Russian legislation provides, in addition to protecting the rights of citizens, the time within which you want to apply to the courts.Everyone knows that the statute of limitations for criminal cases - a very significant factor.For violation of this section may be followed by a partial failure in the proceedings, and in some cases a complete failure.
What is the term of the criminal statute of limitations and peculiarities of its establishment, we learn from this article.
limitation period - a period during which the activities should be carried out to investigate the crime.If this period has expired, the person shall be released from criminal prosecution.
Due to the fact that from the time when the criminal offense was committed was a long time, lost the connection between the person and the offense committed by them.The picture of the events to recover quite difficult to identify the persons involved in the crime, too easy.Therefore, the legislation establishes the statute of limitations after which a person can not be used for criminal action.That is, a citizen is exempt from punishment.But there are crimes that do not have any statute of limitations, nor, especially exemption from liability.More on this later.
in the Russian Criminal Code, the following time limits within which the investigation must be carried out:
- 2 years, if the offense is committed with application of lung injury.
- 6 years, if the offense is regarded as a crime of medium gravity.
- 10 years if the offense is committed severe nature.
- 15 years if the offense is particularly serious in nature.
From the list it is clear that the heavier the crime, the longer-term need to pass from the time it was committed.
limitation period for a criminal case according to the law begins its countdown since the commission of the crime.If the crime is protracted, eg, theft of equipment or other property for a long time, the limitation period will start its countdown from the last episode proved.
limitation period will be counted from the moment of arrest the perpetrator if he is for a long time to commit crimes of this nature: storage of ammunition or firearms.
If the offender is already subject to prosecution, and it applied the statute of limitations in criminal cases, the new offense will be a limitation period, from the day it was committed.That is a violation of the terms of each have an independent meaning.Frees man from prosecution at the end of the period of limitation, subject to procedural rules.Criminal proceedings can be terminated during the preliminary investigation only with the consent of the prosecutor, the investigator or investigators.If you transferred the case to the court, only it it stops.
If the offense is committed grave nature, with the result that a person died, or killed when provided for life imprisonment, the statute of limitations in criminal cases can be considered only by the court.The court is entitled to apply to the persecuted person measure release from criminal prosecution.Or do not apply.Then the offender will pursue criminal, but for life imprisonment, as well as the death penalty is applied to it will not.He can be defined any term of imprisonment.
There are situations where the statute of limitations in criminal cases is not applicable.These include crimes related to human security on a global scale - the outbreak of war, genocide and terrorism.Such crimes will always be prosecuted.This is due to the fact that it is an act of high risk, as well as the fact that these crimes reveal and expose the perpetrators are usually very difficult.
