Article 73 of the Criminal Code of the Russian Federation. Conditional sentence

The main task of imposing punishment for a criminal offense is not to repay the villain what he deserves, but to correct his personality, with the goal of returning to society a full-fledged citizen who recognizes existing norms and rules of behavior.

The most popular form of correction for criminals is their isolation from the surrounding reality, accompanied by a significant restriction of opportunities and freedoms, which together allows the prisoner to realize the value of a free life and the need to obey the law in order not to end up behind bars again.

For certain categories of subjects who have violated the law, imprisonment is not necessary; such persons are subject to a suspended sentence, the restrictions of which have a sufficient corrective effect.

The concept of probation

A suspended sentence is not a criminal punishment; it is a measure of a criminal law nature. It is not included in the list of types of punishment provided for in Art. 44 of the Criminal Code of the Russian Federation. The presence of the institution of probation in the criminal law is the implementation of the principles of justice and humanism.

A suspended sentence means that the court, when passing a verdict of guilty and assigning a specific type of punishment to the convicted person and determining its term, decides to consider the imposed punishment suspended (without actually serving the sentence), i.e. does not carry it out under the condition that the convicted person fulfills certain requirements.

Thus, a conditional sentence is a measure of a criminal law nature, which consists in establishing for a convicted person, whose correction can be achieved without actually serving the sentence, a probationary period during which the convicted person must prove his correction.

To whom it is not assigned

The court may not always impose a suspended sentence. This is the right of a judge: the law cannot oblige an official to release citizens on conditional release. And the judge is also bound by a number of restrictions under which a suspended sentence cannot be imposed:

Sexual offense based on the immunity of a citizen recognized as a minor.
Crimes provided for in certain articles of the Criminal Code of the Russian Federation.
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Committing an offense that, by its category, is classified as grave or especially grave.

Conditions and grounds for applying probation

The grounds for applying a suspended sentence are exhaustive and are enshrined in Part 1 of Art. 73 of the Criminal Code of the Russian Federation.

The law allows the appointment of a suspended sentence only in relation to persons who are assigned the types of punishment provided for in Part 1 of Article 73 of the Criminal Code of the Russian Federation:

two military (restrictions on military service, detention in a disciplinary military unit);
two general (correctional labor, imprisonment).

In this case, the term of imprisonment cannot exceed eight years.

Only basic punishments can be considered conditional.

For persons who pose a very high degree of danger (taking into account their qualities and the nature of the crime committed), the law establishes a ban on the use of a suspended sentence. In Part 1 of Art. 73 of the Criminal Code of the Russian Federation contains an indication of cases in which a suspended sentence cannot be applied.

Such types of punishment as a fine, deprivation of the right to hold certain positions or engage in certain activities, arrest, or compulsory labor cannot be considered conditional

According to the law, a suspended sentence can be assigned for a crime of any category (minor gravity, moderate gravity, grave and especially grave).

The condition for the application of a suspended sentence is the possibility, established by the court, of correcting the convicted person without actually serving the assigned sentence. The conclusion about the existence of such a possibility is based on taking into account the nature and degree of public danger of the crime committed, the identity of the perpetrator, as well as mitigating and aggravating circumstances (clause 1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 22, 2015 N 58).

As stated above, the Criminal Code of the Russian Federation does not directly prohibit the use of a suspended sentence in relation to a person who has committed a serious or especially serious crime. However, established judicial practice always proceeds from the fact that a suspended sentence can be applied to persons who have committed such crimes only as an exception. The court may apply a conditional sentence to individual participants in such crimes only in cases where the secondary role of these persons is established, and also if the data characterizing the personality of the perpetrator and the circumstances in which the crime was committed give grounds to consider it inappropriate to isolate the convicted person from society. This is the reason for the establishment in law of a maximum term of imprisonment, which can be assigned conditionally.

Types (conditionally imposed punishments)

When imposing certain punishments, it is possible to replace a person’s imprisonment with a suspended sentence. Scroll:

correctional work, regardless of its duration;
restrictions related to the armed forces (correctional work intended for contract soldiers);
imprisonment (if the sentence for the criminal act is no more than 8 years);
being in a disciplinary military unit is an analogue of imprisonment, but only for persons undergoing military service under a contract or on an urgent basis.

If the judge can apply the norm of Art. 73 of the Criminal Code of the Russian Federation for conditional imprisonment, this does not mean that in reality he will definitely do this. This is the authority given to him by the Criminal Code of the Russian Federation. But the judge is not required to do this. The use of a suspended sentence must be motivated. This is the result of an analysis of the personality of the criminal, his character, and the danger of the illegal act for society.

If the verdict of a judicial authority contains a condition that a person is released conditionally, this does not mean that the person is thereby released from correctional labor or imprisonment. The application of a suspended sentence cannot be equated with release from punishment.

The law prescribes the grounds on which a person who has been convicted is exempt from serving his sentence:

he served his sentence;
revocation of sentence;
parole;
mitigation of punishment;
act of pardoning a convicted person;
holding amnesties;
serious illness.

The procedure for assigning a suspended sentence. Probation

If a citizen is found guilty of committing a crime, the court issues a guilty verdict. The convicted person is sentenced, but it is indicated that the sentence imposed should be considered conditional .

In the case of a suspended sentence, two terms : the sentence period and the probationary period .

A probationary period is a control period of time during which the convicted person must prove his correction by his behavior. Its duration depends on the type and duration of the imposed punishment. When imposing a sentence of imprisonment for a term of up to one year or a more lenient punishment, the probationary period must be no less than six months and no more than three years, and in the case of imposing imprisonment for a term of more than one year - no less than six months and no more. five years (Part 3 of Article 73 of the Criminal Code of the Russian Federation).

The criminal law excludes the possibility of court discretion when determining the probationary period for a person sentenced to confinement in a disciplinary military unit (Part 3.1 of Article 73 of the Criminal Code of the Russian Federation).

The probationary period is calculated from the moment the sentence enters into legal force . The probationary period includes the time elapsed from the day the verdict was announced (Part 3 of Article 73 of the Criminal Code of the Russian Federation).

Within the meaning of the law, a probationary period may be longer in duration than the imposed punishment (for example, one year of imprisonment with a probationary period of two years) equal to the imposed punishment, and it may also be less than the imposed punishment (for example, four years of imprisonment with a probationary period of three years).

Until the end of the probationary period, a person is considered to have a criminal record . If there are no violations on the part of the convicted person of the duties assigned by the court, after the expiration of the probationary period, the criminal record is expunged on the basis of paragraph “a” of Part 3 of Art. 86 of the Criminal Code of the Russian Federation.

When rendering a suspended sentence of imprisonment, the type of correctional institution is not indicated .

If the court comes to the conclusion that it is possible to impose a suspended sentence on a person who has committed two or more crimes , such a decision is made not for each crime, but when finally imposing punishment for a set of crimes.

In case of a suspended sentence of a person who, in this case, was kept in custody for some time as a result of detention or application of a preventive measure, or was under house arrest, or in a medical organization providing medical care in an inpatient setting, or in a medical organization providing psychiatric care in in stationary conditions, this time is subject to credit towards the sentence in accordance with the provisions of Art. 72 of the Criminal Code of the Russian Federation. In accordance with clause 9, part 1, art. 308 of the Code of Criminal Procedure of the Russian Federation, the decision to count the specified time into the sentence must be reflected in the operative part of the sentence.

In case of a suspended sentence under the second sentence for a crime committed before the proclamation of the first sentence, for which a suspended sentence was also applied, the court in the operative part of the second sentence must indicate the independence of the execution of these sentences, since the probationary period established for a suspended sentence is not a punishment and cannot be absorbed by a longer probationary period, nor partially or completely suspended.

When changing the sentence on appeal, for which Art. 73 of the Criminal Code of the Russian Federation and the imposed punishment was decided to be considered conditional, it is impossible to assign a real punishment, even if the type of such punishment is more lenient, with the exception of cases of consideration of a criminal case on the proposal of a prosecutor or a complaint from a victim containing relevant arguments.

Consequences of probation

It may seem to a person sentenced to a suspended sentence that his freedoms have not changed after the verdict of the justice body was announced, but this is not so. He can still work, study, engage in social activities and even serve in the armed forces. In the latter case, the region of service does not matter, since the supervision function is transferred to the command of the unit to which the conditionally convicted Russian army officer will be assigned.

But this permissibility is only apparent; let’s consider why a suspended sentence is dangerous for a person:

In pursuance of Article 32 of the Constitution of the Russian Federation, persons with suspended sentences will not be able to stand for election to legislative bodies at any level, just like those who have served a real sentence.
According to Article 28 No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation” as amended on December 30, 2015, which came into force on January 10, 2016, travel abroad of conditionally convicted persons until the probationary period the term has not been served and the punishment has not been removed or amnestied, it is prohibited .
Formal restrictions on the employment of persons with a previous suspended sentence of imprisonment are provided only for law enforcement and justice agencies, as well as for civil servants. However, many large companies that have their own security services and detectives find subjective reasons not to hire those who have a criminal record in their personal file, regardless of its form.

Considered the most humane way to repay an offender for a criminal offense, a suspended sentence, however, is a form of conviction, the consequences of which in terms of reputation are comparable to serving a real sentence.

Freedom from imprisonment during a suspended sentence is only apparent; the inability to leave the city, and sometimes even one’s own home, if done at inopportune times, is perceived as no less a weak restrictive factor than a fence with barbed wire.

Video: What is probation?

Assignment of additional punishments for suspended sentences

In the event of a suspended sentence, additional punishments may be applied along with the main ones . The Criminal Code of the Russian Federation does not provide for the principle of conditionality regarding additional types of punishment, therefore all of them must be implemented realistically . Because of this, the operative part of the sentence must indicate that, in accordance with Art. 73 of the Criminal Code of the Russian Federation, only the main punishment is recognized as conditional.

For example, for violation of traffic rules by a person driving a car, resulting in the infliction of grievous harm to the health of the victim through negligence, the perpetrator is punished by two years of imprisonment with deprivation of the right to drive vehicles for a period of three years. In this situation, the court may consider the main punishment to be suspended, and as for the additional punishment, it must be actually executed, and the guilty person does not have the right to drive vehicles during the period established by the court.

When applying deprivation of a special, military or honorary title, class rank or state awards to a conditionally convicted person as an additional punishment, it should be taken into account that, provided for in Art. 48 of the Criminal Code of the Russian Federation, punishment can only be imposed for committing a grave or especially grave crime. At the same time, the sentence must indicate why it is impossible for the defendant to retain these titles and awards while simultaneously applying a suspended sentence to him.

Conviction of minors

for certain norms or specifics of probation for minors . The main definitions from the Criminal Code are identified.

The following norms are generally understood:

assigning a degree of influence (correctional labor/restriction of freedom) when committing a crime of minor/medium gravity;
the degree of violation and danger to society, the identity of the perpetrator, mitigating/aggravating circumstances are taken into account;

The Criminal Code for serious crimes is applied only in exceptional mitigating circumstances;
IP for minors (as for adults) ranges from six months to three years;
in some circumstances there are additional penalties;
a minor with a criminal record is obliged to: live in a permanent place, not change jobs or studies without warning special authorities, undergo a course of therapy (drug addiction, substance abuse, alcoholism, etc.), not visit certain places, fulfill other assigned obligations that contribute to correction;
supervision of minors is carried out by the criminal-executive inspection, as well as units dealing with problems with minors;
prescribed duties on the IP may be supplemented or completely/partially cancelled.

Assignment of responsibilities to a conditionally convicted person and control over conditionally convicted persons

The court may impose two groups of duties on a conditionally convicted person. The responsibilities of the first group are directly listed in Part 5 of Art. 73 of the Criminal Code of the Russian Federation, and the second group is not enshrined in the Criminal Code of the Russian Federation (for example, the obligation not to leave one’s place of residence at night, if this is not related to the performance of work duties, the obligation to make amends for the damage caused by the crime within the period established by the court).

Control over the behavior of conditionally convicted persons during the probationary period is carried out by the penal inspections (CII) at the place of residence of the conditionally convicted persons, and in relation to conditionally convicted military personnel - by the command of their military units (Part 1 of Article 187 of the Penal Code of the Russian Federation). The behavior of suspended minors is controlled by the juvenile affairs inspectorate.

By virtue of Part 4 of Art. 188 of the Penal Code of the Russian Federation, all conditionally convicted persons are required to report to the correctional institute or the command of the military unit about their behavior, perform the duties assigned to them, and appear when called to the correctional institute, therefore, the sentence does not require additionally assigning these responsibilities to the convicts.

It depends on the behavior of the conditionally convicted person during the probationary period and his attitude towards the duties assigned to him whether these duties will be completely or partially canceled , or, conversely, supplemented with new ones that can increase the effectiveness of his correction .

Restrictions for probationers

In order to check the behavior of the convicted person, the court assigns him a number of restrictions:

Do not change your place of work or study without permission from the penitentiary authority;
Do not move for permanent residence to another residential premises without the approval of the regulatory authority (travel abroad is also limited with a suspended sentence);
Refuse from nightclubs, casinos and other public institutions determined by the court;
Undergo treatment for alcohol and drug addiction;
Find a job.

This list is not exhaustive; at its discretion, the court may impose other requirements on the convicted person.

Cancellation or addition of the established duties of a conditionally convicted person

In accordance with Part 7 of Article 73 of the Criminal Code of the Russian Federation and on the basis of Clause 8 of Art. 397 of the Code of Criminal Procedure, the court, on the proposal of the body exercising control over the behavior of the conditionally convicted person, may, during the probationary period, cancel in whole or in part or supplement the duties previously established for the conditionally convicted person.

The court has the right to cancel in whole or in part the duties assigned to the conditionally convicted person if it establishes, for example, that the conditionally convicted person conscientiously fulfills the duties assigned to him by the court, is positively characterized at the place of residence, work, study or service, there have been no complaints about his behavior, and also if will establish other circumstances (pregnancy or birth of a child, reaching retirement age, disability, etc.).

to supplement the duties previously established for a conditionally convicted person if it comes to the conclusion that the conditionally convicted person did not report to the correctional institution or the command of the military unit about his behavior, did not fulfill the duties assigned to him by the court, did not appear when called to the correctional institution, and also if it establishes other circumstances indicating the advisability of imposing other duties on a conditionally convicted person (Part 2 of Article 190 of the Penal Code of the Russian Federation).

A copy of the relevant court decision on the issues specified above is sent to the body executing the punishment and to the court that passed the sentence for inclusion in the materials of the criminal case.

Counting the probationary period into a real punishment

A probationary period in itself is not a punishment, therefore it does not count towards the actual period of imprisonment, as happens in the case of the use of preventive measures in the form of detention or house arrest.

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Cancellation of probation and execution of punishment

Part 3 Art. 74 of the Criminal Code of the Russian Federation provides that if a conditionally convicted person systematically violated public order during the probationary period, for which he was brought to administrative responsibility, systematically failed to fulfill the duties assigned to him by the court, or escaped control, an inspection within three days (excluding weekends and holidays) ) from the moment these facts are established, sends to the court a proposal to cancel the suspended sentence and execute the punishment imposed by the court verdict.

A systematic violation of public order is the commission by a probationer of two or more violations of public order within one year, for which he was brought to administrative responsibility.

Systematic failure to fulfill duties is the commission of prohibited or failure to perform actions prescribed to a conditionally convicted person more than twice within one year, or prolonged (more than 30 days) failure to fulfill the duties assigned to him by the court (Part 5 of Article 190 of the Penal Code of the Russian Federation).

It should be noted that the Code of the Russian Federation on Administrative Offenses in Chapter 20 contains a list of offenses that infringe on public order and public safety. Consequently, the approach is quite controversial when the courts accept the facts of bringing citizens to administrative responsibility for offenses provided for in other chapters of the Code of Administrative Offenses of the Russian Federation as a basis for canceling a suspended sentence.

Also, if a conditionally convicted person, during an extended probation period in connection with his evasion of compensation for harm caused by a crime, in the amount determined by a court decision, systematically evades compensation for said harm , the court, upon the proposal of the body specified in Part 1 of Art. 74 of the Criminal Code of the Russian Federation, can also make a decision to cancel the suspended sentence and execute the punishment imposed by the court verdict (Part 2.1 of Article 74 of the Criminal Code of the Russian Federation).

Separately, it should be noted that the conditionally convicted person committed a new crime during the probationary period .

If a conditionally convicted person commits a crime through negligence or an intentional crime of minor or moderate gravity during the probationary period, the issue of canceling or maintaining the conditional sentence is decided by the court (Part 4 of Article 74 of the Criminal Code of the Russian Federation).

And if a conditionally convicted person commits an intentional grave or especially grave crime during the probationary period, the court revokes the conditional sentence and imposes a punishment on him according to the rules provided for in Art. 70 of the Criminal Code of the Russian Federation (based on the totality of sentences) (Part 5 of Article 74 of the Criminal Code of the Russian Federation).

Conditional sentencing as a criminal legal institution: concept and legislative regulation

The emergence of the institution of probation in the mechanism of criminal legal protection is associated with the humanization of the application of state coercive measures to the convicted person. In modern criminal law it is represented by a set of norms combined in Art. 73 and 74 of the Criminal Code of the Russian Federation, and regulates the release of the offender from actually serving certain types of basic punishments, namely correctional labor, restrictions on military service, detention in a disciplinary military unit or imprisonment for up to eight years.

Despite the long history and widespread use of the analyzed institution in court practice, in modern criminal law science there is no consensus on its essence and content. Let's evaluate the most different points of view.

First of all, the question of the legal nature of probation is debatable. Thus, according to many lawyers, a suspended sentence is a conditional refusal by the state to apply the punishment imposed by a court verdict, i.e., in fact, one of the special types (forms) of releasing a convicted person from punishment. Others, on the contrary, believe that probation cannot be considered as a type of punishment or as a type of release from punishment. They make this conclusion on the basis of a limited understanding of the institution of exemption from punishment and the place of the analyzed article in the system of criminal law. Indeed, these norms are placed by the legislator in Chapter. 10 of the Criminal Code of the Russian Federation “Punishment”. But the judgment in question cannot be built on this basis. In ch. 12 of the Criminal Code of the Russian Federation includes only general grounds for exemption from criminal liability, but there are also special rules of similar content, in particular amnesty and pardon.

Let us turn to the etymology of terminology. Thus, in Russian the word “conditional” is understood as depending on a condition, valid only in the presence of any conditions. And “condemnation” is like a disapproving opinion, censure and recognition as bad. Combining these two concepts, we obtain the formula for conditional condemnation as a censure that is valid only in the presence of certain, pre-agreed conditions. In relation to the problems of criminal law, the essence of a suspended sentence is the failure to fulfill the main type of punishment imposed by the court under a certain condition. Thus, the content of a suspended sentence in its criminal legal understanding is somewhat narrower than the name contained in the title of Art. 73 of the Criminal Code of the Russian Federation. In the first case, we are talking only about a suspended sentence. Consequently, the institution that interests us in its essence can be considered as a special basis for conditional release from specific main types of punishment. In its content, it is close to parole from serving a sentence, which is directly defined in Part 2 of Art. 79 of the Criminal Code of the Russian Federation: the court may impose on the convicted person the duties provided for in Part 5 of Art. 73 of the Criminal Code of the Russian Federation.

This point of view is also reflected in the scientific literature. “The institution of probation, from the moment of its introduction until the last days in criminal law, performs the function of exemption from the actual serving of a sentence imposed by the court.” Conditional sentencing is part of the complex criminal law institution of non-application of punishment, along with conditional non-application and punishment in connection with illness and conditional non-application of punishment in relation to convicted pregnant women and persons with a child under the age of fourteen years. The legislator directly points to this in Part 1 of Art. 73 of the Criminal Code of the Russian Federation: “If, having imposed correctional labor, restrictions on military service, detention in a disciplinary military unit or imprisonment for a term of up to eight years, the court comes to the conclusion that it is possible to correct the convicted person without actually serving the sentence, it decides to consider the imposed punishment suspended.” . In this case, the conviction itself is formed in the form of finding a person guilty in a court verdict. Only the punishment prescribed in this sentence, which is not carried out during a certain probationary period established by the court, is considered conditional. At the same time, one should agree with the opinion dominant in the specialized literature that conditional sentencing is a type of criminal law through which the convicted person achieves the goals of punishment such as his correction and preventing him from committing new crimes. This is evidenced by the provisions of Part 5 of Art. 73 of the Criminal Code of the Russian Federation, which determines that the court, when imposing a suspended sentence, imposes on the conditionally convicted person, taking into account his age, ability to work and state of health, the performance of certain duties:

not change your permanent place of residence, work, or study without notifying the specialized government body that monitors the behavior of the conditionally convicted person;
do not visit certain places;
undergo treatment for alcoholism, drug addiction, substance abuse or a sexually transmitted disease;
work (get a job) or continue studying in a general education organization.

The court may impose on the conditionally convicted person the performance of other duties that contribute to his correction. This institution of Russian criminal law is close in its legal nature and purpose to such institutions as deferment of execution and conditional pardon. The lack of a consolidated vision of the essence (legal nature) of probation entails a discussion about its content. In one case, it is considered as a special procedure for the individualization of criminal liability provided for by criminal law, characterized by the assignment of a certain type and amount of punishment to the convicted person with exemption from his actual serving for a period of probation under specific conditions with the imposition on the convicted person of certain responsibilities that contribute to his correction, used to optimize purposes of punishment. In another, a suspended sentence is understood as a means of state influence on a guilty person, whose correction is possible without actually serving a court-imposed sentence in the form of the implementation of criminal liability through the immediate suspension of the execution of the main punishment under conditions determined by law and the court.

A conditional sentence is a measure of criminal law applied at the stage of a court’s conviction and sentencing and is expressed in release from actually serving a certain sentence if the convicted person, under the control of an authorized specialized state body, fulfills the conditions of the test and thereby proves his correction. At the same time, some authors pay attention to the form of implementation of the conditional sentence, others - to its content, and still others - to the essence. At the same time, all the above points of view are united by a set of general features of a suspended sentence defined in the criminal law:

it represents one of the forms of implementation of criminal liability;
entails a criminal record during the probationary period;
contains measures of corrective influence and criminal law coercion (loss of rights) imposed on convicted persons during the probationary period;
provides for the right to monitor the behavior of probationers and responsibility for the fulfillment of the duties assigned to them by the court.

Cancellation of probation and expungement of criminal record

After the expiration of the probationary period, if the conditionally convicted person complied with the instructions of the court sentence, his conviction for this crime (for which the person was given a suspended sentence) is expunged (clause “a”, part 3 of article 86 of the Criminal Code of the Russian Federation).

However, by virtue of Part 1 of Art. 74 of the Criminal Code of the Russian Federation, if before the expiration of the probationary period the conditionally convicted person has proven his correction by his behavior, compensated for the damage (in whole or in part) caused by the crime, in the amount determined by the court decision, the court, on the proposal of the body exercising control over the behavior of the conditionally convicted person, may decide to cancel conditional sentence and the removal of a convicted person's criminal record . In this case, the suspended sentence may be revoked after the expiration of at least half of the established probationary period.

Clause 12 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated December 20, 2011 No. 21 “On the practice of application by courts of legislation on the execution of sentences” contains the following explanation:

“when considering the issue specified in paragraph 7 of Article 397 of the Code of Criminal Procedure of the Russian Federation, when a conditionally convicted person has been assigned an additional type of punishment and before the expiration of the probationary period he has proven his correction by his behavior, the court makes a decision to cancel the conditional sentence and to remove the convicted person’s criminal record (part 1 of the article 74 of the Criminal Code of the Russian Federation) only after he has served an additional sentence.”

Consequences

There are favorable and unfavorable consequences of probation, which are specified in the legal legislation.

The following provisions are highlighted:

The ability of the accused to avoid imprisonment for a certain period, as well as the expungement of a criminal record ahead of schedule. In this case, the main punishment is not subject to execution, and after the probationary period the person is recognized as not having been convicted.

Serving a full sentence after systematic violations, evasion of fines and administrative penalties.
Serving the full sentence in case of violation of the conditions of probation, evasion of educational influence and control in the case where the accused was transferred for correction to a public organization or work collective.
Serving the sentence in full, which occurs after the fact of a new crime during the probationary period.

A suspended sentence has a criminal legal nature, the main purpose of which is to reform the accused during the probationary period.

The accused is assigned various orders: correctional labor, imprisonment, restrictions on the type of activity, position held, or imprisonment in a military unit. These provisions also apply to minors .

The revocation of a suspended sentence is carried out on the prescribed grounds established by the Criminal Code . The maximum conditional penalty period does not exceed the three-year mark .

Exemption from criminal liability due to the expiration of the statute of limitations

Limitation is the expiration of the periods specified in the criminal law after the commission of a crime, due to which bringing the perpetrator to criminal liability is excluded.

The statute of limitations is calculated from the day the crime was committed until the sentence enters into legal force.

The time of commission of a crime is the time of commission of an action (inaction), regardless of the time of the onset of consequences.

The statute of limitations for bringing to criminal responsibility includes all the time elapsed before the discovery of the crime, the terms of the preliminary investigation established by the criminal procedural legislation, the presence of a criminal case with an indictment with the prosecutor, in court and the time of trial, and even the time that continues after the signing of the verdict by all composition of the court and its announcement in the courtroom until the deadline for the cassation appeal expires or the cassation instance considers the case and leaves the verdict unchanged.

The statute of limitations for criminal prosecution in relation to continuing crimes is calculated from the time of their termination, regardless of whether this termination occurred at the will of the perpetrator or against the will, and the statute of limitations for continuing crimes is calculated from the moment of the commission of the last criminal act that constitutes a continuing crime.

Exemption from criminal liability

Exemption from criminal liability is the elimination of liability provided for by criminal law of a person who has committed an act provided for by criminal law, if the goals and objectives of criminal law can be (or have already been) achieved without the use of state coercion. Criminal liability can only be applied to the guilty person, i.e. if his actions contain elements of a crime, release from criminal liability is possible only under specific conditions specified in the law.

The basis for exemption from criminal liability is the inexpediency of bringing a person to such liability due to the low social danger of the act committed by him or the person himself and the possibility of achieving the goals of criminal legislation without the use of state coercion.

Exemption from criminal liability – from conviction, application of criminal charges against a person guilty of committing a crime.

It is formalized by a decree refusing to initiate a criminal case or a court decree to terminate a criminal case.

Types of exemption from criminal liability.

Exemption from criminal liability in connection with:

1) active repentance (Article 75 of the Criminal Code of the Russian Federation);

2) reconciliation with the victim (Article 76 of the Criminal Code of the Russian Federation);

3) expiration of the statute of limitations (Article 78 of the Criminal Code of the Russian Federation).

In all of these types of exemption from criminal liability, the presence of signs of a specific crime in the committed offense must be established.

Exemption from criminal liability must be distinguished from the institutions of criminal law, where criminal liability is generally impossible.

Such institutions include:

1) necessary defense;

2) extreme necessity;

3) detention of the person who committed the crime;

4) not reaching the age of criminal responsibility;

5) insanity, voluntary refusal, etc. In all of the above cases, the person does not commit a crime, therefore he cannot be brought to criminal responsibility and, accordingly, is released from it.

A person is released from criminal liability if the following periods have expired from the date of commission of the crime:

1) 2 years after the commission of a minor crime;

2) 6 years after committing a crime of average gravity;

3) 10 years after the commission of a serious crime;

4) 15 years after the commission of a particularly serious crime.