Exemption from criminal responsibility in connection with the transfer of the person on bail

The person who first committed a crime of light or average gravity and sincerely repents, can be exempted from criminal liability with transfer him on bail to the staff of the enterprise, institution or organization upon their request, provided that it is for a year from the date of bail will justify the confidence of the team will not shy away from events of an educational nature and will not violate the public order.

In case of violation of conditions of bail, the person is subject to criminal liability for his offence.

Exemption from criminal responsibility in connection with the transfer of the person on bail can take place when all of these conditions: 1) the person has committed a crime for the first time; 2) the act is a crime of light or medium gravity; 3) the person who committed the crime sincerely repented; 4) the staff of the enterprise, institution or organization has applied for the bail of such person; 5) the person who committed the crime has no objection to the closing of the criminal case on this is not rehabilitating grounds.

The law allows you to exempt the person from criminal responsibility in connection with the transfer him on bail only upon the request of the enterprise, institution or organization. In its content this application include: 1) a reasoned request of the relevant staff to exempt from criminal liability a person who has committed a crime, and send him on bail; 2) the obligation of the team to carry out activities of educational character, aimed at preventing the Commission by a person who has been admitted to bail, new offenses. The treatment of staff with referral of persons on parole is regulated by the criminal procedure legislation.

Cannot be released from criminal responsibility and handed over on bail a person who pleads not guilty or for other reasons, insists on consideration of the case in court. In such cases, the criminal proceedings occurs in the usual manner.

In contrast to liberation from criminal responsibility provided for in articles 45, 46, 49, the exemption from criminal liability is not mandatory: the application of article 47 is a right, not an obligation of the court. The application of article 47 is justified only when the court comes to the conclusion about that. The correction of the specific person who committed a crime is possible without the actual use concerning it measures of criminal – legal repression. Exemption from criminal responsibility in connection with the transfer of the person on bail is conditional. A person is exempt from liability on the basis of article 47 provided for a year from the date of its transfer on bail: to justify the confidence of the team, not to shy away from events of an educational nature and not to violate public order. Finally, the impossibility of holding a person criminally responsible for the crime only occurs after expiration of the surety team in one year.

Violations of public order, which is the basis of cancellation of the decision on exemption from criminal responsibility in connection with the transfer of the person on bail is acknowledged in particular the Commission by such person of the administrative offences which encroach on public order, public security and the established order of management (small hooliganism, drinking of alcoholic beverages in public places and appearing in public while intoxicated, willful disobedience of a lawful order of a police officer, etc.). Breach of conditions of bail from the persons released from criminal liability, a deviation from the activities of an educational nature may consist in the violation of labor discipline, the established rules of coexistence at work, home and family, ignoring events of an educational nature, in releasing to this end with work. Cannot be considered as a deviation from education leaving the face of the team place of work or study for valid reasons (due to illness, family circumstances, in connection with changes of residence, etc.).

In case of violation of conditions of bail, the person involved in criminal responsibility for his crime. The procedure for recovery of criminal prosecution in case of failure of the collective enterprise, institution or organization of the surety is governed by the criminal procedure legislation.

Termination of criminal proceedings in connection with the transfer of the person on bail does not exempt him from the obligation to compensate material damage caused to the state, public interests or citizens.

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