Closure of criminal proceedings by statute of limitations

According to the current Ukrainian legislation, a person who is suspected/accused of committing a criminal offense must be punished for the crime committed. However, at the same time, there is such a concept as the statute of limitations. That is, a person cannot be prosecuted after the expiration of the terms established for a specific offense. In this article, we will consider in detail the issue of closing criminal proceedings according to the statute of limitations.

Features of exemption from criminal liability

To begin with, we note that the statute of limitations is a period of time after which a person cannot be held liable. Its beginning is considered to be the day the offense was committed.

The statute of limitations for each specific case is different. The first part of Article 49 of the Criminal Procedure Code clearly specifies the mechanism for releasing a person from liability under the statute of limitations:

• Committing a minor offense (maximum punishment for such crimes – fine, correctional work) – 2 years.
• Committing illegal actions of minor severity (maximum punishment – ​​restriction/deprivation of liberty) – 3 years.
• Committing criminal acts of medium gravity - 5 years.
• Committing serious crimes - 10 years.
• Committing particularly serious crimes - 15 years.

How is criminal proceedings closed in cases where the statute of limitations exceeds the above-mentioned terms? It all starts with an appropriate request from the suspect/accused. After receiving a motion to close criminal proceedings, the court is obliged to respond quickly, that is, to close the case.

The statute of limitations characterizes the following process: the more time passes since the offense was committed, the more it loses its relevance and the risk of its social danger decreases. It also motivates representatives of law enforcement agencies to consider criminal cases more quickly. In addition, it should be noted that over time, evidence in cases becomes incomplete (witnesses, victims are confused in their testimony, etc.). Limitation periods are also aimed at preventing the violation of the rights of suspects/accused in court.

The legislator distinguishes between two options for using statutes of limitations to close criminal proceedings:

1. Exemption from punishment - part five of Article 74 of the Criminal Code.
2. Exoneration of a person from criminal responsibility - Article 49 of the Criminal Code.

It is worth noting that in the second case, the court does not officially condemn the person.

Closing a criminal case: does the position of the accused matter?

In this part of our article, we consider it appropriate to consider 2 cases: the consent of the accused to close the case and his refusal.

• The accused person agrees to the closure of the case.

As mentioned above, the decision to close a criminal case based on the statute of limitations is made by the court. Important: the court decision does not resolve the issue of guilt/innocence of a person.

If a person has committed several crimes, only those for which the statute of limitations has expired are closed. All other criminal cases remain relevant.

In cases where a person committed a new crime before the expiration of the statute of limitations, the term begins to be calculated anew. The statute of limitations is calculated separately for each crime. Therefore, the statute of limitations relieves the accused person of a long stay in "suspension".

Complete closure of criminal proceedings is accompanied by cancellation of seizure of property and other preventive measures.

• The accused person does not agree with closing the case.

There are situations when the accused does not agree to release from criminal responsibility.

In this case, the proceedings in the court continue in the general manner. Representatives of the pre-trial bodies and the court can refuse the accusation. If this does not happen, the court passes a new sentence (for example, complete acquittal of the accused, etc.).

In any case, in a criminal case it is worth enlisting the support of a professional lawyer.

The criminal lawyers of our Prykhodko and Partners law office have the necessary practical experience to achieve the desired result for the client. Every person has an inalienable right to protect his own interests in a criminal case.

At the pre-trial investigation stage, our experts:

• Conduct effective negotiations between investigative bodies, the prosecutor, and the injured party.
• The evidence base is being collected, which will allow the suspect to be acquitted or the sentence significantly reduced.
• Violations committed by investigative bodies during the pre-trial investigation are recorded.

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