Criminal liability

Criminal liability is understood as the duty established by law to punish individuals in the event of a crime committed by them. This responsibility consists of many different kinds of elements. It includes:

• Duty of persons to answer for all crimes committed;
• Condemnation, which is expressed in a negative assessment of what the person has done;
• The application to the offender of various kinds of measures that are of a criminal-legal nature;
• A conviction that is a consequence of the appointment of punishment (conviction does not always follow criminal liability).

Criminal responsibility arises at the very moment when a person commits a crime. It is realized from the moment when the measures of criminal coercion begin to apply to the person. After the expiration of the criminal record, the criminal liability will be terminated. In the event that a penalty was not imposed, this liability will cease on the very day when the court's verdict comes into effect .

Criminal responsibility for the commission of crimes is closely connected with punishment. However, immediately notice that it is not reducible to it. Punishment is just one form in which criminal responsibility can be realized. A person can be condemned without a punishment. The court's decision can be connected not with punishment, but with compulsory treatment. In other words, the concept of "criminal responsibility" is much broader than the concept of "punishment". It is also worth noting that, unlike the exemption from this responsibility, exemption from any punishment can be not only complete, but also partial.

There are certain differences in criminal responsibility from its other types:

• Its only basis can be only a criminal act, which contains absolutely all the signs of a crime;
• Its procedure and it is itself established only by law;
• It can only be imposed by the court. All other bodies, as well as officials, do not have the right to impose it under any circumstances;
• It is always strictly personal. Applicable only to individuals physical;
• It can lead to a criminal record.

Under the exemption from this type of responsibility is understood the release of persons committing a particular crime from the compulsory need to be subjected to judicial conviction in the form of an assessment of the committed acts. In this case, the procedural form will be the act of the competent authority, which refers to the termination of the case (if it has already been instituted) or to refuse to initiate (in the event that it has not yet been instituted).

Exemption from this liability is applicable only to those persons who actually committed crimes. The circumstances that exclude the crime of the act, it does not apply.

One should not confuse liberation from responsibility with rehabilitation or justification of a person - the law somehow proceeds from the fact that the crime was committed to them all the same.

Exemption from this type of liability can occur because of:

• Reconciliation of the perpetrator and the victim (this is most often the case when the offender in some way compensates for the damage);
• Amnesty (that is, a special act, which is the legal basis for liberation);
• Active repentance;
• Expiration of the limitation period.

The conditions can be the following:

• The person committed the crime for the first time;
• There was a turnout;
• Socially dangerous act can be attributed to crimes of medium or small severity.

The criminal responsibility of servicemen is one of the most severe types of criminal responsibility.