Exemption from criminal liability today is nothing more than the release of the perpetrator of a crime from judicial conviction, which manifests itself in the form of a negative assessment of the act committed by him. In this case, the act that the competent authority issues is the procedural form. In the event that a case has already been initiated, the decision refers to its termination. If the case has not yet been initiated, then it will focus on the refusal to initiate.
Exemption from criminal liability may apply only to those persons who committed a crime. It is in this that lies the most important difference from any circumstances capable of excluding the criminality of acts.
The grounds for exemption from criminal liability are various. They are directly related:
- with an act of amnesty;
- active remorse ;
- completion of the claim period;
- reconciliation of the parties.
For competent authorities, the passage of a statute of limitations, as well as an amnesty act, are mandatory. Both that, and another serves as an occasion for the immediate termination of proceedings or entails exemption from criminal liability.
A person can be exempted from this kind of responsibility associated with repentance in the following circumstances:
- the crime is committed for the first time. Note that a person is considered not convicted even if he has a canceled criminal record;
- an act committed by a person can be attributed to crimes of medium as well as minor gravity;
- a confession was recorded, which greatly contributed to the disclosure of the crime. In some cases, a confession may make amends for the harm that was inflicted upon the crime.
Exemption from criminal liability will be impossible if the crime has a greater severity. In other cases, it is likely that the person will be released.
Exemption from criminal liability related to the reconciliation of the parties is possible:
- it is committed for the first time;
- the damage was smoothed out;
- reconciliation is framed in the necessary procedural form;
- the crime is not serious.
The statute of limitations for crimes is different:
- light severity - two years;
- moderate - six years;
- for serious - ten years;
- for the most severe - fifteen years.
The term begins to expire from the day the crime was committed. In the case of new crimes, all limitation periods are calculated for each of the crimes committed. The term may be suspended in the event that a person begins to take refuge from criminal liability. He will be restored only in case of confession or detention of the person. Termination is not provided.
Amnesty in itself is a legal act, which is declared by the State Duma. In accordance with this act, criminal liability is removed from the person. As a rule, an amnesty is committed in relation to those individuals whose circle is individually indefinite. It is not individual.
In most cases, an amnesty, as a rule, applies only to crimes that were committed before its official adoption. Exceptions are valid and are not uncommon. Note that with the help of amnesty, the principles of justice and humanism laid down in criminal law are realized.
Exemption from criminal liability and punishment are not the same. A person may be released from punishment both partially and completely. Sometimes a person is exempted from this responsibility, but the punishment is still endured.
It is important that a person can be released from punishment for crimes of any severity.