What is criminal liability?
In law there are two types of law - administrative and criminal. Distinguish their elements of crime and the amount of punishment. Criminal law originated a long time ago, in ancient Rome. A crime is a bad deed that harms the health, life, property of a person. And this is how modern science defines what criminal responsibility is: it is a system of measures that the state applies to citizens who have committed a crime. These measures express the negative attitude of society towards the criminal who caused physical, moral or property damage to another person. He must be punished to prevent the repetition of such actions.
Criminal responsibility of minors occurs in different countries in different ways. For example, in the USA it is 16 years old, in France at 13 years old, in the Federal Republic of Germany at 14 years old, in Finland at 15 years old. But in England and Ireland there are some types of crimes for which children from 10 years can be held criminally liable! In the Russian Federation, the Criminal Code refers to the minimum agein which a juvenile prosecution may occur. It is 16 years old. But there are in Russia a number of crimes for which they are punished, starting from 14 years. This is physical violence, murder, intentional infliction of grievous bodily harm, rape. So from the age of 14, adolescents are judged without discounts on young age for theft, robbery, robbery, extortion, car theft, theft of weapons, theft of drugs. It is even impossible to imagine that adolescents may participate in a terrorist act, vandalism, kidnapping, hostage taking. But the age of criminal responsibility for these crimes is also 14 years. And here are the more popular crimes - the false report of a terrorist attack, hooliganism and aggravated theft, the disruption of vehicles or various types of means of communication.
Exemption from criminal liability
In different countries there are different reasons for exemption, partial or complete. The first reason is active repentance. If the perpetrator of the crime actively helps the investigation, seeks to atone for the blame and corrects the consequences, then the state also goes to meet him.Thus, it emphasizes the benefits of sincere repentance, one might even say, advocates the right behavior. Secondly, the state saves on the activities of the judiciary and the maintenance of the prisoner during the entire sentence. This is also the case because the active repentance by the judicial systems of many countries is equated with the rejection of a crime.
Reconciliation with the victim is also a reason for exemption from liability or reduction of the term of punishment. It is not so easy to reconcile and reach certain agreements with the victim. Therefore, if reconciliation has taken place, it is considered that the guilty person has realized the full gravity of the consequences of the committed and deserves leniency. This happens if the basis of criminal responsibility is small. But reconciliation is not taken into account in particularly serious crimes. Perhaps a serious relief in punishment or complete exemption from criminal liability, if: the degree of danger of the committed is small, the crime is committed for the first time, the offender fully admitted his guilt, compensated the damage to the victim, mitigated the harmful consequences of the crime.
And the third reason for release from liability is the expiration of the statute of limitations.For each type of crime the statute of limitations is different. What happens to a criminal if after committing illegal actions many years have passed? Of course, it will change. In which direction, better or worse, it does not matter. The criminal code only considers expiration. There are crimes that are not considered in a month, but there are those that do not forgive 10 or more years.
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