Under criminal liability refers to statutory responsibilities of persons to be punished if they commit a particular crime.This responsibility consists of many different kinds of items.It includes:
- duty of all persons responsible for the crimes committed;
- conviction, which is reflected in the negative evaluation of the offense the person;
- application to have committed a crime of various kinds of measures that are criminal in nature;
- criminal record, which is a consequence of punishment (criminal record does not always follow the criminal liability).
Criminal liability arises at the very moment when a person commits an offense.She realized from the moment when a person will apply measures of criminal coercion.On expiry of a previous conviction for criminal liability will be terminated.In that case, if the punishment has not been assigned, this responsibility cease on the day when the final judgment of the court.
Criminal liability for crimes closely connected with punishment.However, immediately note that it is not limited thereto.Penalty - this is just one of the forms, which can be implemented for criminal liability.A person can be convicted without sentencing.The court's decision can not be associated with punishment, and forced treatment.In other words, the concept of "criminal responsibility" is much broader than the concept "punishment".It is also noteworthy that unlike the release from this responsibility, the liberation of any penalty may be not only complete but also partial.
There are certain differences between the criminal responsibility from other activities:
- only its base can only be a criminal act that contains absolutely all the elements of the offense;
- her order and she established only by law;
- it can be assigned only by the court.All other bodies and officials have no right to impose it under any circumstances;
- she always wears only a strictly personal nature.It applies only to physical persons;
- it can lead to a conviction.
Under this type of exemption from liability understand the release of persons who have committed a particular crime by a mandatory need to be subjected to a court conviction in the form of evaluation of the acts committed.In this case, the procedural form is an act of the competent authority, which refers to the dismissal of the case (if it has already been initiated) or a refusal to initiate (in the event that it has not yet been initiated).
exemption from this liability only applies to those persons who actually committed the crime.The circumstances that exclude criminality, it does not apply.
Do not confuse the exemption from liability to the rehabilitation of a person or an excuse - the law anyway comes from the fact that the crime they committed was nevertheless.
Exemption from this type of liability may occur because:
- reconciliation of the perpetrator and the victim (this often happens in cases where the offender in any way compensate for the damage);
- amnesty (ie special act are legitimate grounds for exemption);
- active repentance;
- lapse of time.
conditions may include the following:
- person has committed a crime for the first time;
- there was a turnout of guilt;
- socially dangerous act can be considered a crime of medium gravity or small.
Criminal liability soldiers - is one of the most severe forms of criminal responsibility.
