The order of exemption from criminal responsibility in connection with lapse of time

Our office often ask individuals who are wanted in Ukraine, but in fact are in other countries. They can simply disappear or have to be detained by law enforcement agencies of foreign States.

Such people can escape from investigation and trial for a long period of time and to think that the case against them must be closed due to the end of the period of limitation for bringing to criminal liability.

However, this process is not simple and things are not automatically terminated.

A person is exempt from criminal liability if from the day of the crime Commission up until the day the sentence comes into legal force has expired following dates:

1) two years in the Commission of a minor offense, punishable less stringent than the limitation of freedom;

2) three years in the Commission of a minor offence punishable in the form of restriction or deprivation of liberty;

3) five years for the crime of average gravity;

4) ten years if the Commission of a serious offence;

5) fifteen years if the felony.

The course of the period of limitation is suspended when the person who committed the crime, evaded investigation or trial. In these cases the period of limitation shall be renewed from the day of the appearance of a person's confession or his detention. In this case, the person is exempt from criminal liability, if from the time of the crime fifteen years.

Exemption from criminal liability for committing a criminal offence by the court.

That is, even if 15 years have passed, the suspect (accused) must appear before the inquest and then the court, as it is the basis of the dismissal is not rehabilitating and requires compliance with formalities.

Setting pre-trial investigation of the grounds for exemption from criminal responsibility and consent of the suspect to such a release, the public Prosecutor shall request exemption from criminal responsibility and without conducting preliminary investigation in full volume sends it to the court.

Before sending the petition to the court, the Prosecutor is obliged to familiarize them with the victim and find out his opinion on a possible release of a suspect from criminal liability.

The petition of the Prosecutor for exemption from criminal responsibility shall include:

1) name of criminal proceedings and its registration number;

2) personal information of the suspect (surname, name, patronymic, date and place of birth, place of residence, nationality);

3) surname, name, patronymic and position of the Prosecutor;

4) details of the factual circumstances of the criminal offence and its legal qualification, specifying the article (part of article) of law of Ukraine on criminal liability and the formulation of the suspicion;

5) the amount of damage caused by a criminal offence, and information about his compensation;

6) evidence confirming the fact of committing by a person of a criminal offense;

7) the existence of circumstances showing that the person is released from criminal responsibility, and corresponding legal basis;

8) information on acquaintance with the victim's request and his opinion regarding the possible release of a suspect from criminal liability;

9) date and place of drawing up of the petition.

To the Prosecutor's request must be accompanied by the written consent of the person to be exempted from criminal liability.

Consideration of the petition of the public Prosecutor is carried out in the presence of the parties in criminal proceedings of the victim and the General procedure prescribed by this Code, with the peculiarities established by this article.

The court must ascertain the views of the victim about the possibility of release of the suspect or accused from criminal liability.

The court in its decision closes the criminal proceedings and exempt the suspect or accused from criminal liability in case of establishment of the grounds provided by the law of Ukraine on criminal liability.

In the case of a finding by the court unfounded applications for release of persons from criminal liability, the court in its ruling denying the motion and returns the petition to the Prosecutor for the exercise of criminal proceedings in the General order or continuing the proceedings in the General order, if such an application is received after referral of the indictment to the court.

Court decision on closing of criminal proceedings and releasing a person from criminal liability may be appealed against in an appeal order.