment by the court indicating that the person is exempt from punishment, because the timing of attracting criminal liability is considered to be completed at the prominance of a certain amount of time.

An example can be given next. Citizen was initiated against the Code of Code. The punishment of this part provides for up to two years of isolation from society. By the time of the court hearing, a biennium was held from the date of the act. In connection with the establishment of the court of this fact, criminal prosecution was discontinued.

Next indicative example. A citizen worked at the hospital a medical sister in the infectious department. After the patient was delivered at ambulance with a heavy form of chemicals poisoning, he was provided by the doctor first aid, after which he was placed in the ward of intensive therapy and was under the supervision of specialists. A person needed to put injections and make dropper with drugs that the accused one day did not fulfill, and this led to the fact that the victim was in resuscitation in the state of the coma and later died, not coming into consciousness. The nurse was charged by Art. 109 Code of atrocities, the punishment for which there can be no more than three years of isolation from society, as it refers to the category of the smallest gravity.

The accused after a number of expertise fully recognized his guilt.

By the time of the court hearing, the defender defended her written consent to stop the case in connection with the end of the statute of limitations. The basis for filing to the court of this petition was Art. 78 Code. Because in her first part, it is precisely written about what time limits for criminal responsibility exist for acts of little gravity, after the completion of which the person is exempt from punishment.

The prosecutor did not object to satisfy this statement. The court, after hearing all the arguments of protection, came to the conclusion to satisfy the petition of a lawyer and free his trust from responsibility for the deed. Because from that fateful moment, more than three years have passed, on the basis of which he issued a reasoned ruling.

The following example. The world court received a case on charges of a citizen in the atrocities, which provided for the investigator did not indicate the fact that the statute of limitations on this atrochement had already expired. This fact was established by the court on his own. The public prosecutor in the process expressed his position to recognize the person guilty and make a sentence, which indicate that a citizen is exempt from liability, which would not be completely legitimate.

The court ceased to criminalize against a citizen at the end of the statute period, which was prescribed in the relevant decision.

The term of bringing me to criminal liability expired. I filed an application for termination. However, the investigator requires that I recognize the guilt and only then he will decide. Do I understand correctly that if I recognize the guilt, then I will deprive the right to rehabilitation?

Question: №373 from: 2014-01-28.

Essentially a given question we inform the following.

According to Part 1 of Art. 78 of the Criminal Code of the Russian Federation of June 13, 1996 N 63-FZ (hereinafter referred to as the Criminal Code of the Russian Federation) is exempt from criminal liability if two years have passed after committing a crime of small gravity (deliberate and careless acts are recognized for crimes for committing which the maximum punishment provided for by the Criminal Code does not exceed three years of imprisonment); Six years after the commission of secondary severity (the crimes of moderate severity are confessed by intentional acts, for which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed five years of imprisonment, and careless acts, for which the maximum punishment provided for by the Criminal Code exceeds three years of deprivation freedom); Ten years after committing a serious crime (serious crimes are confessed by intentional acts, for which the maximum punishment provided for by the Criminal Code does not exceed ten years of imprisonment); Fifteen years after the commission of a particularly serious crime (intentional acts are particularly grave crimes, for which the Criminal Code of the Russian Federation is punished with imprisonment for a period of over ten years or more severe punishment).

In accordance with Part 1 of Art. 212 The Criminal Procedure Code of the Russian Federation of December 18, 2001 N 174-FZ (hereinafter referred to as the text of the Code of Criminal Procedure), the criminal case and criminal prosecution are terminated if there are grounds provided for in Articles 24-28.1 of this Code.

According to paragraph 3 of Part 1 of Art. 24 Code of Criminal Procedure Criminal case cannot be initiated, and an initiated criminal case is subject to termination in case of expiration of the limitations of criminal prosecution.

At the same time, in cases of termination of a criminal case on the grounds provided for in paragraphs 1 and 2 of the first part of Article 24 and paragraph 1 of the first part of Article 27 of the Code of Criminal Procedure, the investigator or the prosecutor takes measures to rehabilitate the face.

The criminal case is terminated by the decisions of the investigator issued on its own initiative in accordance with the current criminal procedure legislation, or according to the application (petition) of the suspect (accused), his defender.

In practice, often, when preparing a decision on the termination of a criminal case, the investigator asks to recognize the guilt in a perfect criminal act, which is illegal and unreasonable and contrary to the Code of Criminal Procedure.

So, according to Part 2 of Art. 213 Code of Criminal Procedure in the Resolution shall indicate: 1. Date and place of its submission; 2. Position, surname, initials of a person who made it; 3. Circumstances that served as the reason and the basis for initiating a criminal case; 4. The item, part, article of the Criminal Code of the Russian Federation, providing for the crime, on the basis of which a criminal case was initiated; 5. The results of the preliminary investigation indicating the data on persons in respect of which criminal prosecution was carried out; 6. Used preventive measures; 7. Point, part, Article Code of Criminal Procedure, on the basis of which the criminal case terminates and (or) criminal prosecution; 8. Decision on the abolition of a preventive measure, as well as the imposition of arrest on property, correspondence, temporary removal from the post, control and recording of negotiations; 9. Decision on physical evidence; 10. The procedure for appealing this resolution.

It should be noted that, in the sense of the current criminal procedure legislation, the termination of the criminal case in view of the expiration of the statutes of criminal prosecution does not relate to rehabilitating grounds.

Attention! The information provided in the article is relevant at the time of its publication.

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.

The expiration of the statute of limitations is the non-unrealistic basis of the termination of the criminal case (paragraph 3 of Part 1 of Art. 24 of the Code of Criminal Procedure of the Russian Federation), related to the release of the person under its consent (part 2 of Art. 27 of the Code of Criminal Code) from criminal liability (Article 78 of the Criminal Code of the Russian Federation) , not just a punishment.

Recognition of the expiration of the statute of limitations to the foundation of the termination of the criminal case is due to the inappropriateness of the application of criminal liability measures due to a significant reduction in the public danger of a crime after a significant time since its inception and the implementation of the principle of humanism in criminal proceedings.

The decision to terminate the criminal case under the foundation under consideration is not replacing the verdict of the court, and on the legal consequences is not an act that the guilt of the accused in the sense is established, as provided for by Art. 49 Constitution of the Russian Federation. This means that the termination of a criminal case on the basis of paragraph 3 of Part 1 of Art. The Code of Criminal Procedure of the Russian Federation, does not entail the official statement by the court on behalf of the state of guilt or innocence of a person in the crime incriminated to him.

The material law rate (part 2 of Art. 78 of the Criminal Code of the Russian Federation), which enshrines the foundation of the liberation of persons from criminal liability, enters into a collision with the norms of procedural law, regulating the grounds and procedure for the termination of the criminal case in connection with the expiration of the statute of limitations at the court session (p. 3 h. 1, Art. 24, Part 1 of Art. 254 and Part 8 of Art. 302 Code of Criminal Procedure).

In accordance with Art. 78 of the Criminal Code of the Russian Federation during the statute of limit continues until the court's sentence entry into force, i.e. Formally, the possibility of liberating persons from criminal liability is maintained even after making a sentence (but before the entry into force of it), if at this moment the limitation period has expired.

At the same time, Part 8 of Art. 302 Code of Criminal Procedure of the Russian Federation provides that if the founding of the termination of the criminal case specified in paragraph 3 of Part 1 of Art. The 24 Code of Criminal Procedure of the Russian Federation, they are found during the trial, the Court continues to consider the criminal case in the usual manner before its permission essentially and decides the conviction with the liberation of the convicted person from punishment. Thus, in fact, the Code of Criminal Procedure of the Russian Federation excludes the possibility of liberation of a person from criminal liability by the court not only after making sentence (prior to the entry into force), but also during the trial before the sentence.

Provisions of Art. 78 of the Criminal Code of the Russian Federation, as indicated by the Constitutional Court of the Russian Federation, should be applied by ships taking into account the provisions of Part 2 of Art. 27 and part 8 art. 302 Code of Criminal Procedure.

Based on the meaning of the procedural norms, the issue of termination of a criminal case on the basis of paragraph 3 of Part 1 of Art. The 24 Code of Criminal Procedure of the Russian Federation is solved by the court only if the limitation period has expired at the time of decision-to-decision by the court under the criminal case. This issue is considered by the court at the request of the parties or on its own initiative (paragraph 3 of Part 2 of Art. 229 of the Code of Criminal Procedure) at the preliminary hearing (paragraph 4 of Part 1 of Art. 236 of the Code of Criminal Procedure) preceding the trial. According to the results of the preliminary hearing, when confirming the foundation and conditions for termination of criminal prosecution due to the expiration of the statutes of limitations, the judge makes a decree on the termination of the criminal case (paragraph 4 of Part 1 of Art. 236, Part 1 of Art. 239 of the Code of Criminal Procedure.

Positions of Part 8 of Art. 302 Code of Criminal Procedure of the Russian Federation are also in contradiction with the provisions of Part 1 of Art. 254 Code of Criminal Procedure. The imperative wording of the latter involves the duty of the court to terminate the criminal case during the court hearing, if the circumstances specified in paragraph 3 of Part 1 will be established during the trial. 1 24 Code of Criminal Procedure.

As a liberated of criminal liability, a person exempted from punishment due to the expiration of the statute of reference to criminal liability is considered non-audible (part 2 of Art. 86 of the Criminal Code of the Russian Federation). But when publishing a person from criminal liability, unlike liberation from punishment, a conviction of the court is not submitted to him, its actions are not subjected to official censure and he does not attach the status of a convicted (guilty).

The Constitutional Court of the Russian Federation in the descriptive-motivative part of the decision of October 28, 1996 in connection with the complaint of a citizen O.V. Sushkova recognizes that the termination of the criminal case on the non-unrealistic basis, although it suggests (by virtue of the relevant norms of the criminal law), the liberation of the person from criminal liability and punishment, "but is regarded by law enforcement practices as based on the investigation materials that the person has made an act containing the signs of a crime and therefore the decision to terminate the case does not entail the rehabilitation of the person (recognition of it innocent), i.e. The question of his guilt remains open. "

Termination of a criminal case in connection with the expiration of the limitation of criminal prosecution

Essentially a given question we inform the following.

In practice, often, when preparing a decision on the termination of a criminal case, on the application (petition) of the suspect (accused), his defender, the investigator asks to recognize the guilt in a perfect criminal act, which is illegal and unreasonable and contrary to the Code of Criminal Procedure.

Termination of a criminal case due to the expiration of limitations

By the decision of the magistrate Judge of the Judicial Page No. 1 of the Boric Judicial N-th area of \u200b\u200bthe Window, the criminal case production against Volkov was discontinued on the basis of paragraph 3 of 1 Article. 24 Code of Criminal Procedure of the Russian Federation in connection with the expiration of the timeline of the reference limitation of criminal liability. The wolves were accused of committing a crime provided for in Part 1 of Art. 115 of the Criminal Code of the Russian Federation. From the materials of the criminal case, it is seen that the wolves categorically objects to the termination of the criminal case on the basis of the expiration of the statute of limitations.

Question: Evaluate the procedural decision of the magistrate judicial judicial area No. 1 of the Borskiy District Court to terminate the criminal case against Volkova. Does the world judge have the right to stop criminal proceedings due to the expiration of limitations?

Answers of Lawyers (5)

Hello, the decision of the world judge of the judicial area No. 1 of the Borsion Court will be unlawful, since at least 24 contains such a basis

Code of Criminal Procedure, Article 24. Grounds of refusal to initiate a criminal case or termination of a criminal case

1. The criminal case cannot be initiated, and the initiated criminal case is subject to termination on the following grounds:

3) the expiration of the deadline for the limitations of criminal prosecution;

But according to Article 27 of the Code of Criminal Procedure, if the accused objects, then it continues in the usual basis.

According to Part 2 of Art. 27 Code of Criminal Procedure

2. Termination of criminal prosecution on the grounds, specified in paragraphs 3 and 6. parts of the first article 24, Articles 25, 25.1, 28 and 28.1 of this Code, as well as paragraphs 3 and 6 of the first part of this article, is not allowed if the suspect or accused against it objects. In this case, the criminal proceedings continue in the usual basis.

Consequently, such a decision can be canceled or changed by the appellate court when submitting the appropriate complaint with the person in respect of which the criminal case is terminated, its defender or victim in the manner established by Art. 389.1-389.4 Code of Criminal Procedure.

According to Part 1 of Art. 389.17 Code of Criminal Procedure of the Russian Federation the foundations of cancellation or change of judicial

solutions by the court of appeal are essential violations

criminal procedural law, which by deprivation or restriction

the rights of participants in criminal proceedings guaranteed by the Criminal Code of Criminal Proceditors, non-compliance with the procedure of legal proceedings or otherwise influenced or could affect the decision of a legitimate and reasonable judgment.

The termination of the proceedings in case of the expiration of the limitations of criminal prosecution is possible with the consent of the defendant and if it is clarified by the consequences of such termination.

In case of objection to the accused (defendant) against the termination of the criminal case due to the expiration of the limitations of the criminal prosecution. Application of Art. 78 of the Criminal Code of the Russian Federation is possible in the manner prescribed by Part 8 of Art. 302 Code of Criminal Procedure. - The court continues to consider the criminal case in the usual order before its permission essentially

8. If the grounds for termination of the criminal case and (or) criminal prosecution, indicated in paragraphs 1 - 3 of the first part of Article 24 and paragraphs 1 and 3 of the first part of Article 27 of this Code, are found during the trial, t.the court continues to consider the criminal case in the usual manner before its permission essentially. In cases provided for in paragraphs 1 and 2 of the first part of Article 24 and paragraphs 1 and 2 of the first part of Article 27 of this Code, the court decides the acquittal sentence, and in the cases provided for in paragraph 3 of the first part of Article 24 and paragraph 3 of the first part of Article 27 of this Code, - conviction with the liberation of convicts from punishment.

In the event of an indictment, the convict is exempt from punishment.

Article 78 of the Criminal Code of the Russian Federation. Exemption from criminal liability due to the expiration of limitations

The world judge has the right to stop production in a criminal case due to the expiration of limitations only after the consideration of the case is essentially with the submission of an indictment.

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Frequency of criminal law

Under the limitation of criminal prosecution, the expiration of the statutory period is understood, which eliminates the possibility of attracting a person to criminal liability. In accordance with Art. 78 of the Criminal Code of the Russian Federation The person who committed a crime is exempt from criminal liability under the following two conditions: if the pressure regulated by law has expired and if the person does not shy away from the investigation and the court. Criminal law enshrines various terms of limitation, depending on the severity of the perfect crime.

The statute of limitations begins to flow from the clock of the day, following the day of the crime, and ends at zero hours of the last day of the pressure period (Article 128 of the Code of Criminal Procedure). The investigators and the court may not always establish a specific crime date. The month of committing act is indicated, the statute of limitations should be calculated from the first day of the month.

The initial moment of the course of limitations should be recognized:

moment (day) of acting, regardless of the moment of the implication. In the complex compositions of crimes with two actions, the day of the crime will be considered the day of the second action;

the moment of the last act in continued crimes;

the moment of termination of criminal activity, both by the will of the perpetrator, and independently of it, in the manifests of crimes.

With a combination of crimes, the statutes of limitations are calculated for each committee separately. They begin to flow from the moment of the appropriate acts. If the crime is completely in complicity, then for each partner there is a law of time to fulfill their legal role.

Consider the use of limitations in various stages of the criminal process.

1. The limitation period of criminal prosecution has expired during pre-trial production. Termination of a criminal case on a non-conventional basis as a form of liberation of a person from criminal liability is possible, but in this case the right of citizenship of criminal proceedings are guaranteed by the Constitution of the Russian Federation. One of the mandatory conditions is consent to the termination of the criminal case (criminal prosecution) of the accused or suspect, since the circumstance specified in paragraph 3 of Part 1 of Art. 24 Code of Criminal Procedure of the Russian Federation is recognized by non-unrealistic. If a person objects to the termination of a criminal case, a conviction is made in the case with the liberation of convicts from punishment.

2. The preliminary investigation is completed, the expiration of the statute of limitations occurred after the arrival of a criminal case into court. If there are grounds for termination of a criminal case (the petitions of the accused of termination of the case over the expiration of the statute of limitations), in accordance with paragraph 3 of Part 2 of Art. 229 Code of Criminal Procedure of the Russian Federation holds a preliminary hearing and makes a decision on the termination of the case.

3. The period of limitations has expired in the stage of trial. In judicial practice, there are two forms of decision to apply the statute of limitations. The termination of the case occurs over the expiration of the statute of limitations without continuing the hearing when the defendant agrees to the termination of this basis. If the defendant does not agree to the use of the statute of limitations, challenges the guilt upon the charges, then the proceedings continue in the usual manner. In such a situation, the courts sometimes make rulings with the release of the guilty of criminal liability, and not a sentence with exemption from punishment.

So, the Sverdlovsk Regional Court of K. was convicted under Part 1 of Art. 290 of the Criminal Code of the Russian Federation to two years of imprisonment. Based on Art. 78 of the Criminal Code of the Russian Federation from the appointed sentence exempted over the expiration of the statute of reference to criminal liability. The period of limitations has expired in the stage of trial. The judicial board in criminal cases of the Supreme Court of the Russian Federation abolished the sentence against K. and the case ceased on the basis of Art. 78 of the Criminal Code in connection with the release of it from criminal liability over the expiration of limitations. The judicial board indicated that if there are grounds provided for by Art. 78 of the Criminal Code, the conviction could not be resolved at all.

The verdict of the Chkalovsky District Court of Yekaterinburg C. It is found guilty of part 1 of Art. 264 of the Criminal Code. The court did not appoint C. Punishment, freed him from criminal liability, deciding the sentence: to recover from C. in favor of the victim D. at the expense of damage to 286,000 rubles. and compensation of moral damage in the amount of 5000 rubles. When reviewing in order of supervision, the verdict in relation to C. canceled, since the court decision of the guilt of C. is contrary to the circumstances established in case, as well as the findings contained in the conclusion of autotechnical examination. The case is aimed at a new consideration. After making a sentence of the Chkalovsky district court in the case of Ch. Speech could only be able to exempt from punishment that was not appointed.

The inconsistency of judicial practice is also due to the fact that Art. 78 of the Criminal Code is located in Ch. 11 "Exemption from criminal liability." With regard to criminal proceedings, this means that the criminal case is terminated including in the court of first instance, if the defendant does not object. However, in judicial practice there is a duality: some courts exempt the guilty of criminal liability, others from punishment.

Article 254 of the Code of Criminal Procedure provides that the Court ceases to criminalize if the circumstances specified in paragraph 3 of Part 1 will be established during the trial. 24 Code of Criminal Procedure. In this stage of the criminal process, the court should make a decree on the termination of the criminal case in connection with the expiration of the statute of criminal prosecution, if the defendant does not object to such a decision. According to Part 2 of Art. 27 Code of Criminal Procedure, without the consent of the accused, no termination of criminal prosecution is allowed due to the expiration of the limitations of criminal prosecution.

In the case under consideration, with the consent of the accused, the criminal prosecution cease, but not because of the expiration of limitations for this (ie, criminal prosecution), and in view of the expiration of the term of attracting criminal liability (Article 78 of the Criminal Code of the Russian Federation). These concepts, although interdependent, but are not identical. On the one hand, the foundation of exemption from responsibility is criminalized, so it is necessary to take into account the provisions of the material law. On the other hand, the procedural form of exemption from criminal liability is governed by criminal procedure law. In this regard, it is necessary to bring the procedural form of exemption from criminal liability in accordance with the material and legal nature of the liberation institute from criminal liability.

In the Decree of the Presidium of the Supreme Court of the Russian Federation, N 313P2004 in the case of K. It is indicated that the court unreasonably appointed K. Punishment and freed from serving the sentence, while convictedly subject to exemption from criminal liability with the termination of the proceedings in this part over the expiration of the limitation time of attraction To criminal liability due to the priority of the norms of the material law on procedural. The proceedings were terminated in connection with the release of K. from criminal liability under Art. 78 of the Criminal Code of the Russian Federation.

The procedural form of exemption from criminal liability is the decision to terminate the criminal case or criminal prosecution, which is made by the investigator with the consent of the prosecutor, the investigator with the consent of the head of the investigative body or the court. For the liberation of the face from punishment due to the expiration of the statutes of limitations, the criminal procedural law established another form of procedural decision. In h. 8 tbsp. 302 Code of Criminal Procedure Enforced that if the expiration of the statute of limitations is found at the stage of the trial, the Court continues to consider the criminal case in the usual basis and at the same time makes an accusatory sentence with the liberation of the convicted person from punishment.

The legislator does not allow the use of the norms of the material law (Art. 78 of the Criminal Code of the Russian Federation) outside the criminal procedure. Therefore, in relation to the person who observed during the trial against the cessation of a criminal case for the prescription, it is necessary to apply the provisions of Part 8 of Art. 302 Code of Criminal Procedure.

Referring to the question of the legal nature and the consequences of the termination of the criminal case in the form of exemption from criminal liability, the Constitutional Court in the decision of October 28, 1996 N 18-P indicated that the decision to terminate the criminal case on the nonreavibrating basis without replacing the court sentence, The content and legal consequences are not recognized as an act that the guilt of the accused in the sense of Art is established. 49 Constitution of the Russian Federation.

By virtue of Art. 49 Constitution Each accused of committing a crime is considered innocent until his guilt has been proven in the procedure provided for by the Federal Law and established the court's judgment. Therefore, the provisions of Art. 78 of the Criminal Code at all do not exclude the decision of the judicial act in the form of a sentence.

The incoming sentence determines the fate of a civil law and compensation for damage. The sentence is the only act endowed by the court on behalf of the state, since the court in the sentence recognizes the defendant criminal. The guilty is appointed a measure of criminal punishment with the release of its serving.

If, as a result of the consideration of the criminal case, the court of cassation will come to the conclusion that the limitation period of criminal prosecution has expired, but before the sentence entarevrass, he frees the convicted penalty.

When the criminal case is terminated due to the expiration of the statute of limitations, which requires the consent of the accused, the latter needs to clarify the legal consequences of the adoption of such a decision.

Under the resolution of the Moscow Regional Court, a criminal case in terms of the charges of P. in the illegal deprivation of freedom and abuse of the grave was discontinued over the expiration of the statute of reference to criminal liability, the judicial proceedings continued in the rest of the charge. The arguments of the private complaint of P. that he did not clarify the meaning of the termination of the case in connection with the expiration of the statutes of limitations, was recognized as reasonable. The minutes of the court session it is not indicated that the legal consequences of the termination of the case explained. P. said that he gave written consent to the termination of the case in connection with the expiration of the statute of limitations, not knowing that it applies only to the perpetrators. The day after the decision to terminate the case of P. appealed to the court with a statement in which he concerned his consent to the termination of the case.

The judicial board in criminal cases of the Supreme Court of the Russian Federation, taking into account that P. insisted on his innocence and on him there is a decision on the continuation of the hearing of the case in the rest of the charge, determined that the case in relation to P. is subject to consideration in full.

The face of the first crime does not interrupt the deadlines for the first crime. In this case, the statutes for each crime flow themselves, i.e. For the first crime, continue, and for the second - begin to flow.

In accordance with Part 2 of Art. 78 of the Criminal Code of the Russian Federation is suspended if the person evade the investigation or court. The concept of "evasion" is one of the most debated. According to T.F. Mintazev, evading the investigation and the court, is considered not only a person recognized as a suspect, accused or defendant, but also a person officially caused, but not visible without a valid reason to the relevant authorities for testimony in connection with the crime. N.S. Shatikhina indicates that it is impossible to talk about the evasion of the suspect, only the accused person is limited in rights in connection with the crime committed by it. The author believes that only intentional actions of the person in order to avoid presentation of the charges can be considered evasion.

In our opinion, evasion from investigation and the court should recognize any intentional actions of the person undertaken to avoid criminal responsibility, as a result of which special activities were conducted on his search.

At the same time, if the law enforcement agencies have not established the involvement of a person to a crime, then such a person cannot recognize evading the investigation, even if it hides the deed. Legally significant evasion from the investigation becomes at the time of the occurrence of rights and relevant duties, in particular the obligations to be within reach of the investigation body.

Under the evasion of the investigation and the court also means a violation of the subscription about the non-weeration, the obligations to be on challenges and report to change the place of residence, a sudden departure from the place of permanent residence in an unknown direction, accommodation on placent documents. The limitation period in these cases is resumed from the moment of detaining the face or turning it with the obey. And the time that has passed since the day of the crime before the day, when the person disappeared from the investigation and the court, is counted within the limitation period.

In a criminal case against B., accused by Part 2 of Art. 159 of the Criminal Code of the Russian Federation, the court decision on the termination of criminal prosecution due to the expiration of the limitation period is based on the incorrect interpretation of Part 3 of Art. 78 of the Criminal Code of the Russian Federation. The crime was committed by B. In April 1997, the criminal case was initiated against him under Part 2 of Art. 159 of the Criminal Code of the Russian Federation on May 8, 2002. From July 8, 2002 to April 26, 2005 and from May 27, 2005 to April 16, 2007, the preliminary investigation was suspended in accordance with paragraph 2 of Part 1 of Art. 208 of the Code of Criminal Procedure in connection with the Rosom B. After finding out the location of B. On April 16, 2007, a preliminary investigation in the criminal case was resumed.

The timing of the limitation of the prosecution of B. did not expire. The conclusion of the court that B. did not know about the initiation regarding his criminal case, was not based on the case file. B. changed the place of residence, did not report a new place of residence, for more than 10 years he lived in Russia without registration. The court unreasonably discouraged the statement of the victim that she personally informed B. on the initiation of his criminal case on the fact of embezzling money. The judicial board in criminal cases of the Sverdlovsk Regional Court abolished the decision of the judge to terminate the criminal prosecution.

The Criminal Law provides for such a type of exemption from serving a sentence as exemption due to the expiration of the statute of the judgment of the court sentence (Art. 83 of the Criminal Code of the Russian Federation). The date of commencement of the term of the limitation of the indictment is determined by the moment of sentencing to legal force. In accordance with Art. 356 Code of Criminal Procedure The verdict of the court of first instance enters into legal force on the day of determining the court of cassation or after 10 days after the sentence decree in the event that he was not appealing to the parties.

The law provides for only one basis for the suspension of the limitations of the indictment - evasion of the convicted person from serving the sentence.

Is the limitation of the indictment expire if the sentence to the fine is given in execution, and for two years, only part of the fine paid for a crime for two years? We believe that the answer must be positive: Yes, the term expires.

By the decision of the Irbitsky District Court of August 6, 2007, the convict T. denied the petition for the release of his sentence, appointed by the sentence of the same court dated November 9, 2004, due to the expiration of the deadlines of the indictment. T. was convicted of a crime of a little gravity to a fine of 70,000 rubles. For two years, T. paid half the amount of the fine (in this case, the court provided installments of the payment of the fine, since T. did not have the opportunity to pay a fine at the same time).

The Presidency of the Sverdlovsk Regional Court abolished the decision of the Irbitsky District Court, indicating that by virtue of paragraph "A" part 1 of Art. 83 of the Criminal Code of the Russian Federation, the person convicted of a crime of severe gravity is exempt from serving a sentence if the conviction was not carried out on two years from the date of its entry into force.

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.

Article 78.

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.

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.

Principle of calculation

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.

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.

Crimes - the limitation period is not applicable

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.

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.

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 signs 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.

Dettleness period 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.

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 term of limitation for the replacement of the child

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.

Duration of limitations for violations against 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 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.

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.

Attraction of a knowingly innocent person

So, what is the limitation period for criminal responsibility for such a crime? The act committed against an innocent person, in accordance with the law, is considered a violation of the law of moderate severity. In terms of the first article, the crime provides for a six-year term of limitations. If this action is connected with the accusation of a person for performing a particularly serious or serious illegal act, the second part of Article 299 of the Criminal Code provides for the period of ten years.

Unlawful release of a person from responsibility

The limitation period for criminal responsibility for the considered illegal act is also provided. The three-way of an article of the Criminal Code under the liberation of the person who occurred is illegally, on the misunderstanding of criminal liability implies the action performed by a person conducting an inquiry, a prosecutor or investigator in relation to the accused or suspected of committing a criminal act. The violation under consideration provides for the limitation period of the Criminal Code of the Russian Federation - ten years.