How to determine the statute of limitations for criminal cases

Russian legislation provides, in addition to protecting the rights of citizens, the timeframe during which it is necessary to apply to the courts. Everyone knows that the limitation period for criminal cases is a very significant factor. For violation of this paragraph, a partial refusal may be followed in the consideration of the case, and in some cases the refusal is complete.

What is the period of criminal prescription and the specifics of its establishment, we learn from this article.

The statute of limitations is the period during which measures should be taken to investigate the crime. If this period has expired, then the person must be released from criminal prosecution.

In connection with the fact that from the moment when the criminal act was committed a long time has passed, the connection between the person and the deed committed by him is lost. It is difficult to reconstruct the picture of events, it is also not easy to identify the persons involved in the crime. Therefore, the law establishes the limitation period for criminal prosecution, after which a criminal measure can not be applied to a person. That is, the citizen is released from punishment. But there are such crimes that do not have, neither the time limit, nor, let alone the exemption from responsibility. About this later.

The criminal code of Russia has the following deadlines, during which an investigation is to be conducted:

1. 2 years, if the offense is committed with causing minor harm to health.
2. 6 years, if the crime is regarded as a crime of gravity average.
3. 10 years, if committed a serious crime.
4. 15 years, if the crime is of a particularly grave nature.

From the list it is clear that the heavier the crime, the longer the deadline must pass from the moment it was committed.

The statute of limitations of the criminal case starts according to the law from the moment the crime was committed. If the crime is protracted, for example, the theft of equipment or other valuables for a long time, then the limitation period will begin to count from the moment of the last proved episode.

The statute of limitations will be calculated from the moment of detention of the guilty person if he has committed such a crime for a long time: possession of ammunition or firearms.

If the person who committed the crime is already criminally prosecuted and the statute of limitations is applied to him in criminal cases, the new crime will have a limitation period, from the day it was committed. That is, the time limits for each violation are of independent significance. A person is released from criminal prosecution after the expiration of the statute of limitations, with due process. The criminal case can be terminated during the preliminary investigation only with the knowledge of the prosecutor, the investigator or the investigator. If the case is submitted to the court for consideration, then only it is terminated.

If a serious crime has been committed, as a result of which a person has died, or murders, when life imprisonment is foreseen, the limitation period for criminal cases can only be considered by a court. The court has the right to apply to the persecuted person a measure of exemption from criminal prosecution. Or do not apply. Then the perpetrator will be criminally persecuted, but imprisonment for life, as well as the death penalty will not be applied to him. He may be given a term of imprisonment.

There are situations when the statute of limitations for criminal cases is not applied. These include crimes related to the security of people on a global scale - the unleashing of war, genocide, terrorism. The commission of such crimes will always be prosecuted by law. This is due to the fact that these are acts of increased danger, as well as the fact that it is very difficult to disclose these crimes and to expose the guilty persons.