There are times when knowledge of their rights before the state law enforcement agencies is necessary.In this article we will look at the circumstances precluding legal responsibility, as well as criminal and administrative responsibility.
Legal responsibility
value of legal liability: a violation of the rules defined by the state, and the subsequent enforcement of the requirements of law (according to the legislation on the situation), the application of certain sanctions to face wrongdoing on the part of the competent authorities.In this case, the term authorization is expected reimbursement penalties and damages caused by another person, as well as criminal (imprisonment) or administrative responsibility (disciplinary punishment, and so on.).Any offense (in Vol. H. The administrative and criminal) in this case involves the accusation and the subsequent determination of the case investigation.At this stage, the circumstances precluding legal responsibility.It can be: insanity of the offender, his condition is uncontrolled, mental illness (schizophrenia, dissociative personality disorder, different types of hallucinations: auditory or visual).In this case, the subject is placed in a hospital that is not bringing to legal liability.In addition, the legislation of the Russian Federation is determined by a number of circumstances which a careful examination of the case exempt a person from liability.Namely: self-defense;emergency;infringement made by the physical / mental influence of third parties;actions undertaken to apprehend a certain person, the perpetrator;actions carried out under the order or by the order of third parties.
Circumstances excluding criminal responsibility
Under criminal liability refers to the application of more stringent criminal legal action against the infringer, which are set by law.In this case, the responsible person who has carried out the crime is punishable in accordance with the measures stipulated by the Criminal Procedure Code.At the same circumstances precluding legal responsibility, act more extensive list than criminal.These include: actions of the person carried for self-defense, as well as the actions of the person carried out in case of emergency.In the first case taken into account the position of the accused at the time of the crime: whether it was self-defense against violence or threats of violence.At the same time the police are considering not whether the action of self-defense are exceeded.In the second case, the police determine how desperate the situation was, that is, whether there was a threat to the life of a greater evil than the forced emergency action made by the accused person.
Circumstances excluding the administrative responsibility
to the list of entities exempt from the penalties are minor offenders, as well as irresponsible person (psychological, mental disorders).Furthermore, in this case also causes stand on which the person can be exonerated.Namely: the need for the implementation of the infringement, as well as acts committed in self-defense.However, it should be said that the circumstances precluding legal responsibility (as well as criminal and administrative responsibility), carefully examined by law enforcement agencies.And if you try to just "wriggle out" of the situation, it is wasting time unnecessarily.Moreover - deception will be regarded as an aggravating circumstance.
