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The statute of limitations in criminal cases in Russia. The limitation period in criminal cases is one of the important parts of the legislation The limitation period for criminal prosecution

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Statute of limitations criminal liability depends on the category (severity) of the crime.

The limitation period for some articles of the Criminal Code of the Russian Federation:

According to Art. 115 of the Criminal Code, Art. 116 (beatings), Art. 119 (threat of murder) Part 1 of Art. 158 (theft), part 1 of Art. 159 (fraud), p.

1 tbsp. 228 of the Criminal Code (drug possession), art. 327 CC (fake documents) - the limitation period is two of the year.

Under Part 2 of Art. 158 of the Criminal Code (theft), part 2 of Art. 159 (fraud) - the statute of limitations is six years.

For hours 3 and 4 of Art. 158 (theft), part 3 and part 4 of Art. 159 (fraud), part 2 of Art. 228 of the Criminal Code (drug possession), part 3 of Art. 290 and 291 CC (bribes) - the statute of limitations is ten years.

According to Art. 105 of the Criminal Code (murder), part 3, part 4, part 5 of Art. 228-1 of the Criminal Code (drug sales) - the statute of limitations is fifteen years.

If the corpus delicti you are interested in is not among those listed, you can find out it yourself, using the instructions:

How to find out the statute of limitations in a criminal case?

To find out the limitation period in a criminal case, you need:

1. Find an article in the criminal code that interests you, if there are several parts in the article, then the corresponding part of this article.

2. View the maximum (most severe) punishment for the article of the Criminal Code you are interested in, or for the part of this article that interests you.

3. Determine the severity of the crime according to the maximum punishment (how to determine the severity of the crime is described below).

4. Determine the limitation period for criminal liability based on the gravity of the crime. For this, it is necessary to be guided by the rules established by article 78 of the criminal code.

On the basis of part 1 of Article 78 of the Criminal Code of the Russian Federation - a person is released from criminal liability if the following terms have expired from the date of the crime:

b) six years of crime moderate;

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

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

Thus, the limitation period for criminal liability depends on the category (severity) of the crime.

According to article 15 of the Criminal Code of the Russian Federation:

The crime slight severity Is a crime, the maximum punishment for which does not exceed 3 years in prison. Also, this category includes crimes for the commission of which there is no punishment in the form of imprisonment.

A crime of average gravity is an intentional crime, the maximum punishment for which does not exceed 5 years in prison, and does not willful crimes, the maximum penalty for which exceeds 3 years in prison.

A serious crime is a crime with a maximum penalty for which does not exceed 10 years in prison.

An especially grave crime is a crime with a maximum penalty for which exceeds 10 years in prison.

Features of calculus:

The limitation period is calculated from the day the crime was committed and until the entry into force of the judgment.

The limitation period is suspended if the person evades the investigation or trial. Simply put, if a person is "on the run", wanted - the statute of limitations "does not flow." The course of the statute of limitations resumes from the moment of the arrest of the said person or his surrender. Therefore, it is impossible to wait for the expiration of the statute of limitations while "on the run".

In some cases, the course of the limitation period for fraud (Article 159 of the CC) has a number of peculiarities associated with the question: "what is considered the time of the end of the crime?"

The statute of limitations for the commission of crimes provided for in different parts the same article of the criminal code may differ and sometimes very significantly.

Examples:

Since the maximum punishment for a crime provided for in Part 1 of Article 264 of the Criminal Code of the Russian Federation is imprisonment for up to 2 years (that is, less than three years), it is a crime of small gravity, therefore, the statute of limitations is 2 years.

Since the maximum punishment for a crime provided for in Part 3 of Article 159 of the Criminal Code of the Russian Federation is imprisonment for a term of 6 years (that is, more than five years), it belongs to the category of serious crimes, therefore, the statute of limitations is 10 years.

Do you need a lawyer in a criminal case in Moscow? Call: 8-925-025-17-79!

This material has been prepared on the basis of the provisions of the current Russian legislation taking into account legal positions set out in the Plenary Resolution The Supreme Court Russian Federation No. 43 dated September 29, 2015.

The relevance of the material presented as of 01.10.2015

What is the statute of limitations?

According to the provision of article 195 Civil Code Of the Russian Federation (hereinafter - the Civil Code of the Russian Federation) as such is recognized term for protection in judicial procedure violated right(subjective civil law specific person, natural or legal).

Statute of limitations for murder in Russia

The general limitation period is three years.

From what point in time does the limitation period begin to run?

The limitation period begins on the day when the person whose right has been violated learned or should have known:

  • about violation of your right and
  • about who is the violator of this right.

Are there any special conditions for calculating limitation periods for legal entities?

The limitation period for a legal entity begins from the moment:

  • when authorized executive agency(for example, General manager LLC) or the participant / founder of the LLC found out or should have found out about the violation of a specific right of a legal entity and
  • when they found out who exactly is the violator of this right.

It is important to remember that if the General Director of the Company or its members changed, then this circumstance will not in any way affect the “starting point” of the limitation period.

How is the limitation period calculated for the authorities acting to protect the violated rights of citizens?

Rules for calculating the statute of limitations for authorized authorities ( public law entities) is essentially the same as for legal entities. In addition, it is important to remember that if a prosecutor or other authorized body, then the course of the limitation period is determined by the moment when the person in whose interests the prosecutor / authorized body is acting has learned about the violation of rights.

Are there any peculiarities of calculating the limitation period, if the legal entity was reorganized or the ownership of the disputed thing was assigned to another person?

According to the law, these circumstances do not in any way affect the beginning of the limitation period and the procedure for calculating it. The limitation period begins to run from the day when the original owner of the right learned or should have learned about its violation and who it was violated.

Can the statute of limitations be restored?

The restoration of the limitation period by the court is possible only for valid reasons related to the personality of the plaintiff: serious illness, helpless condition, illiteracy, etc.

Can a legal entity restore a missed statute of limitations?

The limitation period missed by a legal entity or individual entrepreneur, regardless of the reasons for its omission, cannot be restored.

Is there any kind of limitation period?

As a reminder, the general limitation period is three years. Part 2 of Article 196 of the Civil Code of the Russian Federation establishes the absolute limit for the duration of the statute of limitations at 10 years, that is, it is impossible to restore the statute of limitations over ten years.

It should be noted that neither the three-year nor the ten-year limitation period does not apply to the cases specially stipulated in the law:

  • when personal moral rights and other intangible benefits,
  • to the requirements of depositors to the bank for the issuance of deposits,
  • to claims for compensation for harm caused to the life or health of a citizen,
  • other cases listed in article 208 of the Civil Code of the Russian Federation.

What needs to be done to apply the statute of limitations?

The limitation period is applied only by the court and only at the request of the party to the dispute. V jurisprudence such a statement is usually made by the defendant. Declaration of the inappropriate party or from a third party on the application of the limitation of actions legal significance does not have.

In what form should the statute of limitations be reported?

The law does not provide for any special conditions for the form of a statement on the limitation period; it can be made both in writing and orally at any stage. trial.

What are the legal consequences if the defendant in court declares that the statute of limitations has been missed?

If the plaintiff missed the limitation period and there are no valid reasons for its restoration, the court has the right to refuse the plaintiff to satisfy the claim without considering the dispute on the merits.

If the limitation period for the claim for the return of a monetary debt has expired, is it possible to recover a forfeit and a fine for this debt?

In accordance with the law, if the limitation period for the main claim has expired (the amount of the debt), then additional requirements(forfeit, interest, penalties, etc.) it is also considered expired. If, for example, a loan agreement implies that interest on the loan is paid by the borrower after repayment of the principal amount, then the limitation period for interest flows separately regardless of the expiration of the limitation period for the demand for repayment of the principal loan.

What is a break in the limitation period?

If obligated person(the debtor) commits actions on recognition of the debt (for example, in writing, in response to the claim, recognizes the debt and enters into an agreement on payment by installments), then the course of the limitation period is interrupted. After the interruption, the course of the limitation period begins anew. But it should be remembered that the same response to a claim, which does not contain a clear indication of the recognition of the debt, does not in itself indicate its recognition, and, accordingly, the course of the limitation period is not interrupted. An interruption in the course of the limitation period in connection with the commission of these actions can take place only within the limitation period, but not after its expiration.

If necessary, obtaining legal advice on the application of the limitation period, you can contact the Domkiny & Partners Law Office using any convenient form of communication

Back to Criminal Case

Article 78 of the Criminal Code of the Russian Federation establishes that one of the grounds for exemption from criminal liability is the expiration of the statute of limitations in a criminal case.

At the same time, the specific statute of limitations in criminal cases depends on which category of severity belongs to. committed crime(small and medium gravity, grave and especially grave crimes).

1. In the case of the commission of a crime of little gravity, the perpetrator shall be exempted from criminal liability after two years from the date of the commission of the crime. Crimes of minor gravity include those crimes (intentional and reckless), the maximum punishment for the commission of which is no more than two years in prison.
2. For crimes of medium gravity, the statute of limitations expires upon the expiration of six years from the date of the commission of the crime, after which the person is not subject to criminal liability, and the criminal case against him shall be immediately terminated. An intentional criminal act, the maximum punishment for which does not exceed five years in prison, as well as an act committed through negligence with a maximum punishment of more than two years, is considered a crime of average gravity.
3. When a serious crime is committed, a person must be released from criminal liability ten years after the date of its commission. Serious crimes include those, the sanction for the commission of which exceeds five years, but does not exceed ten years in prison.
4. Those guilty of especially grave crimes will have to wait the longest, because only after fifteen years they can expect to be exempted from criminal liability. Particularly grave crimes include all intentional crimes, the maximum sanction for the commission of which is more than ten years, including life imprisonment and the death penalty.

Crimes without a statute of limitations

In Art. 78 of the Criminal Code of the Russian Federation also formulates the rules for calculating the statute of limitations. The day of the commission of the criminal act is considered to be the beginning of the calculation of the time limits.

In order to understand when the time frame for bringing to criminal responsibility expires, it is necessary to establish the moment of the end of the crime.

For the bulk of crimes, this is not so difficult to do. However, difficulties arise in calculating such terms in the commission of ongoing and ongoing crimes.

As for continuing crimes, the timeframes begin to run from the moment the crime was stopped, that is, ended. It can be a confession of a person who committed a crime, or his detention by law enforcement agencies.

The limitation period for ongoing crimes begins to be calculated from the moment the last unlawful identical action was committed. The end of the limitation period is the moment when the court judgment enters legal force... When the perpetrator commits a new crime, the statute of limitations for it begins to be calculated independently from the very beginning, and so on for each crime.

The limitation period should be calculated from zero hours of the day following the day the act was committed, and the calculation should end at twenty-four hours of the last day of the limitation period. For example, the statute of limitations for criminal prosecution for a serious crime committed on December 20, 2011 ends at 24 hours on December 20, 2021.

The main condition under which a person is released from criminal liability within the time frame specified in Art. 78 of the Criminal Code of the Russian Federation, is not the suspension of their calculation. So, if guilty person is hiding from the investigating authorities or the court, then the limitation period for this time is suspended and resumed from the day of the arrest of the person who committed the crime, or in the case of his self-confession law enforcement.

It should be noted that the statute of limitations in criminal cases does not depend on the discretion of the authorities. preliminary investigation and the courts, which means that in the event of the expiration of the statute of limitations, these bodies are obliged to take the measures provided for in Art. 78 of the Criminal Code of the Russian Federation.

This does not apply to cases where a person has committed a crime punishable by life imprisonment or the death penalty. Whether or not the statute of limitations is applied is the sole decision of the court in these cases.

At the same time, certain guarantees are provided for persons sentenced to life imprisonment or the death penalty. So, if the court decides not to release them from criminal liability, then in this case the court is prohibited from applying life imprisonment or the death penalty to the guilty.

At the same time, the Criminal Code of the Russian Federation provided for exceptional cases in which, in principle, the statute of limitations cannot be applied. This exceptional case is the commission of such crimes against the peace and security of mankind as planning, preparing, unleashing or waging an aggressive war (Article 353), the use of prohibited means and methods of warfare (Article 356), genocide (Article 357), and also ecocide (Article 358).


As in other areas of law, in criminal law there are certain periods of limitation, which are time periods after which no measures of responsibility can be applied to the guilty person.

Statute of limitations in criminal law

In this case, any additional circumstances of the case are not taken into account.

Statute of limitations in criminal cases

The starting point is when the wrongdoing was committed, which ultimately led to negative consequences... V individual cases, the starting point will be the day on which the entry into force of the judgment of the judicial authority took place.

The only exceptions are special prohibited acts that have been interrupted prior to their final execution. For example, in the event that the organizers were preparing for the subsequent accomplishment, but were caught and arrested, the period provided by law will begin its countdown from the moment of the latter. misconduct, which, ultimately, should have led to the main crime. This also includes the attempt.

In most cases, the stipulated limitation period in the Russian Federation runs continuously, however, in some special situations, it can be suspended, depending on whether there are reasons for this.

The main reason for this may be the official flight of the guilty person from the authorities. In this case, the countdown will be resumed at the time of the immediate arrest and arrest of the suspect.

The application of any punishment for a crime, the period of conviction for which has already passed, will be absolutely unlawful. In this case, a certain measure of responsibility may be applied to persons who have committed this violation of current norms. The initiator of the imposition of punishment can be both the person guilty of the unlawful act and representatives of the criminal authorities.

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 measures of influence. It should be noted that an exclusively intentional attempt on a person's life will be considered murder. In the event that the death of a citizen arose due to negligence, he will be judged under another article.

The general limitation period for the deprivation of a person's life is 15 years from the immediate moment of committing the above illegal actions.

The question of what article a person will be tried for murder can be answered unequivocally - according to Art. 105. Of the Criminal Code of the Russian Federation. Only parts of it will differ, each of which can be applied, depending on the individual circumstances of the case, as well as on other factors.

Expiration of the statute of limitations

The expiration of the statute of limitations for causing the death of a citizen is a formal procedure. To properly record the fact of the expiration of the period established by law, authorized person issues the corresponding order. V this document all important information is indicated: information about the criminal case, about the suspect in this case, as well as various additional circumstances. In addition, the reason that was an obstacle for the guilty person to be punished must be indicated.

In some situations, Judicial authority can make an independent decision on the period of limitation in relation to a particular crime. For example, for a murder committed with special circumstances, the time frame may not apply at all. In this case, the court considers the situation in individually, taking into account such factors as: the cruelty of the committed act, the availability 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 the previously established time frames were canceled in relation to a certain murder, the guilty person can be convicted absolutely at any time. At the same time, the fact that even several decades could have passed since the moment of the crime will not matter here.

Attempted murder

Attempted murder, of course, can be attributed to a serious prohibited act, for which the criminal norms of the Russian Federation provide for the appropriate types of punishment.

The very concept of "attempt" in this case means the absence of an immediate result, which was previously thought by the organizer of the act. But, at the same time, it assumes the obligatory presence of deliberate intent, in which the person knew about the subsequent negative consequences and really wanted them to come.

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:

  1. Availability direct object... V in this case the object is the life of a citizen, on which the attempt is made;
  2. definition of a subject - a person who commits an attempted murder. In this case, he must be a person who has reached the age of majority, and also has full legal capacity;
  3. subjective side. Attempted murder must be characterized by the presence of proven intent in the actions of the accused. If this circumstance is not properly confirmed, the application of a certain measure of punishment will be unlawful;
  4. objective side - due to the presence of specific external signs that can confirm the entire composition of illegal actions.

The punishment for attempted murder will, of course, be expressed in imprisonment. The exact time frame 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. By general rules, it will be 15 years. The starting point in this case will also be the moment when the assassination attempt was committed.

If the violation of criminal norms was committed in a prolonged duration, the last prohibited act is taken into account.

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about the author

Gromov Alexander Vladimirovich

In 2000 he graduated from the Law Faculty of the Higher School of Economics. Works in legal sphere 16 years old, specialization - settlement of housing disputes, transactions with property, family matters, inheritance, land disputes, criminal cases.

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According to Part 1 of Art. 78 of the Criminal Code of the Russian Federation of June 13, 1996 N 63-FZ (hereinafter referred to as the Criminal Code of the Russian Federation), a person is released from criminal liability if two years have passed after the commission of a which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed three years in prison); six years after the commission of a crime of average gravity (crimes of average gravity are deliberate acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed five years in prison, and negligent acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation exceeds three years of imprisonment freedom); ten years after the commission of a grave crime (grave crimes are deliberate acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed ten years in prison); fifteen years after the commission of an especially grave crime (especially grave crimes are deliberate acts, for the commission of which the Criminal Code of the Russian Federation provides for a punishment in the form of imprisonment for a term of over ten years or more severe punishment).

In accordance with Part 1 of Art. 212 of the Criminal Procedure Code of the Russian Federation of December 18, 2001 N 174-FZ (hereinafter referred to as the Code of Criminal Procedure of the Russian Federation), a criminal case and criminal prosecution shall be terminated if there are grounds provided for in Articles 24-28.1 of this Code.

According to clause 3, part 1 of Art. 24 of the Code of Criminal Procedure of the Russian Federation, a criminal case cannot be initiated, and an initiated criminal case shall be terminated in the event of the expiration of the statute of limitations for criminal prosecution.

At the same time, in cases of termination of a criminal case on the grounds provided for in paragraphs 1 and 2 of part one of Article 24 and paragraph 1 of part one of Article 27 of the Code of Criminal Procedure of the Russian Federation, the investigator or prosecutor takes measures to rehabilitate the person.

A criminal case is terminated by order of the investigator, made on his own initiative in accordance with the current criminal procedure legislation, or at the request (petition) of the suspect (accused), his defense lawyer.

In practice, often, when preparing a decision to terminate a criminal case at the request (petition) of the suspect (accused), his defender, the investigator asks to plead guilty to the committed criminal act, which is illegal and unfounded and contrary to the Code of Criminal Procedure of the Russian Federation.

So, according to Part 2 of Art. 213 of the Code of Criminal Procedure of the Russian Federation, the resolution specifies: 1. the date and place of its issuance; 2. position, surname, initials of the person who issued it; 3. the circumstances that gave rise to and the basis for the initiation of a criminal case; 4. point, part, article of the Criminal Code of the Russian Federation, providing for a crime, on the basis of which a criminal case was initiated; 5.results preliminary investigation indicating the data on the persons against whom the criminal prosecution was carried out; 6. applied preventive measures; 7.

The limitation period for criminal prosecution under Article 159

paragraph, part, article of the Criminal Procedure Code RF, on the basis of which a criminal case and (or) criminal prosecution is terminated; 8. the decision to cancel the measure of restraint, as well as the seizure of property, correspondence, suspension from office, control and recording of negotiations; 9. decision on material evidence; 10. the procedure for appealing against this decision.

It should be noted that, within the meaning of the current criminal procedure legislation, the termination of a criminal case due to the expiration of the statute of limitations for criminal prosecution does not apply to rehabilitating grounds.

Part I. General part

Section 5. Exemption from criminal liability and punishment

Article 69. Release from criminal liability in connection with the expiration of the limitation period

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) five years after the commission of a crime of average gravity;

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

d) twenty 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 verdict.

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 person is detained or surrendered.

Article 78. Release from criminal liability in connection with the expiration of the statute of limitations

In this case, a person cannot be held criminally liable if the statute of limitations has not been interrupted since the commission of the crime and the following periods have expired:

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

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

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

d) twenty-five years after the commission of an especially grave crime.

4. The course of limitation is interrupted if, before the expiration of the periods specified in the first part of this Article, the person who has committed a grave or especially grave crime commits a new deliberate crime. In such cases, the calculation of the limitation period begins anew from the day the new crime was committed. In other cases, if a person commits a crime again before the expiration of the statute of limitations, the statute of limitations for each crime runs independently.

5. The question of the application of the statute of limitations to a person who has committed a crime for which the death penalty or life imprisonment may be imposed under this Code, shall be resolved by the court. If the court does not consider it possible to release a person from criminal liability due to the expiration of the statute of limitations, then the death penalty is replaced by life imprisonment, and life imprisonment is replaced by deprivation of liberty for a term of twenty-five years.

6. To persons who have committed crimes against the peace and security of mankind, terrorist crimes, as well as especially grave crimes against the person, fundamentals constitutional order and state security, in the field economic activity, against public safety and public order, statute of limitations does not apply.

Note

The main sources of published texts of normative legal acts: the Kazakhstanskaya Pravda newspaper, the Adviser database of the legal reference system, Internet resources online.zakon.kz, adilet.zan.kz, and other mass media on the Web.

Although the information was obtained from sources that we believe to be reliable and our specialists have used maximum efforts to verify the correctness of the received versions of the texts of the given normative acts, we cannot give any confirmation or guarantees (either explicit or implicit) regarding their accuracy.

The company "KAMAL-Consulting" is not responsible for any consequences of any application of the wording and provisions contained in these versions of the texts of regulatory legal acts, for the use of these versions of the texts of regulatory legal acts as a basis or for any omissions in the texts published here regulatory legal acts.

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 verdict. 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 limitation period is resumed 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 the death penalty or life imprisonment, decided by the court. 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.

5. To persons who have committed crimes provided for in 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 those who have committed crimes associated with the implementation of terrorist activities provided for in Articles 277, 278, 279 and 360 of this Code, no limitation periods 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 found in the stage judicial trial, the court brings the case to the end and decides 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 commission of crimes consisting of two actions, the limitation period is calculated from the date of the last criminal action.

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

1) after the expiry of the limitation period, the competent government bodies 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 to the issue, the internal conviction of the composition of the court about the loss by the person who committed an especially serious crime is required, public danger.

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 statute of limitations 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 the court; v otherwise 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 registration, plastic surgery and others. It can also take place as in those cases when the investigating authority or the court has already carried out certain procedural actions(a preventive measure was chosen, an accusation was presented, etc.), 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 statute of limitations 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 shall be offset into 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. The proceedings in this case shall 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 recognized as the time of committing a public 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 peculiarity is the calculation of the statute of limitations for bringing to criminal responsibility for the commission of continuing and continuing 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 final moment of calculating the statute of limitations for criminal prosecution is the day the sentence comes into legal force. From this 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, i.e. 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 under fake documents, etc. .). In this case, the course of the statute of limitations resumes 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 the application of 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. Moreover, 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 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, provided for in 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.

Everything related to the limitation period is defined and clearly regulated by the Criminal Code of the Russian Federation (Criminal Code of the Russian Federation). Directly the limitation period is determined taking into account the gravity of the act committed. The moment at which the statute of limitations begins is determined by general principles provided by the Criminal Code.

The latter regulates that the limitation period is counted directly from the moment at which there was a completely criminal offense. In the event that a crime was prevented at the planning stage, the limitation period is counted from the moment at which potential criminals committed any socially dangerous act.

It is also important to take into account the fact that if there are actions on the part of the guilty person that interfere with his involvement, the period of their implementation is not taken into account when calculating the duration of the statute of limitations in a particular criminal case. Such circumstances include a change in name or citizenship of a person, as well as any other way of evading responsibility.

Limitation period

The limitation period depends on the severity of the crime

Acting criminal law The RF determines the limitation periods of different duration. It is possible to determine such a period of time only taking into account the severity of the committed act, which is regulated in the Criminal Code of the Russian Federation. According to the 78th article of this act, the limitation period on the territory of Russia is as follows:

  • with an insignificant nature of the crime (punishment not exceeding 36 months) - 2-3 years;
  • with an average severity of the crime (punishment not exceeding 60 months) - 3-6 years;
  • for a serious crime (punishment not exceeding 120 months) - 10 years;
  • for an especially grave crime (punishment exceeding 120 months) - 15 years.
  1. the intentionality of the act committed (with the direct intent to commit a crime, prescription will take the longest indicator among those provided for in this case);
  2. the presence of aggravating and mitigating factors for liability.

For a more accurate determination of the limitation period, it will be necessary to study in detail the provisions of the Criminal Code of the Russian Federation that regulate this issue of the legal sphere.

The video will acquaint you with the statute of limitations:

In what cases a criminal case has no statute of limitations

It is important to understand that the concept we are considering is not applicable to every criminal offense. In particular, such crimes are regulated by law. If the nature of the criminal case fits these criminal precedents, then the statute of limitations does not apply to it and, accordingly, the person who committed the crime can be punished, regardless of how long ago he did it.

The criminal legislation of the Russian Federation regulates the following types of criminal offenses to which the concept of "limitation of actions" is not applicable:

  • crimes related to the fact of deliberate development and having a terrorist nature;
  • genocide;
  • crimes of special gravity related to the development and implementation of aggressive influence on people using methods;
  • illegal or unlawful retention of legal authority;
  • crimes related to violation of the rights of international organizations;
  • any kind of encroachment on a municipal and public person.

It is worth noting that criminal legislation also allows you not to consider the statute of limitations for crimes, the punishment for which involves a life sentence in prison. However, this practice can only be achieved.

Expiration and determination of the duration of the statute of limitations

In some cases, the limitation period may be indefinite

As it became clear from the material presented earlier, the expiration of the limitation period makes it impossible to apply criminal liability to the offender. However, after the end of a specific time period, the following may also happen:

  • The limitation period will be defined as indefinite. This practice can be achieved only in court and exclusively for those criminal offenses, the punishment for which provides for life in prison.
  • A criminal case should be resolved "to conduct", but with some restrictions. This practice possible only by court order.

In other cases, the expired statute of limitations completely excludes the possibility of punishing the culprit. It is important to consider that the exact end date this period determined on the last day calendar period, established by law, or on the date on which it enters into force judgment on business.

Of course, the information presented above is extremely useful for considering the limitation period of a specific criminal case, but how can you accurately determine such a period of time? To do this, you will have to carry out the activities presented below:

  1. study the Criminal Code of the Russian Federation;
  2. determine the severity of the act in question and the most severe punishment applicable to a person for committing it;
  3. determine the moment when the crime was committed.

Do not forget - this is also a determinant of the time at which the investigation or the court can prove the guilt of the offender. So, with a successful investigation of a criminal case during the limitation period, responsibility for the commission of an act can be imposed at any time.

As you can see, the topic discussed in today's material is quite complex and confusing. We hope that our resource was able to present the whole essence of the concept of limitation of actions in an accessible way and provide answers to questions of interest to readers.

The issue of the duration of criminal liability in Russia is entirely devoted. It states that the criminal prosecution can be closed due to the limitation period after 2 years, 6, 10 or 15 years.

The limitation period depends on the category of the crime, maximum term of 15 years applies to especially grave crimes. In this case, liability may also arise after the expiration of the statute of limitations, if the court considers the crime to be socially dangerous and does not see the point in limiting the criminal prosecution. The situation is similar with crimes that provide for life imprisonment or the death penalty.

What is the statute of limitations for murders? It all depends on the circumstances of the crime, the presence of aggravating or mitigating factors. More on this in our today's article.

Categories of crimes

The limitation period depends on the category of the crime, each of which is set out in.

According to the severity (social danger of the act), any crimes are divided into 4 types:

  • minor crimes - willful and negligent acts, the punishment for which does not exceed 3 years in prison;
  • crimes of average gravity - willful acts with imprisonment for up to 5 years and a negligent act, the punishment for which is more than 3 years;
  • grave crimes - intentional crimes, the punishment for which does not exceed 10 years in prison;
  • especially grave crimes - intentional crimes for which imprisonment for a term exceeding 10 years or another, more severe punishment is imposed.

Features of calculating the statute of limitations for crimes

In Art. 78 of the Criminal Code of the Russian Federation, in part 1, indicates the dependence of the statute of limitations on the category of the crime:

  • minor crimes - 2 years;
  • moderate - 6 years;
  • grave crimes - 10 years;
  • especially grave crimes - 15 years.

The calculation of the limitation period begins at exactly 00:00 hours of the day following the day the crime was committed, and ends at the time of issuance judgment or its entry into force. Each type of crime has its own statute of limitations. For example, if a person has once committed a theft, and now he was tried for hooliganism, then the statute of limitations for theft will not be updated (if he was never convicted of it).

The course of the limitation period is interrupted exactly at the time when the perpetrator evades the investigation, payment of a fine and other measures of criminal liability. The limitation period will be considered renewed from the moment when the perpetrator is forcibly detained or visits investigative bodies for writing a confession.

For crimes for which life imprisonment or the death penalty is imposed, the statute of limitations may be canceled by a court decision. In this case, we are talking about acts that pose an increased public danger.

What crimes have no statute of limitations?

On crimes in respect of which the statute of limitations does not apply, it is said in part 5 of Art. 78 of the Criminal Code of the Russian Federation. It is on crimes that, in accordance with the norms of world law, are recognized as committed against the peace and security of all mankind.

These crimes include:

  • terrorist acts, including international ones;
  • ecocide and genocide;
  • hijacking of an aircraft or watercraft;
  • inhumane ways of conducting military operations;
  • some types of hostage-taking;
  • planning, preparation and unleashing of hostilities;
  • attacks on the life of government officials or public figures;
  • seizure and retention of power, armed rebellion;
  • attack on citizens and institutions that are under international protection.

Criminal prosecution for these actions will take place indefinitely, regardless of the period of their commission, the age of the offender and other factors.

Duration of criminal liability for murder

Responsibility for the killings is indicated in. It has two parts, the first of which is devoted to unqualified (“common”) crimes, and the second to murders with additional qualifying (aggravating) features. Under the first part of Article 105, liability implies imprisonment for a term of 6 to 15 years, under the second - imprisonment from 8 to 20 years, as well as life imprisonment or the death penalty.

Any murders are classified as especially serious, since maximum terms imprisonment for them, regardless of the presence or absence of aggravating signs - from 15 to 20 years. In accordance with Art. 78 of the Criminal Code of the Russian Federation for especially grave crimes is assigned a limitation period of 15 years. Murders with aggravating signs (part 2 of article 105 of the Russian Federation) imply the possibility of life imprisonment or the death penalty, therefore, in relation to them, the court may completely cancel the statute of limitations. That is, criminal prosecution for especially violent murders aggravated may not have a statute of limitations.

The duration of criminal liability for murder can be eternal if the relatives of the deceased have filed an appeal against the application of the statute of limitations with respect to the crime. judicial instance... In theory, the standard 15-year statute of limitations could be lifted for any premeditated murder.

Preferred types of murders

Kills with extenuating circumstances or potentially less dangerous for society than “ordinary” premeditated murders (Article 105 of the Criminal Code of the Russian Federation). These include:

  • murder by a mother of a newborn child during or immediately after childbirth () - imprisonment up to 5 years;
  • murder in a state of passion () - imprisonment for a term of 3 to 5 years;
  • oversized killing necessary defense() - imprisonment for up to 2 years;
  • murder as a result of exceeding the measures for the arrest of a person who committed a crime (part 2 of article 108 of the Criminal Code of the Russian Federation) - imprisonment up to 3 years;
  • causing death by negligence () - imprisonment from 2 to 4 years, depending on the presence of aggravating signs.

By these articles the limitation period will always be less than 15 years because they are not particularly hard. In accordance with Art. 78 of the Criminal Code of the Russian Federation, they belong to the category of crimes of small or medium severity, therefore the limitation period for them cannot exceed two and six years, respectively.

Last updated December 2019

If you believe the sayings of jurists of the era of Roman law, the law is harsh, but fair. Humanism, justice are the fundamental principles of criminal law. One of their manifestations is the introduction of the concept of the statute of limitations for criminal prosecution.

The lawmakers introduced it because, in their opinion, the danger of a crime decreases significantly over time from its commission, so the punishment will not serve its main goals - to correct the offender and prevent new offenses.

What is the limitation period for prosecution under the Criminal Law

The limitation period for bringing to criminal responsibility is the period of time after which it is no longer possible to bring the perpetrator to the established responsibility. It is counted from the date of completion of the crime.

The statute of limitations is in direct proportion to the danger of a crime to society.

Minor crimes

For crimes in this group, the most severe punishment is imprisonment up to 3 years. The period within which it is possible to bring to justice for them expires after 2 years from the day of the crime.

The most common formulations are:

  • theft, appropriation, waste, if there are no qualifying signs;
  • infliction of bodily harm related to minor harm to health, and harm of moderate severity without aggravating circumstances, beatings,;
  • penetration into the home;
  • arbitrariness;
  • failure to pay alimony;
  • evasion of taxes and other payments without aggravating signs, under Art. 199;
  • insult to a government official and others.

Unlawful acts of moderate severity

In this group, the punishment for intentional acts cannot exceed 5 years of imprisonment, and for careless 3 years. The limitation period ends in 6 years from the day the crime took place. These are the following acts:

  • Qualified species:
    • caused significant damage to the victim;
    • with penetration into the storage;
    • from clothing or luggage with the victim.
  • Fraud, misappropriation, waste - causing significant damage and committed by a group of persons.
  • Robbery, in the absence of aggravating circumstances.
  • Sexual intercourse of an 18-year-old with a person under 16 years of age.
  • Abuse of authority by a manager commercial organization Art. 201 and officials government agencies and organizations with state participation without aggravating symptoms.
  • Violation of the rules road traffic, as a result of which the victims suffered grievous harm or death, and others.

Serious crimes

Serious crimes are committed only with intent, the harshest punishment for them is a maximum of 10 years in prison. The limitation period for such acts is 10 years... These crimes include:

  • Particularly skilled thefts:
    • with penetration into the home;
  • Fraud:
    • with the use of official position;
    • resulting in deprivation of the right to housing.
  • :
    • by a group of persons;
    • with the use of weapons.
  • Qualified species:
    • with the use of violence;
    • with penetration into housing;
    • on a large scale.
  • Intentional infliction of harm to the health of the victim, attributed to grievous injuries, without particularly qualifying signs.
  • Rape with serious consequences.
  • A number of offenses in the field of illegal traffic in narcotic drugs, psychotropic substances and their precursors.
  • and her dacha for illegal actions and others.

Particularly grave criminal acts

And, finally, to the category of the highest severity of crimes under the Criminal Code of the Russian Federation, for which one can be deprived of freedom for a long period - more than 10 years, a statute of limitations is applied. 15 years from the day of the act. These are the most dangerous crimes for society, such as:

  • some crimes related to the trafficking of illegal substances, drugs, psychotropic substances, committed in amounts from significant to especially large;
  • creation criminal community, organizations, participation in them, etc.

In certain cases, the court has the right to lower the category of the severity of the crime, but only by one level. When calculating the limitation period in this situation, if necessary, take into account the category determined by the court.

Exceptions to the rule

If the perpetrator commits any prohibited act from the list provided h. 5 art. 78 of the Criminal Code of the Russian Federation, he will be punished, regardless of the severity and formal completion of the statute of limitations.

Considering that these acts pose a special threat to the state and the world, the legislator has established a prohibition to apply the statute of limitations to the persons who committed them.

The statute of limitations does not apply for crimes:

  • terrorism-related;
  • associated with the preparation, conduct of an aggressive war, the use of its prohibited methods;
  • hostage taking;
  • genocide; ecocide.

Application at the discretion of the court

The question of the application of the statute of limitations to a defendant who has committed an act that may be punishable by life imprisonment or the death penalty is decided by the court at its own discretion in each individual case.

This is the right of the court, and only his, but not an obligation. On pre-trial stage during the investigation of the case, such a decision cannot be made.

If the court concludes that the application of the statute of limitations to a particular defendant does not make sense, the judge shall impose a punishment within the sanction of the article, while the capital punishment and life sentence are not applied. That is, despite the fact that the statute of limitations has passed, the perpetrator is not released from punishment for the crime committed.

Calculation procedure

  1. If the crime is simple, committed here and now, for example, injuries, simple theft, the limitation period runs from the moment it ends.
  2. The moment of the end of a continuing crime, such as possession of weapons, drugs, is the moment of its suppression;
  3. The end of ongoing crimes, for example, theft of money in parts in several steps, is associated with the end final action which is part of one act.

The statute of limitations for each crime is calculated separately, in no way added up or absorbed by each other. They count as years, expire at midnight last day the final year of the term.

For example, on June 25, 2015 at 15:30, a crime of average gravity was committed. The statute of limitations for this crime will end exactly at midnight on 06/25/2021, 06/24/2021 - its final day.

The limitation period is counted until the entry into force of the final decision on the case, which may be a sentence or a court order.

If the last day of the statute of limitations coincides with the date of entry into force of the decision, the perpetrator will not be released from liability, because the statute of limitations on this date has not yet ended.

Suspension of the limitation period

The legislator has provided that a possible criminal can simply hide from the investigation and the court, making attempts to avoid prosecution and punishment, waiting for the end of the statute of limitations.

If a citizen evades a court or investigation, the statute of limitations is suspended.

The Supreme Court clarified that such actions of the suspect, the accused, the defendant, the purpose of which is not to be detained and brought to justice, should be regarded as evasion in this case.

This, for example, a violation of the conditions of a preventive measure, moving and other similar actions. Only persons brought to criminal responsibility with the status of suspect, the accused or defendant.

Not regarded as evasion:

  • when the person who committed the crime is not identified;
  • when the competent authorities are not aware of the crime.

The limitation period continues from the day when the citizen evading justice will be detained or will appear before the law enforcement agencies on his own.

Here's a rough example - let's say a crime is committed on 05/21/2013. Since 05/30/2015 the suspect has evaded the investigation, violating the chosen preventive measure in the form of a recognizance not to leave, having left in an unknown direction. Three years later, on May 30, he was arrested. Accordingly, more than 5 years have elapsed since the date of the crime, and the limitation period has passed only in the amount of 9 days, from 05/30/2018 it will continue its course.

What to expect at the end of the term

The consequences of the expiration of the statute of limitations, in principle, in any interpretation lead to exemption from responsibility for a crime, differ only in the options for their procedural registration.

Pre-investigation stage

It is possible that a crime report may reach law enforcement agencies after the statute of limitations has expired, or it will come to an end when it is carried out.

Clause 3 of Part 1 of Article 24 of the Code of Criminal Procedure of the Russian Federation it is established that in such situations a criminal case cannot be initiated. Therefore, if, as a result of the verification, the corpus delicti is established, it is possible to make a decision on the refusal to initiate a criminal case on the basis of the above norm.

Investigation phase

When the limitation period for the onset of responsibility for a crime ends during the investigation or inquiry, the criminal case initiated in connection with its commission is also terminated by a decision of the person who has it in the proceedings.

If the suspect or the accused objected to this decision, the proceedings on the case shall end in general order, it goes to court.

Stage of litigation

At the end of the statute of limitations in a case in court - if it was received after the expiration of the term, or it expired during the trial, with the consent of the defendant, the court also makes a decision to terminate it.

If the defendant does not agree with the termination of the proceedings on such grounds, the trial continues as usual.

According to the results of the trial, if the defendant is nevertheless found guilty, he will be sentenced, from serving which he will be released, since the statute of limitations has expired. If he is found not guilty, an acquittal may be issued.

Termination of criminal prosecution on the basis in question, any phase of criminal proceedings can take place only if the person brought to justice requests it and / or does not object to such a decision.

Such a requirement is based on the fact that this reason for the exemption from liability - non-rehabilitating, that is, in fact, the fact of the commission of the crime in question by the person is actually established, but at the same time, in contrast to the verdict, no conclusion is drawn about guilt or innocence.

It guarantees the right of a citizen to achieve his own rehabilitation based on the results of the consideration of the case. The victim's disagreement to terminate the case after the expiration of the statute of limitations is not an obstacle to making this decision.

Information about the final decision on the case or material based on paragraph 3 of Part 1 of Art. 24 of the Code of Criminal Procedure of the Russian Federation, are recorded in the Information Center of the Ministry of Internal Affairs, this fact is regarded as criminal prosecution.