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Statutes of limitations – free answers from lawyers online
The procedure for applying statutes of limitations
The statute of limitations begins to count from the day when the illegal acts were committed until the time when the sentence actually comes into force. It is important to note here that the statute of limitations begins to be counted precisely from the date when the unlawful act was committed, and not its consequences, which may appear much later (for example, the death of the victim may occur in a month or even several months due to injuries received as a result of a crime being committed against a person).
According to the rules, the statute of limitations is calculated from the beginning of the day following the day the illegal act was committed (from 0.00 o’clock) until the end of the day when the statute of limitations expires (24.00).
If the trial is delayed and the statute of limitations expires before the court verdict comes into force, the person who actually committed a criminal offense, according to the law, is exempt from criminal liability.
The statute of limitations for execution of punishment for criminal acts of a criminal nature committed by a person aged 14-16 years is:
- one year after the sentence was pronounced and entered into force for a criminal act of minor gravity;
- three years - for criminal acts that had consequences of moderate severity;
- five years - for illegal acts that had serious consequences for the victims and others;
- seven and a half years - for particularly serious crimes.
In cases where a person is accused of a crime of a long duration, the calculation of the statute of limitations begins only when the criminal acts are actually completed, that is, from the date of the last crime, when the perpetrator is detained for committing these long-term crimes.
The calculation of the statute of limitations is suspended if the person who committed the criminal offense avoids the threatened liability in every possible way.
The statute of limitations begins to count in this case after the arrest of the person who committed a criminal offense or after his surrender.
In some cases, it is impossible for a number of objective reasons to carry out the sentence immediately. In such situations, the convicted person receives a deferment of serving his sentence, for example, due to serious illness or dishonest performance of duties by employees of executive authorities.
The renewal of the statute of limitations occurs after the end of the deferred serving of the sentence or after the deferred serving of the sentence is cancelled.
Ultimately, the execution of punishment after a long delay is not relevant. It is inappropriate due to the fact that the minor who committed the crime had already matured by that time and had changed his behavior, worldview, relationships with people, and his behavior in society. The meaning of punishment as preventing the commission of new crimes is lost. A person who was a minor at the time of committing a criminal offense is exempt from the imposed penalties if the sentence was not executed for reasons beyond the control of the convicted person.
Features of bringing minors to criminal liability
According to the general rules established by Art. 20 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), minors who have reached the age of sixteen at the time of committing the crime are subject to criminal liability.
Minors who have reached the age of fourteen at the time of committing a crime are subject to criminal liability for committing crimes such as murder, intentional infliction of grievous bodily harm (Article 111), intentional infliction of moderate harm to health (Article 112), kidnapping (Article 126), rape (Article 131), violent acts of a sexual nature (Article 132), theft (Article 158), robbery (Article 161), robbery (Article 162), extortion (Article 163), unlawful taking of a car or other vehicle without the purpose of theft (Article 166), intentional destruction or damage to property under aggravating circumstances (Part 2 of Article 167), terrorist act (Article 205), undergoing training for the purpose of carrying out terrorist activities (Article 205.3), participation in a terrorist community (Part 2 of Article 205.4), participation in activities of a terrorist organization (Part 2 of Article 205.5), failure to report a crime (Article 205.6), hostage taking (Article 206), knowingly false report of an act of terrorism (Article 207), participation in an illegal armed group (Part 2 of Article 208), hijacking a ship air or water transport or railway rolling stock (Article 211), participation in mass riots (Part 2 of Article 212), aggravated hooliganism (Parts 2 and 3 of Article 213), vandalism (Article 214), illegal acquisition, transfer, sale, storage, transportation or carrying of explosives or explosive devices (Article 222.1), illegal production of explosives or explosive devices (Article 223.1), theft or extortion of weapons, ammunition, explosives and explosive devices (Article 226), theft or extortion of narcotic drugs or psychotropic substances (Article 229), disabling means of transport or means of communication (Article 267), encroachment on the life of a state or public figure (Article 277), attack on persons or institutions enjoying international protection (Article 360), act of international terrorism (Article 361).
Moreover, if a minor has reached the age provided for in parts one or two of this article, but due to mental retardation not associated with a mental disorder, during the commission of a socially dangerous act he could not fully understand the actual nature and social danger of his actions (inaction) ) or manage them, he is not subject to criminal liability.
At the same time, due to their minor age, in relation to persons under the age of 18, federal legislation establishes a number of exceptions when bringing them to criminal responsibility.
Thus, the period for expunging a criminal record for a crime has been reduced in relation to adults who have committed crimes. In accordance with Article 95 of the Criminal Code of the Russian Federation, for persons who have committed crimes before reaching the age of 18 years, the period for expunging a criminal record, provided for in part three of Article 86 of this Code, is reduced and are correspondingly equal:
- six months after serving or executing a sentence less severe than imprisonment;
- one year after serving imprisonment for a crime of minor or medium gravity;
- three years after serving imprisonment for a serious or especially serious crime.
By virtue of Art. 18 of the Criminal Code of the Russian Federation in the actions of minors who have committed a crime, there cannot be an aggravating circumstance in the form of recidivism.
According to paragraph “b” of Part 1 of Art. 61 of the Criminal Code of the Russian Federation, the minor age of the accused of committing a crime is recognized as a mitigating circumstance.
In accordance with Art. 94 of the Criminal Code of the Russian Federation, the statute of limitations provided for in Articles 78 and 83 of this Criminal Code of the Russian Federation, when minors are released from criminal liability or from serving a sentence, are reduced by half.
Based on the provisions of Art. 90 of the Criminal Code of the Russian Federation, minors who have committed a crime of minor or moderate gravity may be subject to a statutory exemption from criminal liability if it is recognized that correction can be achieved through the use of compulsory educational measures.
In addition, according to Art. 92 of the Criminal Code of the Russian Federation, minors convicted of committing a crime of minor or moderate gravity may be released by the court from punishment and placed in a special closed educational institution.
Deputy District Prosecutor, Adviser of Justice T.A. Mayorova
The end point for calculating the statute of limitations
The end of the statute of limitations, as we noted earlier, is the day the sentence comes into force.
With the expiration of the statute of limitations, the moment comes when it would be possible to initiate a criminal case for a specific illegal act.
In the event that there are open cases that have not been fully investigated, they are subject to closure at any stage of the investigation.
If a person who has been released from criminal liability due to the expiration of the statute of limitations repeatedly commits criminal acts, the statute of limitations will begin to be counted anew, and if there are several crimes, they are counted separately for each individual crime.
The law does not provide for the summation of statutes of limitations for several crimes, during which a person who has committed criminal offenses may be held accountable under the law of the Russian Federation.
Second commentary to Art. 95 of the Criminal Code of the Russian Federation
1. The terms for expunging criminal records of minors are differentiated depending on the type of punishment and category of crime: 6 months after serving or executing a sentence less severe than imprisonment; one year - after serving imprisonment for a crime of minor or medium gravity; three years - after serving imprisonment for a serious or especially serious crime.
2. The procedure for expunging a criminal record when a minor is released from serving a sentence, as well as the procedure for early expungement of a criminal record, are determined by Article 86 of the Criminal Code.
In what situation can you count on parole?
Parole of minors is regulated by Article 93 of the Criminal Code. A criminal who has not reached the age of majority can receive it after serving:
- at least one third of the term for a crime of minor or medium gravity, as well as for a serious crime,
- at least two-thirds of the term for a crime falling under the definition of “especially grave.”
According to the law, in order for a minor to be released on parole, the court, when passing a sentence, is not required to indicate that in order for the offender to reform, he must serve his entire sentence. However, it is obvious that this requirement must also be met in relation to minors wishing to receive parole. A special body for social protection and crime prevention for citizens under the age of majority at the place of residence of these citizens should control how a minor will behave after parole.
If the unserved part of the sentence has not yet expired, and the teenager who received conditional release has committed another crime, the court will sentence him to a total of 2 sentences, as provided for in Article 70 of the Criminal Code. However, if the next crime was committed before reaching the age of majority, the imposed cumulative punishment cannot exceed ten years of imprisonment.
When the court replaces the unserved part of the sentence, it may choose a more lenient punishment provided for in Article 88 of the Criminal Code. Alternatively, instead of imprisonment, a fine, compulsory or correctional labor may be applied. When the administration of a correctional colony makes a proposal for parole for a minor, it must find out whether it is possible to provide employment for the released teenager.
From the above, it may seem that a juvenile prisoner can count on either conditional release or a reduced sentence. However, it is not. Even if the punishment was replaced by a mitigated form, parole may be applied to a criminal who has not reached the age of majority - according to the rules presented in Article 93 of the Criminal Code of the Russian Federation.
A minor convicted of a combination of crimes of varying degrees of severity or a combination of sentences can also count on parole. And here, when deciding on conditional release, one must proceed from the total term of imprisonment assigned in the aggregate. To calculate that part of the term after which parole will be applicable to the minor, you need to be guided by the rules discussed in Articles 80 and 93 of the Criminal Code of Russia for the most serious offense included in the aggregate.
Procedure for release from punishment
Additional Information
In a situation where the deadline has expired and the criminal has not been caught, the criminal case is closed and transferred to the archives.
If the statute of limitations for the crime has expired and all the requirements for the application of Article 78 of the Criminal Code of the Russian Federation are met, then the perpetrator is automatically released from punishment; a court decision is not required. The exception is when a person commits a crime for which life imprisonment or the death penalty is provided. In such cases, a decision on the possibility of exemption from liability is made in court. In this case, a sentence of death penalty or life imprisonment cannot be imposed.
At the end of the period until sentencing, regardless of the stage of consideration of the case, the accused is released from custody. In this case, the consent of the defendant is required.
We will tell you more about the concept and types of exemption from criminal punishment in the article here https://lexconsult.online/8605-osvobozhdenie-ot-ugolovnogo-nakazaniya
