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Statute of limitations for murder
This type of criminal offense, such as murder, in Russia is rightfully the most cruel act, which must necessarily entail the most serious sanctions. It should be noted that only an intentional attempt on a person will be considered murder. In the event that the death of a citizen occurred due to negligence, he will be tried under a different article.
The general statute of limitations for depriving a person of life is 15 years from the immediate moment of commission of the above unlawful actions.
The question of under what article a person will be tried for murder can be answered unequivocally - under Art. 105. Criminal Code of the Russian Federation. Only its parts will differ, each of which can be applied depending on the individual circumstances of the case, as well as other factors.
Expiration of the statute of limitations
The expiration of the statute of limitations for causing the death of a citizen is an official procedure. To properly record the fact of expiration of the period established by law, the authorized person issues an appropriate order. This document contains all the important information: information about the criminal case, about the suspect in this case, as well as about various additional circumstances. In addition, the reason that prevented the guilty person from being punished must also be indicated.
In some situations, the judicial authority may make an independent decision on the period of limitation in relation to a particular crime. For example, for a murder committed under special circumstances, the established time limits may not apply at all. In this case, the court considers the situation on an individual basis, taking into account such factors as: the cruelty of the act committed, the presence of information and evidence of long-term preparation for the crime, the nuances of the character and personality of the guilty person, etc.
In the event that previously established time frames have been canceled in relation to a certain murder, the guilty person can be convicted at absolutely any time. Moreover, the fact that even several decades could have passed since the crime occurred will not matter here.
Exceptions
The statute of limitations has its exceptions. The legislation provides a list of crimes that cannot be forgiven either after two years or after fifteen years. All these crimes are united by their severity, since they can claim a large number of human lives and cause serious damage to society.
So, the number of crimes for which the statute of limitations does not apply includes the following options:
- terrorism or actions facilitating a terrorist act. Terrorism is a method of manipulation that is used by extremist (usually) organizations to influence the activities of a particular state by inducing panic. Terrorist acts may include undeclared wars, explosions in crowded places, assassinations of politicians, disruption of communications between countries, and so on;
Terrorism does not imply a statute of limitations
- hostilities. According to Articles 353 and 356 of the Criminal Code, military actions are also included in the list of serious crimes. In this case, we are talking about the so-called aggressive war, which involves active aggressive actions and the use of prohibited weapons, leading to mass casualties;
- genocide. As history shows, genocide can take on a global scale, leading to the systematic extermination of people on racial, national or religious grounds. In addition to direct killing, genocide also includes imposing restrictions on childbearing for certain groups of people. At the moment, genocide is one of the most serious crimes;
Genocide is one of the most serious crimes
- ecocide. Ecocide is a relatively new concept, appearing in Article 358 of the Criminal Code of the Russian Federation. It involves the destruction of natural resources, which is carried out through water or air pollution, as well as the destruction of animals or vegetation. All such actions can lead to an environmental disaster, and their destructive consequences are unpredictable.
Reference. Acts associated with terrorism include acts such as the seizure of government officials, the forcible retention of power, the organization of civil uprisings, and attacks on internationally protected persons.
Ecocide can lead to a large-scale environmental disaster
Attempted murder
Attempted murder, of course, can be classified as a serious prohibited act, for which the criminal norms of the Russian Federation provide for appropriate types of punishment.
The very concept of “attempt” means the absence of a direct result, which was previously intended by the organizer of this act. But, at the same time, it presupposes the obligatory presence of deliberate intent, in which the person knew about the subsequent negative consequences and really wanted them to occur.
In order for an attempt to be recognized as such, it must have all the established signs of a dangerous act. The main features include the following:
- the presence of a direct object. In this case, the object is the life of a citizen, on which an attempt is made;
- definition of a subject - a person who commits an attempted murder. In this case, they must be a person who has reached the age of majority and also has full legal capacity;
- subjective side. Attempted murder must be characterized by the presence of proven premeditation in the actions of the accused. If this circumstance is not properly confirmed, the application of a certain penalty will be unlawful;
- the objective side is determined by the presence of specific external signs that can confirm the entire composition of unlawful actions.
The penalty for attempted murder will certainly be imprisonment. The exact period depends on the immediate circumstances of the case, as well as on the presence or absence of aggravating factors.
The legislation of the Russian Federation establishes a certain period of limitation in relation to such a dangerous act as attempted murder. According to general rules, it will be 15 years. The starting point in this case will also be the moment when the attempt was committed.
If the violation of criminal norms was committed over an extended period of time, the last prohibited act is taken into account.
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When does Article 78 of the Criminal Code of the Russian Federation apply?
According to current legislation, Article 78 of the Criminal Code can be applied at different stages of the criminal process:
- At the stage of preliminary investigation, unless we are talking about a particularly serious criminal act.
- At the time of transfer of the case to the court of first instance. In this case, it is necessary to file a corresponding petition addressed to the judge during the preliminary hearing.
- During the trial. This also requires filing a petition addressed to the presiding judge, but first obtaining the permission of the defendant.
This provision can be applied at any stage of criminal proceedings, even after the verdict has been announced by the court of first instance. All that matters is that the sentence does not enter into legal force.
It is important to understand that the court is not at all interested in applying the provisions of Article 78 to murderers. Thus, everything depends on the correct actions of the lawyer. If he does not even manage to achieve the application of the norm in question, but he does everything correctly, then he has the opportunity to file a cassation appeal. During the cassation hearing of the case, the judges will pay attention to the actions of the defense that are correct from the point of view of the law and will overturn the verdict of the lower court by applying the provisions of Article 78.
The procedure for applying to the court
If, during an incident of assault in the family or a street fight, the police were called, the suppression of the offense with a proportionate punishment is formalized at the police station in accordance with the provisions of Article 115 or 116 of the Criminal Code of the Russian Federation or transferred for administrative punishment in accordance with the provisions of Article 1.1.6. Code of Administrative Offenses of the Russian Federation.
- The legislation on administrative offenses consists of this Code and the laws of the constituent entities of the Russian Federation on administrative offenses adopted in accordance with it.
- This Code is based on the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation. If an international treaty of the Russian Federation establishes rules other than those provided for by the legislation on administrative offenses, then the rules of the international treaty apply.
REFERENCE: The formation of a package of documentation for judicial proceedings is carried out at the scene of the beating. If the police did not intervene, the injured person can file legal proceedings on their own.
To file an application, you must contact the district court at the place of residence (registration) of the guilty person. Territorial determination of jurisdiction is carried out on the basis of the provisions of Article 32 of the Code of Criminal Procedure of the Russian Federation . An appeal to the jurisdictional authority must be based on a prepared evidence base, consisting of documents confirming:
- the identity of the applicant;
- fact of beating;
- the presence of consequences of the strikes;
- presence of witnesses to the incident.
The statement of claim is drawn up in advance - according to the sample obtained on the website.
Or - according to the sample displayed in the courthouse.
Private prosecution proceedings rely only on the personal statement of the injured person submitted to the police or district court to a magistrate.
What does the law say?
Criminal law regulates the issues of statute of limitations and exemption from criminal liability in connection with their expiration in Art. 78 of the Criminal Code of the Russian Federation. According to its norms, a criminal cannot be brought to criminal responsibility after a certain time has elapsed from the date of his commission of a crime. These periods are different for different categories of criminal offenses. You need to focus on the degree of severity:
- minor severity - two years from the date of commission of the crime;
- average severity - six years;
- serious - ten years;
- especially serious - fifteen years.
Note!
If a person commits another offense, the statute of limitations for each act is calculated separately.
This period lasts until the court verdict enters into legal force. It may be suspended if:
- the person who committed the crime deliberately avoids investigation or trial;
- a person for the first time committed an act of minor or moderate gravity, compensated for the damage (otherwise made amends for the harm caused by his illegal actions) and on this basis was released by the court from criminal liability with the imposition of a court fine, but avoids paying this fine.
In such cases, the statute of limitations for the crime will resume from the moment of detention of the specified person or his surrender.
Note!
As part of a criminal case, a civil claim can also be filed. There is no limitation period for such statements.
