Bukalerova, L.A. Shelmenkova, Y.U. On the issue on exemption from criminal responsibility due to expiry of the limitation period.

Abstract: At the first thought, the definition of exemption from criminal responsibility and its elements due to expiry of limitation period poses no topical issues, however, the problems in the legal practice require thorough analysis, which is provided in this article. The author makes a conclusion, that the limitation periods differ from typical sanctions for some types of crimes, and it should be abolished by establishing new limitation periods in Art. 78 of the Criminal Code of the Russian Federation. The author considers that the basis for exemption from criminal responsibility due to expiry of the limitation period is the inexpediency of application of criminal punishment to a person, who has committed a crime, due to the loss of considerable lowering of its public danger, and complicated character of procedural guarantees of the evidential basis. The authors consider, that it is necessary to provide for the discontinuation of a limitation period for the criminal responsibility, when a person commits an new intentional crime within the limitation period, since it proves the growing public danger from a person, and contradicts the concept of the legal institution of exemption from criminal responsibility due to loss or considerable lowering of the public danger providing for his possible rehabilitation without the need to apply criminal responsibility. The article includes analysis of practical problems arising out of situation of exemption of criminal responsibility due to termination of limitation period.

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