Peculiarities of the application of the provision on the release of a person from criminal liability in connection with the expiration of the statute of limitations

17.01.2022

Peculiarities of the application of the provision on the release of a person from criminal liability in connection with the expiration of the statute of limitations

According to the content of Clause 1, Part 2, Art. 284, Part 3 of Art. 285, parts 1, 4 of Art. 286, Part 3 of Art. 288 of the Criminal Procedure Code of Ukraine, the courts of the first and appellate instances have the duty to explain to the person who is brought to criminal responsibility, that at the time of the trial or appellate review, the statute of limitations for bringing this person to criminal responsibility has expired, which is the legal basis provided for in Art. . 49 of the Criminal Code of Ukraine, to release a person from criminal liability in accordance with the procedure provided for by the Criminal Code of Ukraine, and such release is the basis for closing criminal proceedings on the basis of clause 1, part 2 of Article 284 of the Criminal Code of Ukraine, as well as the right to object to the closing of criminal proceedings on this basis and the consequences of such an objection.

Non-explanation by the court of the first or appellate instance in accordance with the requirements of Art. 285 of the Criminal Code of Ukraine of the specified circumstances is a violation of the requirements of the criminal procedural law, which caused the incorrect application of the law of Ukraine on criminal liability, namely, the non-application of the law that was subject to application.
A person is subject to exemption from criminal liability on the basis of Art. 49 of the Criminal Code of Ukraine in the court of cassation in accordance with Art. 440 of the Criminal Procedure Code of Ukraine under the following conditions:
  • on the day of the review of the criminal proceedings by the court of appeal, i.e. before the verdict of the court of first instance enters into force, the statute of limitations for bringing such a person to criminal responsibility for the committed criminal offense has expired;
  • this person did not submit to the appellate court the appropriate request for exemption from criminal liability, and the appellate court did not clarify in accordance with the provisions of Art. 285 of the Criminal Procedure Code of Ukraine to the person of the specified grounds for exemption from criminal liability and did not clarify her opinion regarding agreement or disagreement with such exemption;
  • such a person, under the specified circumstances, expressed his consent in the court of cassation to release him from criminal liability on the basis of Art. 49 of the Criminal Code of Ukraine in connection with the expiration of the statute of limitations.
This conclusion was made by the joint chamber of the Criminal Court of Cassation as part of the Supreme Court, after considering the cassation appeal of the defender of the convicted person against the verdict of the local court and the decision of the appellate courts. According to the court decisions, the person was convicted for violating the rules of road traffic safety while driving a car, which caused the victim a moderate injury (Part 1 of Article 286 of the Criminal Code of Ukraine). The court sentenced her to a fine in the amount of 300 non-taxable minimum incomes of citizens (5.1 thousand hryvnias) with deprivation of the right to drive vehicles for a period of one year.
OP KKS SC partially satisfied the cassation appeal of the defendant's lawyer: canceled court decisions against the person, exempted him from criminal responsibility for the commission of a criminal offense provided for in Part 1 of Art. 286 of the Criminal Code of Ukraine, on the basis of clause 2, part 1 of Article 49 of the Criminal Code of Ukraine in connection with the expiration of the statute of limitations, and the criminal proceedings were closed on the basis of paragraph 1, part 2 of Article 284 of the CPC of Ukraine.
Decision of the OP of the Supreme Court of Justice of Ukraine in case No. 521/8873/18 (proceedings No. 51-413kmo21) – https://reyestr.court.gov.ua/Review/101829954 .
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