Renewals in criminal law: from theory to practice

Автор: Kostyuk Mikhail Fedorovich, Kunts Elena Vladimirovna

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Актуальные проблемы адвокатской практики

Статья в выпуске: 1 (56), 2022 года.

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Purpose of article is systematic analysis of the concept of limitation in criminal law, identification of problems in the practical application of this institution, formulation of recommendations and proposals for their solution. In the process of research, methods of analysis and synthesis, historical, comparative legal, generalization, systemic, formal-logical and dialectical methods of scientific knowledge were used. The expiration of the deadlines specified in the law after the commission of a crime is considered to be prescription in domestic criminal law, due to which the prosecution of the perpetrator is excluded (Art. 78 83 of the Criminal Code of the Russian Federation). The limitation periods for exemption from criminal liability and punishment, depending on the category of the crime committed, are identical to each other. It is considered advisable that the rules of the current criminal legislation of the Russian Federation include a statute of limitations for the commission of a crime and the release of a person from criminal liability after the expiration of the statute of limitations. The release of a person from criminal liability and punishment in connection with the expiration of the statute of limitations is a manifestation of excessive humanism towards a criminal who did not take any action to make amends for the harm caused, did not repent of what he had done.

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Statute of limitations, criminal law, exemption from criminal liability and punishment

Короткий адрес: https://sciup.org/140293909

IDR: 140293909

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