How to determine the Statute of limitations in criminal cases

Russian law provides, in addition to protecting the rights of citizens, the time within which to apply to the court. Everyone knows that the Statute of limitations in criminal cases – a factor very significant. Violation of this paragraph may be followed by a partial  waiver in consideration of the case, and in some cases complete failure. 

What is the criminal period of limitations and the peculiarities of its setting, learn from this article.

The Statute of limitations is the period within which must be implemented for the investigation of the crime. If  this period has expired, the person shall be released from criminal prosecution.

Due To the fact that from the moment when it was  committed a criminal act, much time has passed, the connection is lost between the  face and perfect them act. Picture of events to recover is quite difficult to identify the persons involved in the crime, either. Therefore, the legislation establishes a Statute of limitations of criminal prosecution, after which the person may not be applied to criminal measure. That is, the citizen is exempt from punishment. But there are crimes that have no Statute of limitations, nor a release of liability. More about this later.

In the criminal code of Russia there are the following deadlines within which should be investigated:

1. 2 years, if the offence is committed with causing of a little harm to health.
2. 6 years, if the offence qualified as a crime of medium gravity.
3. 10 years, if the crime of severe nature.
4. 15 years, if the offence is of a particularly serious nature.

From the list it is seen that the heavier the crime, the longer time must pass from the time of its Commission.

Recommended

Calculation and payment of sick leave

Sick Pay provided by the legislation of the Russian Federation, in particular TC and FZ No. 255. In addition, some rules are governed by the provisions of the civil code. Any employee upon the occurrence of a certain disease should contact a health f...

Employee certification for compliance with the post: purpose, procedure, result

Employers perceive the order of certification of employees as a formality. Regulations intended for commercial organizations, were not issued. Certification is required only for employees of the organizations designated in the laws of the spheres, le...

Registration of vehicle: procedure, sample application, certificate

Every person who buys a car needs to do its registration in the traffic police. It is necessary when purchasing new or used cars, as well as no matter whether the seller of natural persons or legal entities. Check the vehicle is in the traffic police...

The Statute of limitations of criminal proceedings under the law starts from the moment of Commission of this crime.  If the crime is protracted, for example, theft of equipment or valuables over long periods of time, the Statute of limitations will start its countdown after the last episode proved. 

The Statute of limitations will be calculated from the moment of detention of the perpetrator, if it for a long period commit a crime of this nature: possession of ammunition or firearms.

If the person who committed the crime, is already criminally pursued, and applied to him the Statute of limitations in criminal cases, the new offence will have a Statute of limitations from the date of its Commission. That is, the timing for each violation have independent significance.  Exempt people from prosecution by the Statute of limitations, compliance with procedural rules. A criminal case can be dismissed during the preliminary investigation only with the consent of the Prosecutor, the investigator or investigator. If the case submitted to the court, then only he stops.

If  committed a crime of a serious nature, resulting in the man died, or murder, when provides for imprisonment for life,  the Statute of limitations for criminal cases can only be considered by the court. The court is entitled to apply to the pursued person a measure of liberation from criminal prosecution. Or not to use.  Then the guilty will be criminally pursued, but imprisonment for life, as well as  the death penalty for him will not be applied. It can be defined any term of imprisonment.

There are situations where the Statute of limitations in criminal cases does not apply. This could include crimes related to human security on a global scale – the outbreak of war, genocide, terrorism. Such crimes will always be prosecuted. This is due to the fact that it is the acts of danger, and that to reveal these crimes and denounce the perpetrators, as a rule, very difficult.