Attorney
Lawyer, specializing in defense in criminal proceedings regarding serious and especially serious crimes - against life and health, sexual integrity, war crimes with aggravating circumstances, as well as in cases related to violations in the field of taxation
Exemption from criminal responsibility
The current Criminal Code of Ukraine provides for the possibility of releasing a person who has been found guilty of a crime from criminal liability. This is a good enough strategy for the actions of lawyers in criminal proceedings. In this article, we will consider the reasons for exemption from criminal responsibility.
What are the legal grounds for exemption from liability?
Let’s start with the terminology. Exemption from criminal responsibility consists in the refusal of the state from the following measures: condemnation, application of restrictions and punishment in relation to the person who committed the criminal offense. The legislator adds that such a person should not pose a significant danger to society and fulfills clearly defined regulatory conditions. Exemption from liability is clearly defined in Article 286 of the Criminal Code: “this procedure is carried out exclusively by the court.”
If a person has committed a crime of medium gravity or a criminal misdemeanor for the first time, the court can release him from responsibility. The basis is the recognition that at the time of criminal proceedings, the person is not socially dangerous.
Exceptions are:
- Violation of motor vehicle operation.
- Corruption offences.
- Violation of traffic safety rules.
Aggravating circumstances: being in a state of intoxication (a person is under the influence of alcohol, drugs or under any other influence), which affects the speed of reaction and attention (Article 48 as amended).
Exemption of a minor from criminal responsibility has certain features.
Exemption from crime: types
The process of correction of a person who has been convicted can be too intense. The final goal can be achieved before the end of the term of punishment determined by the court verdict. Serving the punishment in this case loses any meaning and also contradicts the basic principles of humanism and justice. It is on this basis that the lawyer can apply to the court.
Loss of the ability to serve the sentence imposed by the court due to:
- A serious illness.
- Pregnancy.
- Invalidity.
That is why the Law clearly defines not only exemption from criminal punishment, but also changes in its scope:
| Basis | Article |
| The statute of limitations for execution of a conviction | Art.49 |
| Loss of a person of public danger | Art.50 |
| Parole | Art.52,53 |
In addition, the release of a person can be based on acts of pardon and amnesty.
There is a category of so-called “unconditional” types of exemption from liability. We are talking, for example, about mental illness.
Exemption from criminal responsibility = exemption from punishment?
We answer this question right away. Exemption from criminal liability is a concept that is not the same as exemption from punishment. The legal basis for exempting a person from criminal liability is as follows: “the act is criminal at the time of its commission” (Article 285 of the Criminal Code). The law provides for an explanation of the procedure for release from liability to the suspect/accused. Within the framework of criminal legal relations, the person who committed the crime must serve criminal responsibility. One of the subjects of these relations is the state. The state can impose criminal liability on a person or refuse to prosecute if there are grounds.
Such grounds are:
- Active repentance.
- Voluntary refusal to bring criminal actions to an end.
- Sincere remorse.
- The presence of a request for the transfer of a person as a surety.
- Change of situation.
- Special grounds.
More detailed information on exemption from criminal liability is presented in the article.
The court’s decision to release a person from liability is an act that is evidence of the termination of criminal legal relations. From this moment, the person is released from responsibility for the committed act (that is, released from legal responsibility).
Content of the release of a person from criminal responsibility:
- Absence of state condemnation.
- The penalty is not applied.
- There is no conviction.
However, this is not an excuse for a person. Termination of the criminal case in this case occurs for non-rehabilitating reasons for the person.
In any case, in order to be released from liability, it is necessary to enlist the support of professional lawyers. Specialists of our Prykhodko and Partners law office will be able to provide you with highly qualified assistance. We have an effective defense strategy for any criminal proceeding. Our lawyers regulate all their actions in accordance with current Ukrainian legislation.
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