Article 66. Exemption from Criminal Liability in Case of Exceeding the Limits of Necessary Self-Defence

A person, who exceeded the limits of necessary self-defence as a consequence of fear, fright, or confusion, which were caused by impingement dangerous to society, may be exempted by a court from criminal liability subject to circumstances of a given case.

Article 67. Release from Criminal Liability in Connection with the Reconciliation with the Victim

1. A person who committed a crime of a lesser gravity or who committed a medium gravity crime for the first time, which is not related to causation of death or grievous harm to an individual's health, shall be subject to release from criminal liability, if that person reconciled himself with the victim and made good for the harm caused.

2. A person who committed a medium gravity crime, may be conditionally released from the criminal liability if he reconciled himself with the victim and made good for the harm caused to the victim.

Article 68. Exemption from Criminal Liability in Relation to a Change in a Given Situation

1. A person, who committed an act containing elements of a crime, may be exempted by a court from criminal liability, it is recognised that, by the time of consideration of a given case by a court, the act committed by him ceased to present danger to the society as a consequence of a change in a given situation.

2. A person having committed for the first time a crime of a lesser or medium gravity may be exempt by a court from criminal liability, if it is established that, by virtue of subsequent irreproachable behaviour, that person by the time of consideration of a given case by a court, may not be recognised as presenting a danger to society.

Article 69. Exemption from Criminal Liability in Relation to the Expiration of a Statutory Limitation Period

1. A person shall be exempt from criminal liability if from the day of the commission of a crime, the following periods have expired:

a) two years from the commission of a crime of a lesser gravity;

b) five years from the commission of a crime of a medium gravity;

c) ten years from the commission of a grave crime;

d) fifteen years from the commission of an especially grave crime.

2. Limitation periods shall be calculated from the day of the commission of a given crime and until the moment of the entering of a court's judgment into legal force.

3. The running of the limitation periods shall be suspended if a person, having committed a crime, evades criminal investigation or arraignment by a court. In this respect, the statute of limitation period shall be resumed from the moment of detention of a given person or his pleading guilty to the police. In this respect, a person may be held criminally liable if twenty five years expired from the time of the commission of a crime, and if the limitation period was not interrupted.

4. The running of the statutory limitation period shall be interrupted if, prior to the expiration of the periods indicated in the first part of this Article, a person, having committed a grave or especially grave crime, commits a new deliberate crime. In such cases calculation of the statute of limitation period shall start anew from the day of the commission of that new crime. In other cases, if, prior to the expiration of a limitation period, a person commits a crime again, a limitation period with regard to each crime shall run independently.

5. A question on the application of a limitation period with regard to a person having committed a crime for which, under the present Code, capital punishment may be sentenced, shall be resolved by a court. If a court does not consider it possible to exempt a person from criminal liability due to the expiration of a limitation period, then capital punishment may not be sentenced. In this case a court shall sentence a criminal to deprivation of freedom for a period of up to twenty five years, or to a life-time deprivation of freedom.

6. The statute of limitation period shall not apply to persons who committed crimes against the peace and safety of humanity.

Date: 2014-12-21; view: 1012