The document discusses various grounds for exemption from criminal liability in Ukraine according to the Criminal Code. It is characterized by three points: 1) there is no public condemnation of the person who committed the crime, 2) the offender does not face punishment, and 3) the person is considered to have no criminal record due to the lack of conviction. The document outlines types of exemption including due to confession, reconciliation with the victim, transfer on bail, changed circumstances, lapse of time, and amnesty or pardon. It provides details on the conditions and processes for each type of exemption from criminal liability.

1. Completed 3 rd year student
1 group specials. 6508/1
Lyashuk Vadim S.

2. 1) there is no
public
condemnation of
the person who
committed the
crime (not guilty
verdict decreed);
2) does not
apply to the
offender
punishment;
3) due to lack
conviction
exempt from
criminal liability
shall be
considered as
having no
criminal record.
characterized by three points :

3. Grounds for dismissal
a person has committed a crime for the first time a small or
moderate
person is not a great danger to society and can be fixed without
the use of punishment
take into account the person's behavior after the crime
crimes under Articles of the Criminal Code, which specified the
grounds and conditions for exemption from criminal liability
(eg ch. 2, Art. 111, etc.)

4. TYPES exemption from criminal liability
in connection with effective confession (Art. 45)
due to reconciliation of the offender and the victim (Art. 46)
in respect of a person on bail (art. 47)
due to changing circumstances (Art. 48)
due to the lapse of time (Art. 49)
due to amnesty or pardon (Articles 86, 87)
Special grounds for dismissal, provided for in the articles of the Criminal
Code (see. Ch. 2, Art. 111, Part 2 of Art. 114, p. 3 of Art. 175, p. 4 Art. 212, p.
2, Art. 225, h . 5, Art. 258, p. 6 Art. 260, p. 3 of Art. 263, p. 4 Art. 289, p. 4
Art. 307, p. 4 Art. 309, p. 4 Art. 311, p. 3 Art. 369

5. Classification provided for in the Criminal
cases excluding criminal responsibility
Оptional (discretionary)
(transfer on bail, a
change of scenery)
Unconditional
(the person is released from
liability completely and
irrevocably)
Required (mandatory)
(confession of guilt,
reconciliation with the
victim)
Conventions
(Eg. Under the condition
that during the year it will
justify the trust of the team)

6. Depending on which basis a legal act performed
exemption from criminal liability:
In cases envisaged
by the Criminal
Code
a general part in Special Section
On the basis of the
Law of Ukraine on
amnesty
Based on the
Decree of the
President of
Ukraine for
clemency

7. Art. 45 of the Criminal Code states: "A person
who first committed a minor offense shall be
exempt from criminal liability if it is after the crime
sincerely repent, actively contributed to the
detection of crime and fully indemnified her job
losses or damage removed."

8. Exemption from criminal liability in connection with effective
confession (Art. 45)
Grounds for dismissal
the crime
first
the crime of
small
gravity
person
sincerely
repented
person
actively
contributed
detection
of crime
indemnified
person caused
it loss or
damage
eliminated

9. When committing a crime for the first
time in centuries. 45 of the Criminal
Code meant that the person had not
committed any offense under the
Special Part of the Criminal Code,
which in practice shows the lack of:

10. Sincere repentance means that a
person acknowledges his guilt on
all items charge against them, gives
truthful testimony sincerely regrets
the perfect negatively assesses
crime sympathizes with the victim
has shown a willingness to incur
punishment.

11. During active
assistance in detecting a
crime should understand the
actions the perpetrator, are
intended to assist the inquiry,
pre-trial and trial to establish
the truth, clarifying the
factual circumstances which
are essential for the crime.

13. Art. 46 of the Criminal Code provides: "A
person who first committed a minor offense shall
be exempt from criminal liability if she reconciled
with the victim and compensated the damage
caused by it or eliminate the damage."

14. CONDITIONS OF RELEASE
a person has committed a minor offense
the crime first
the crime first...
offender reconciliation with the victim

15. RECONCILIATION
This agreement is the
perpetrator and the victim,
the result of which is a
voluntary agreement last
release from her abuser
criminally liable

16. Art. 47 of the Criminal Code provides: "1) A person
who first committed a crime of minor or moderate severity
and sincerely repent, be exempt from criminal responsibility
of sending it to bail the team enterprise, institution or
organization at their request, provided that it is within one
year of the day transfer it to bail justify the trust the team,
not shy of educational measures and not violate public
order.
2) In case of breach of probation transmission person
subject to criminal liability for the crime committed it "

17. Exemption from criminal liability in connection
with the transfer of persons on bail (art. 47)
Exemption in respect of a person on bail - a special type of
exemption from criminal liability, in which it fixes entrusted
public organization or labor collective
The release on bail of the transfer is carried out by the court.
This prosecutor, investigator, with the consent of the
prosecutor, takes a reasoned decision, which is sent to the
court. Application century. 47 is a right, not a duty of the court

18. Where the person who committed the first crime of
minor or moderate, it can also Buti exempt from criminal
liability if it is recognized that the investigation or the trial
due to changes in the situation it committed the act has
lost its social danger, or is no longer socially dangerous
(Art. 48 of the Criminal Code).

19. Loss socially dangerous act
nature - it is completely or
loss of public danger, or
loss of the extent in which
the act because of its
maloznachnosti (Part 2 of
Art. 11 of the Criminal
Code) recognizes non-
criminal.

20. Art. 49 of the Criminal Code establishes
deadlines old holding a person criminally
responsible for the earlier crime. The end of
these terms is the basis of mandatory and
unconditional exemption from criminal liability.

21. INTERRUPTION OF LIMITATION
in the case of re-committing crimes of limitation periods
begin again and calculated independently for each offense
the application of limitation to the person who has committed
a particularly serious crime for which can be assigned life
imprisonment by the court. The penalty may not be imposed
for more than fifteen years
course of limitation is interrupted if before the expiration
specified in paragraphs 1, 2 tbsp. 79 terms a person has
committed a new crime of medium gravity, grave or
especially grave crime

22. Suspension of limitation periods
progress ago stopped if the person has committed a crime,
evaded the investigation or trial. In these cases, the course
of day-old restored appearing person with admission or
detention
a person exempt from criminal liability if since the crime
took fifteen years

23. Thank you!