ON THE COMPLIANCE OF THE MATERIAL AND PROCEDURAL CONSEQUENCES OF THE EXPIRATION OF THE STATUTE OF LIMITATIONS PROVIDED FOR IN ARTICLE 78 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION WITH THE INSTITUTION OF RELEASING A PERSON FROM CRIMINAL LIABILITY
Authors:
1.
Saint Petersburg University of the MIA of Russia
Russian Federation
Russian Federation
Type:
Article
Pages:
from 17
to 22
Status:
Published
Received:
29.12.2023
Accepted:
29.12.2023
Published:
29.12.2023
Language:
Russian
Keywords:
Limitation periods for criminal responsibility, limitation periods for criminal prosecution, content of criminal responsibility, public condemnation of a person, punishment, criminal record, releasing from criminal liability
Abstract:
The article presents the results of a study of criminal and criminal procedural legislation, doctrine, investigative and judicial practice of applying Art. 78 of the Criminal Code of the Russian Federation, legal consequences of the expiration of the deadlines provided for therein. It is shown that in the federal legislation and the guiding explanations of judicial practice there is no clear answer to the question of whether a criminal case is subject to termination due to the expiration of the statute of limitations if the person who committed the crime is not identified. The conclusion is substantiated that upon expiration of the deadlines provided for in Art. 78 of the Criminal Code of the Russian Federation, a person is not always released from criminal liability, and it is not always possible or realistic to terminate criminal prosecution (as an activity aimed at exposing the perpetrator of a crime).
The article presents the results of a study of criminal and criminal procedural legislation, doctrine, investigative and judicial practice of applying Art. 78 of the Criminal Code of the Russian Federation, legal consequences of the expiration of the deadlines provided for therein. It is shown that in the federal legislation and the guiding explanations of judicial practice there is no clear answer to the question of whether a criminal case is subject to termination due to the expiration of the statute of limitations if the person who committed the crime is not identified. The conclusion is substantiated that upon expiration of the deadlines provided for in Art. 78 of the Criminal Code of the Russian Federation, a person is not always released from criminal liability, and it is not always possible or realistic to terminate criminal prosecution (as an activity aimed at exposing the perpetrator of a crime).
Keywords:
Limitation periods for criminal responsibility, limitation periods for criminal prosecution, content of criminal responsibility, public condemnation of a person, punishment, criminal record, releasing from criminal liability
Limitation periods for criminal responsibility, limitation periods for criminal prosecution, content of criminal responsibility, public condemnation of a person, punishment, criminal record, releasing from criminal liability
