Completed 3 rd year student1 group specials. 6508/1

Lyashuk Vadim S.

1) there is no public condemnation of the person who committed the crime (not guilty verdict decreed);

2) does not apply to the offender punishment;

3) due to lack conviction exempt from criminal liability shall be considered as having no criminal record.

characterized by three points :

Grounds for dismissal

a person has committed a crime for the first time a small or

moderate

person is not a great danger to society and can be fixed without

the use of punishment

take into account the person's behavior after the crime

crimes under Articles of the Criminal Code, which specified the

grounds and conditions for exemption from criminal liability

(eg ch. 2, Art. 111, etc.)

TYPES exemption from criminal liability

in connection with effective confession (Art. 45)

due to reconciliation of the offender and the victim (Art. 46)

in respect of a person on bail (art. 47)

due to changing circumstances (Art. 48)

due to the lapse of time (Art. 49)

due to amnesty or pardon (Articles 86, 87)

Special grounds for dismissal, provided for in the articles of the Criminal

Code (see. Ch. 2, Art. 111, Part 2 of Art. 114, p. 3 of Art. 175, p. 4 Art. 212, p.

2, Art. 225, h . 5, Art. 258, p. 6 Art. 260, p. 3 of Art. 263, p. 4 Art. 289, p. 4

Art. 307, p. 4 Art. 309, p. 4 Art. 311, p. 3 Art. 369

Classification provided for in the Criminal cases excluding criminal responsibility

Оptional (discretionary)

(transfer on bail, a change of scenery)

Unconditional

(the person is released from liability completely and

irrevocably)

Required (mandatory)

(confession of guilt, reconciliation with the

victim)

Conventions

(Eg. Under the condition that during the year it will

justify the trust of the team)

Depending on which basis a legal act performed exemption from criminal liability:

In cases envisaged by the Criminal

Code

a general part in Special Section

On the basis of the Law of Ukraine on

amnesty

Based on the Decree of the President of Ukraine for clemency

Art. 45 of the Criminal Code states: "A person

who first committed a minor offense shall be

exempt from criminal liability if it is after the crime

sincerely repent, actively contributed to the

detection of crime and fully indemnified her job

losses or damage removed."

Exemption from criminal liability in connection with effective confession (Art. 45)

Grounds for dismissal

the crime

first

the crime of

small

gravity

person

sincerely

repented

person

actively

contributed

detection

of crime

indemnified

person caused

it loss or

damage

eliminated

When committing a crime for the first time in centuries. 45 of the Criminal Code meant that the person had not

committed any offense under the Special Part of the Criminal Code,

which in practice shows the lack of:

Sincere repentance means that a person acknowledges his guilt on

all items charge against them, gives truthful testimony sincerely regrets

the perfect negatively assesses crime sympathizes with the victim has shown a willingness to incur

punishment.

During activeassistance in detecting acrime should understand theactions the perpetrator, areintended to assist the inquiry,pre-trial and trial to establishthe truth, clarifying thefactual circumstances whichare essential for the crime.

Art. 46 of the Criminal Code provides: "A

person who first committed a minor offense shall

be exempt from criminal liability if she reconciled

with the victim and compensated the damage

caused by it or eliminate the damage."

CONDITIONS OF RELEASE

a person has committed a minor offense

the crime first

the crime first...

offender reconciliation with the victim

RECONCILIATION

This agreement is the perpetrator and the victim,

the result of which is a voluntary agreement last release from her abuser

criminally liable

Art. 47 of the Criminal Code provides: "1) A person

who first committed a crime of minor or moderate severity

and sincerely repent, be exempt from criminal responsibility

of sending it to bail the team enterprise, institution or

organization at their request, provided that it is within one

year of the day transfer it to bail justify the trust the team,

not shy of educational measures and not violate public

order.

2) In case of breach of probation transmission person

subject to criminal liability for the crime committed it "

Exemption from criminal liability in connection with the transfer of persons on bail (art. 47)

Exemption in respect of a person on bail - a special type of

exemption from criminal liability, in which it fixes entrusted

public organization or labor collective

The release on bail of the transfer is carried out by the court.

This prosecutor, investigator, with the consent of the

prosecutor, takes a reasoned decision, which is sent to the

court. Application century. 47 is a right, not a duty of the court

Where the person who committed the first crime of

minor or moderate, it can also Buti exempt from criminal

liability if it is recognized that the investigation or the trial

due to changes in the situation it committed the act has

lost its social danger, or is no longer socially dangerous

(Art. 48 of the Criminal Code).

Loss socially dangerous act nature - it is completely or loss of public danger, or

loss of the extent in which the act because of its

maloznachnosti (Part 2 of Art. 11 of the Criminal Code) recognizes non-

criminal.

Art. 49 of the Criminal Code establishes

deadlines old holding a person criminally

responsible for the earlier crime. The end of

these terms is the basis of mandatory and

unconditional exemption from criminal liability.

INTERRUPTION OF LIMITATION

in the case of re-committing crimes of limitation periods

begin again and calculated independently for each offense

the application of limitation to the person who has committed

a particularly serious crime for which can be assigned life

imprisonment by the court. The penalty may not be imposed

for more than fifteen years

course of limitation is interrupted if before the expiration

specified in paragraphs 1, 2 tbsp. 79 terms a person has

committed a new crime of medium gravity, grave or

especially grave crime

Suspension of limitation periods

progress ago stopped if the person has committed a crime,

evaded the investigation or trial. In these cases, the course

of day-old restored appearing person with admission or

detention

a person exempt from criminal liability if since the crime

took fifteen years

Thank you!