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Statute of limitations in criminal cases. Calculus rules. Ks gave an interpretation on the statute of limitations for criminal prosecution The statute of limitations for criminal offenses is

1. A person is released from criminal liability if the following terms have expired from the date of the crime:
a) two years after the commission of a crime of little gravity;
b) six years after the commission of a crime of average gravity;
c) ten years after the commission of a serious crime;
d) fifteen years after the commission of an especially grave crime.

2. The limitation period is calculated from the day the crime was committed and until the entry into force of the court's judgment. In the event that a person commits a new crime, the statute of limitations for each crime shall be calculated independently.

3. The running of the statute of limitations shall be suspended if the person who committed the crime evades the investigation or the court. In this case, the course of the statute of limitations resumes from the moment the said person is detained or surrendered.

4. The question of the application of the statute of limitations to a person who has committed a crime punishable by the death penalty or life imprisonment shall be decided by the court. If the court does not consider it possible to release the specified person from criminal liability due to the expiration of the statute of limitations, then the death penalty and life imprisonment are not applied.

5. To persons who have committed crimes under Articles 205, 205.1, 205.3, 205.4, 205.5, parts three and four of Article 206, part four of Article 211, Articles 353, 356, 357, 358 of this Code, as well as committed the activity of the crime provided for in Articles 277, 278, 279 and 360 of this Code, the limitation periods shall not apply.

Commentary on Article 78 of the Criminal Code of the Russian Federation

1. The limitation period for bringing to criminal responsibility is the expiration of the terms established in the law from the date of the crime, which make it inexpedient to bring a person to criminal responsibility.

The limitation period is calculated from the day the crime was committed and until the entry into force of the sentence. Consequently, release due to the expiration of the statute of limitations is possible at any stage of the criminal process prior to the entry into force of the sentence. In criminal proceedings, the expiration of the statute of limitations is considered one of the circumstances precluding criminal proceedings.

If the expiration of the statute of limitations is discovered at the stage of the trial, the court brings the trial to the end and issues a guilty verdict with the release of the convicted person not from criminal liability, but from punishment.

The statute of limitations is calculated in relation to continuing crimes from the time of their termination at the will of the perpetrator or in spite of it, and in relation to continuing crimes - from the moment of committing the last criminal act from among those constituting an ongoing crime. In the case of crimes that consist of two acts, the limitation period is calculated from the date of the last criminal act.

2. The legislation provides for three different options for resolving the issue of releasing a person who has committed a criminal act from criminal liability:

1) upon expiration of the statute of limitations, the competent state authorities are obliged to release the person who committed the crime from criminal liability. The limitation periods are differentiated depending on the category (severity) of the crime committed;

2) upon expiration of the statute of limitations, the court acquires the right to release the person who committed a crime punishable by death or life imprisonment from criminal liability. In this case, the entire set of circumstances characterizing the crime, personality and behavior of a person after the commission of a crime is taken into account. For a positive solution of the issue, an inner conviction of the composition of the court is required about the loss of a public danger by a person who has committed an especially serious crime.

If the court does not consider it possible to release the said person from criminal liability due to the expiration of the statute of limitations, then the death penalty and life imprisonment shall not apply. The maximum term of imprisonment in such a case cannot exceed 20 years, and for the cumulative crimes and sentences - 25 and 30 years, respectively. Consequently, in this case, the statute of limitations, although not applied as a basis for exemption from criminal liability, nevertheless entails a significant legislative mitigation of criminal repression;

3) the limitation period does not apply to persons who have committed crimes against the peace and security of mankind, provided for in Art. Art. 353, 356, 357 and 358 of the Criminal Code.

3. In the event that a person commits a new crime, the statute of limitations for each crime shall be calculated independently.

4. Exemption from criminal liability due to the limitation period is allowed provided that, within the specified period, the person guilty of the crime has not evaded the investigation or trial; otherwise, the course of the limitation period is suspended.

Evading an investigation or trial is a deliberate act specifically aimed at evading criminal responsibility. As such, the practice considers changing the surname, living without a registration, plastic surgery, etc. It can also take place both in cases when the investigating body or the court has already carried out certain procedural actions (a preventive measure has been chosen, an accusation has been brought, etc.), so and when a person is hiding in order to evade criminal responsibility, not yet being known to law enforcement and judicial authorities.

5. The course of the limitation period after its suspension shall be resumed from the moment of the arrest of the escaped criminal or his surrender. If the limitation period is suspended, the time that has elapsed before the person evades the investigation or the court is not canceled, but is subject to offset in the general limitation period.

6. Termination of the initiated criminal case on the grounds provided for by the commented article is not allowed if the accused objects to this. In this case, the proceedings continue as usual. If it ends with a conviction, the court, taking into account the expiration of the statute of limitations, must release the perpetrator from punishment.

Another commentary on Article 78 of the Criminal Code of the Russian Federation

1. Exemption from criminal liability in connection with the expiration of the statute of limitations shall be applied in the presence of two conditions: 1) the expiration of the statute of limitations established by the criminal law; 2) the absence of circumstances that violate the course of these terms.

2. Under the current Criminal Code, the statute of limitations depends on the category of the crime committed.

3. In accordance with Art. 78 of the Criminal Code, a person who has committed a crime is released from criminal liability if the following terms have expired from the date of the crime:

a) 2 years after the commission of a crime of little gravity;

b) 6 years after the commission of a crime of average gravity;

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

d) 15 years after the commission of an especially grave crime.

4. The Criminal Code of the Russian Federation establishes that the statute of limitations is calculated from the day the crime was committed and until the entry into force of the sentence.

5. In accordance with Part 2 of Art. 9 of the Criminal Code, the time of committing a crime is the time of committing a socially dangerous action (inaction), regardless of the time of the onset of the consequences. If the crime was not brought to an end for a reason that does not depend on the will of the perpetrator, then the limitation period begins from the moment of the attempted crime or the suppression of preparations for a crime (grave or especially grave).

6. A certain feature is the calculation of the statute of limitations for bringing to criminal responsibility for the commission of ongoing and continued crimes. In the case of continuing crimes, the limitation period is calculated from the moment of the actual termination of the crime, both at the will of the perpetrator and for reasons beyond his control (detention, confession). When an ongoing crime is committed, the limitation period begins to run from the moment the guilty person commits the last criminal act, which is a link in the ongoing crime.

7. The end point of calculating the statute of limitations for criminal prosecution is the day the sentence comes into legal force. From that moment on, a criminal case, according to the criminal procedural legislation, cannot be initiated, and the initiated one must be terminated at any stage of the criminal process.

8. In the event that a person commits a new crime, the statute of limitations for each of them shall be calculated (flowed and expired) independently, ie. an increase in the statute of limitations is not provided for by the law.

9. However, the course of the statute of limitations shall be suspended if the person who committed the crime evades the investigation and trial. Evasion of the investigation and trial should be understood as any deliberate action committed by a person who is suspected of committing a crime or is accused of it in order to avoid criminal liability for what he has done (for example, change of residence, change of name, residence with forged documents, etc. .). In this case, the course of the statute of limitations is resumed from the moment the suspect (accused) is detained or surrendered.

10. Exemption from criminal liability in connection with the expiration of the statute of limitations for criminal prosecution shall be made regardless of the discretion of the preliminary investigation bodies or the court. In other words, the expiration of the limitation period forms a mandatory basis for exemption from criminal liability under Art. 78 of the Criminal Code. However, the situation changes when it comes to crimes for which the law provides for the possibility of imposing the death penalty or life imprisonment (there are five of them in the Special Part of the Criminal Code - Articles 105, 277, 295, 317, 357).

11. The question of applying the statute of limitations to a person who has committed a crime punishable by death or life imprisonment is decided by the court (part 4 of article 78 of the Criminal Code). Consequently, in such cases, the expiration of the limitation period is not a mandatory basis for exemption from criminal liability. The court takes into account the identity of the perpetrator, his behavior after the commission of the crime, the length of time that has elapsed since the event of the crime, and other circumstances. At the same time, if the court does not consider it possible to release such a person from criminal liability due to the expiration of the statute of limitations, then it has no right to impose a death penalty or life imprisonment on him, but must impose imprisonment for a certain period.

12. In accordance with the norms of international law, the Criminal Code of the Russian Federation provides for an exception to the general rule on the application of the statute of limitations for criminal prosecution. According to Part 5 of Art. 78 of the Criminal Code, the limitation period does not apply if a person has committed a crime against the peace and security of mankind under Art. Art. 353, 356, 357 and 358 of the Criminal Code (planning, preparation, unleashing or waging an aggressive war; the use of prohibited means and methods of warfare; genocide; ecocide). Therefore, persons who have committed these crimes can be prosecuted and convicted regardless of the time that has elapsed since the commission of such a crime.

Statute of limitations in criminal cases- this is the period of time during which a person who committed a crime can be held accountable under the Criminal Code of the Russian Federation. The statute of limitations in criminal cases for various types of crimes will be discussed in this article.

On the statute of limitations in criminal cases

Many people know that any person can be held liable only if the procedure was carried out before the expiration of the period specified by law. At the same time, in criminal cases, the statute of limitations differs from those in civil law.

The concept of "limitation period in criminal cases » is not correct, in criminal law this category is called “the statute of limitations for criminal liability”.

Criminal limitation periods differ from civil ones in that in the latter case, only the period of time is taken into account during which the interested person has the right to apply for the protection of his rights. In criminal law, however, responsibility occurs, as a rule, regardless of whether the interested parties have taken any action to bring the culprit to justice - it is enough to carry out a certain procedure by an authorized state body.

After the expiration of the limitation period for criminal prosecution, both the punishment of the culprit and the conduct of any measures leading to this are excluded.

Don't know your rights?

Expiration of the statute of limitations for criminal prosecution

Now let us examine the question concerning the moment of the beginning of the calculation of this period. It all depends on the specific situation, however, as a general rule, the very moment of committing a criminal act is considered the beginning. If it was interrupted at any stage (for example, stopped at the stage of preparation), then the beginning of the calculation of the statute of limitations in a criminal case should be considered the moment of the commission of actions that are the last and entailed (could entail) an act of socially dangerous nature ...

When it is said about a continuing (expressed in the continuous implementation of a certain criminal act) or an ongoing crime (consisting of a number of systematically repeated illegal actions committed during a certain period of time), then the limitation period in a criminal case starts counting from the moment the criminal act is suppressed or the last act is committed in this chain, respectively.

It is important here that the time limit does not include periods during which the guilty party evaded prosecution or in any other way obstructed the administration of justice. In this case, we are talking only about those cases when a citizen deliberately took such actions (for example, changed his name, appearance, place of residence / stay / work, other information about himself) precisely in order to avoid liability.

Also, the law provides for the expiration of the limitation period. In accordance with Art. 78 of the Criminal Code of the Russian Federation, the limitation period is calculated before the entry into force of the sentence.

On the statute of limitations under the Criminal Code of the Russian Federation

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To date, when calculating the limitation period, criminal legislation provides for several terms, the application of which directly depends on the committed act. These terms are stipulated in Art. 78 of the Criminal Code of the Russian Federation:

  1. In the case of a minor crime, the statute of limitations is 2 years. This refers to acts, the punishment for which provides for imprisonment for a term not exceeding 3 years.
  2. If we are talking about acts of moderate severity, then the limitation is equal to 6 years. Art. 15 of the Criminal Code indicates that a crime of this kind is punished in the form of a longer imprisonment than in the previous case: 5 years - for intentional crimes and 3 years - for acts committed through negligence.
  3. The term of criminal prosecution for grave crimes is 10 years. Under grave should be understood intentional actions, the term of imprisonment for which, according to the Criminal Code, does not exceed 10 years.
  4. Prosecution for particularly serious criminal offenses is possible for 15 years. Those are considered as such, the punishment for which provides for imprisonment for a term of 10 years or other, more severe measures.

It should be noted that when a person commits a crime for which life imprisonment or the death penalty is imposed, the application of the statute of limitations is the exclusive prerogative of the court (however, if the statute of limitations is not applied, life imprisonment and the death penalty are not imposed).

Situations are also envisaged when the statute of limitations in a criminal case does not apply. Such acts, in particular, include:

  • crimes related to the implementation, planning, organization or other assistance to terrorist activities;
  • planning / unleashing an aggressive war and the use of prohibited methods in the conduct of such;
  • genocide;
  • attack on institutions and organizations under international protection;
  • mutiny with weapons;
  • encroachment on the life of a public / statesman;
  • violent seizure and retention of power.

In the Criminal Code of the Russian Federation, there are certain periods during which a person can be held accountable for what he has done. This time period will depend on the severity of the atrocity committed, after which the offender is released from criminal liability by the court in the presence of all the conditions specified by law.

Timing

The time frame during which a person can be held liable for the committed act is indicated in Art. 78 of the Criminal Code. Moreover, this period will depend on the degree of danger of the offense. The timing here is as follows:

Within two years for atrocities of the least severity;

Six years, if the degree is average;

10 years if the act is grave;

Fifteen years in the event of a special grave crime.

After the expiration of these time periods, the person must be released from prosecution by law enforcement agencies, about which the investigator or interrogator issues a reasoned decision. In the event that the issue of exemption from criminal liability for the committed act should be decided only by the court, the ending will not be decisive here. The only thing that will be illegal in this case is the harshest punishment in the form of life-long isolation from society or the death penalty. Therefore, such a court verdict can be appealed to a higher instance.

Does not apply

In addition to the fact that a person may incur a punishment imposed by a court when the period for bringing to criminal liability has not yet ended, he has the right to be released from it after the end of this time period, if the norms of the Criminal Code do not interfere with this. Although, of course, this rule does not apply to all committed crimes.

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

If the attacker is hiding

A citizen who has gone on the run cannot hope that in this case the rule on the expiration of the statute of limitations for the committed act will be applied to him. Because at this time, the investigation of the case is suspended and resumed only after the person is found. That is why the hiding attacker cannot hope that the period of criminal prosecution will pass and he will be released from legal punishment.

Especially serious atrocities

If a person faces the death penalty or life-long isolation from society for what he has done, then the expiration of the statute of limitations for criminal prosecution is not decisive here. Because the fate of a person in this case is determined by the judicial authority, which has the right to apply any type of punishment, except for a harsh and capital punishment.

An example here might be the following. Suppose a citizen deliberately and with particular cruelty deprived of their lives 10 people, for which he faces only the most severe punishment - this is isolation from society until the end of his life, because the death penalty is currently suspended. Therefore, even fifteen years after the deed, only the court will decide his fate. In this case, the imposed punishment can be in the form of imprisonment, but only for a certain period.

The general rule about the end of the time period after which a person is released from prosecution by law enforcement agencies does not apply here.

Countdown features

The period for bringing to criminal responsibility will be calculated from 00.00 o'clock the next day after the deed. If a citizen commits another crime during the specified period, then the time for counting down for each of the crimes is made separately.

Petition

If a person accused of committing an act whose statute of limitations has already expired wants to get rid of procedural claims on the part of the investigation or the court as soon as possible, then he needs to apply with the appropriate statement to the state body where his case is located. This can also be done by his lawyer, which in this case will be much more beneficial for the citizen himself.

The application should be composed as follows.

Request to end the persecution

due to the fact that the period for bringing to criminal responsibility has ended.

In proceedings ______ (name of institution, body) is the case of a citizen _______________ accused of committing an atrocity under Art. ____ of the Crimes Code.

This crime belongs to the category of the lowest severity, which is confirmed by _____________. More than two years have passed since the deed, in accordance with which, guided by Art. Art. 24, 27 of the Criminal Procedure Code, please:

Stop criminal prosecution against _________ under part _____ of article ______ of the Criminal Code.

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

Lawyer ____________ (transcript).

In the event that the said application is drawn up without violating the norms of the procedural law and considered at the time provided for this, then the citizen will be able to free himself much faster from prosecution by law enforcement agencies and the court, because the expiration of the period for bringing to criminal responsibility directly indicates this fact ...

At the same time, one should not forget that this circumstance is not rehabilitating for a person and therefore does not prove his innocence to the deed. But at the same time, he does not admit the possibility of recognizing him completely guilty.

Sometimes in practice, there are situations when a procedural person invites a citizen to confess his deeds in order to complete the investigation of the case on this basis, and this is a gross violation of the law and a reason for appeal.

Prescription

This concept means a certain time period, after which the person can no longer be held liable for what he did. Art. 128 of the Criminal Procedure Code, it is defined as follows:

If the exact date is known, then from 00.00 hours of the next day after the commission of the crime until the end of the last day of the established limitation period;

From the beginning of the month to the end of the specified period (depending on the severity);

If there are several atrocities, then from the moment of the latter.

The stage of the case process is also of great importance here. So, for example, if the expiration of the period for bringing to criminal responsibility occurs before the trial, then the case can be terminated during the preliminary investigation, if, of course, the citizen himself is not against it. Otherwise, the process is completed only after the verdict has been passed, in which an indication is made that the convicted person has been released from punishment on the grounds provided for in Art. 78 of the Criminal Code.

Some types of atrocities committed are not subject to the statute of limitations for criminal prosecution. The articles indicated in the crime code and confirming this fact are as follows: 205, 206, 211, 356, 357, 358, 360, 278, 277.

Nuances

There is one feature in the criminal law that allows a person to be released from punishment after his conviction, but only if the period of the conviction has ended. This rule is enshrined in Art. 83 of the Criminal Code. If the convicted person evades serving the sentence and hides, then this period is suspended.

Certain period

After the commission of a specific crime, the statute of limitations for bringing a person to criminal responsibility must pass, and they are as follows:

Slight severity - at least 2 years;

Average - six;

Severe imply a time span of ten years;

Particularly difficult - fifteen or more years.

If there were several atrocities, then the calculation of the time period takes place from the moment of the last one.

Suspension of the term

In this case, the culprit should not hope that if he waits for a while, he will be able to escape punishment. Here, the situation is that when the attacker evades the investigation of the case and justice, the statute of limitations for prosecution is suspended. The Criminal Code of the Russian Federation states this circumstance in Article 78.

In such a situation, law enforcement agencies may have some difficulties in the following points:

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

In the case when it is necessary to determine the identity of the offender;

Start the countdown after the suspension of the proceedings.

Certain types of atrocities

Each crime committed has its own terms of criminal prosecution. The Criminal Code of the Russian Federation defines them according to the category of the severity of the offense.

Let's give an example. Theft is the theft of someone else's property hidden from prying eyes. The punishment for this type of act can be from two to ten years, depending on the part of the article of the Criminal Code. It follows from this that for this crime it is possible to bring a person to justice within two and ten years.

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

Next example. Taking possession of another person's property through deception or abuse of trust - The Code defines punishment for him in the form of isolation from society, which in time ranges from two to ten years. This will depend on the specific crime and part 159 of the article of the Criminal Code.

The term for criminal prosecution for fraud can be either two years or ten, if the act is equated to a grave one. Accordingly, if the attacker deceived the grandmother, and the latter gave him 3000 rubles, he will receive only 2 years in prison, and if he took possession of her apartment, then up to 10 years. Consequently, during the entire period after the commission of the act, a person can be held accountable under the law and punished.

Arbitrage practice

In this case, there are two options for terminating the case against a particular citizen.

In the first case, if the defender of the accused provides in court the written consent of his client to complete the investigation of the case due to the expiry of the time frame for bringing to criminal responsibility. The Criminal Code of the Russian Federation states about such an exemption from punishment in Art. 78. It is not, but it is not considered a confirmation of the guilt of a person.

Another option is a conviction by the court indicating that the person is released from punishment, because the terms of criminal prosecution are considered completed after a certain amount of time.

An example can be cited as follows. A case was initiated against the citizen under the Atrocities Code. The punishment for this part provides for up to two years of isolation from society. By the time of the court session, a two-year period has passed from the date of the commission of the act. In connection with the establishment of this fact by the court, the criminal prosecution was terminated.

The next illustrative example. The citizen worked in the hospital as a nurse in the infectious diseases department. After a patient with a severe form of chemical poisoning was delivered by ambulance, he was given first aid by a doctor, after which he was placed in an intensive care unit and was under the supervision of specialists. The person had to give injections and do droppers with drugs, which the accused did not do one day, and this led to the victim being in intensive care in a coma and subsequently died without regaining consciousness. The nurse was charged with Art. 109 of the Atrocities Code, the punishment for which cannot be more than three years of isolation from society, since it belongs to the category of the least severity.

The accused, after conducting a series of examinations, fully admitted her guilt.

By the time of the court hearing, the defendant's defense counsel submitted her written consent to discontinue the case due to the expiration of the statute of limitations. The basis for filing this petition with the court was Art. 78 of the Code. Because in its first part it is precisely spelled out what the statute of limitations for criminal liability exists for acts of small gravity, after the completion of which the person is released from punishment.

The prosecutor did not object to this statement. The court, having listened to all the arguments of the defense, came to the conclusion that to satisfy the lawyer's motion and to release his trustee from responsibility for the deed. Because more than three years have passed since that fateful moment, on the basis of which he issued a reasoned decision.

Next example. The magistrate's court received a case on the charge of a citizen of an atrocity provided for. In this case, the investigator did not indicate the fact that the statute of limitations for this atrocity had already expired. This fact was established by the court independently. During the trial, the state prosecutor expressed his position on finding the person guilty and passing a verdict in which it was indicated that the citizen was exempted from responsibility, which would not be entirely legitimate.

The court stopped criminal prosecution against the citizen after the expiration of the statute of limitations, which was prescribed in the relevant resolution.

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The general rule on the calculation of time limits says that he starts counting from 00:00 hours starting from the last atrocity, and ends at 00:00 hours after the expiration of the statute of limitations for the crime in a criminal case.

The statute of limitations for criminal prosecution, according to the Criminal Code of the Russian Federation. People who are accused in committing illegal actions, but in fact in a criminal offense, they are not responsible for the atrocity they have committed in the following cases, when it has passed:

  1. From 2 years or more from the date of the commission of the act of minor gravity.
  2. From 6 years or more from the moment of the commission of the act, which is regarded as moderate.
  3. More than 10 years from the moment of the commission of the act, which is regarded as grave.
  4. From 15 years or more from the day when there was a completely especially grave deed.

The starting point is the day when the statute of limitations begins. It was then that illegal actions were committed.

In many cases, determining the start date of the expiration of the statute of limitations causes many difficulties through external factors, but nevertheless, many years of experience and practice help in solving this difficult task.

When does the statute of limitations expire?

Counting, when the period of criminal prosecution ends, begins from the moment of committing the unlawful atrocity until the moment when until the court makes a legal verdict.

Among other things, it should be noted that the time period of limitation is valid until the day when this court decision comes into force.

In situations where the suspect commits new offense, then the period of release is calculated in different cases in different ways, depending on the severity of the act committed.

Consequently, if the accused commits a new atrocity during this period, then the period that the court has appointed for the first act is extended, according to the Criminal Code of the Russian Federation.

The expiration of the limitation period is suspended in the case when the citizen who committed the offense, hiding

In this case, the expiry of the statute of limitations by the court judgment shall be renewed from the time when the offender was detained or he himself confessed.

The statute of limitations, which ended by the time the perpetrator left for the atrocity, is subject to a general calculation.

The legal conditions under which a postponement or release from punishment is permissible include the following:

  • expiration of the period from that time, when the judgment took effect, the term of which is calculated depending on the severity of the crime;
  • absence of any circumstances, which could interfere in the event of expiration of the statute of limitations for the offense committed;
  • unseen circumstances, incurred during the specified period of execution of the sentence.

Guided by the Criminal Code, it can be concluded that the assigned judicial verdict of the person, whose guilt has been proven, be executed at the same minute - from the moment when the verdict became valid.

But there are times when the verdict do not activate due to the presence of many reasons (for example, the offender was seriously ill during the statute of limitations, etc.).

Liberation process

Serving a criminal sentence after a lot of time has passed since the day the sentence was pronounced, loses its force for the duration of the term.

The legislation of our country speaks of the so-called institute of limitation of the sentence.

It implies the expiration of the deadlines specified by law, after which the court verdict will not be valid according to the law.

Consequently, the person who committed the atrocity automatically released from responsibility before the court.

The suspension of the statute of limitations is the period of time that elapsed from the day the offense was committed to the day when the accused began to abscond.

In this situation, the limitation period does not lose its significance. It is saved and is also taken into account for additional extension of the term.

Statement

A certain difficulty is the issue of closing the statute of limitations for the accused who were brought to justice before the court for committing prolonged atrocities.

The calculation of the period of time of the statute of limitations begins from the time when the offender stopped doing atrocities of his own free will or was arrested by the authorities.

When committing prolonged illegal actions, the limitation period begins to be counted from the time when it was committed the last act, which is a continuation of a whole chain of crimes committed.

There is a special procedural procedure for filing an application for the expiration of the statute of limitations for exemption from criminal punishment for the crime committed.

The initiation of a case is compulsorily terminated prior to the commencement of the investigation process. To do this, you should have a resolution of the investigator, prosecutor or body of inquiry.

At the next stage, the case goes to court. By order of the judge, the case against the accused must be closed.

In the event that the face does not consider himself guilty in the commission of an atrocity, then the closure of the case due to the expiration of the statute of limitations is prohibited.

Then the investigation of the accused's case continues in accordance with the procedure established by law.

Petition

An exception to the rule when using the statute of limitations for the accused who has committed a crime is the statute of limitations.

It does not apply to those citizens who have committed acts against the security of humanity or the world.

As a result, the considered statute of limitations, during which there can be prosecution, is applied regardless of the central investigation bodies.

This means that the completion of the statute of limitations constitutes a mandatory basis for the release of the accused from punishment.

At the same time, it should be noted that this rule does not in any way apply to acts for which liability is provided in the form

In this situation, the question of the completion of the statute of limitations for the atrocities committed depends only on the court's decision, taking into account the personality of the offender, the time span and the severity of the crimes, as well as many other circumstances.

Based on the above, we can conclude that prescription of the act does not serve as a basis for exemption from criminal punishment.

But if, when considering a newly opened case, the court finds no grounds for releasing the accused from criminal punishment due to the fact that the statute of limitations has expired, then he has the right to assign the highest measure of responsibility.

In other cases, the possibility of applying this penalty is excluded, taking into account the request for the expiration of the limitation period.