Publication date: 06.03.2024
The legislative body of power in Ukraine has granted the court the authority to absolve a person from criminal liability for committing a criminal offense, provided there are clearly defined legal grounds.
1. Absolution from criminal liability due to genuine remorse or reconciliation with the victim.
A person who commits a criminal offense for the first time or a minor non-serious offense may be absolved from criminal liability upon sincere remorse or reconciliation with the victim, active cooperation in disclosing the criminal offense, and full compensation for the damage caused or the removal of the harm inflicted.
2. Absolution from criminal liability due to bail.
A person who commits a criminal offense for the first time or a minor offense and sincerely repents may be absolved from criminal liability by being placed on bail to the collective of an enterprise, institution, or organization upon their request.
3. Absolution from criminal liability due to changed circumstances.
If it is found that during criminal prosecution, due to changed circumstances, the act committed by the person has lost its societal danger, or the person is no longer a societal threat, the court may absolve them from criminal liability for committing a criminal offense or a non-serious offense.
However, you cannot expect absolution from criminal liability for committing an act that, although falling into the aforementioned categories of offenses, constitutes a corruption-related criminal offense or is related to corruption, violation of road traffic safety rules, or operation of vehicles by individuals under the influence of alcohol, drugs, or other intoxicants or while under the influence of drugs that impair attention and reaction speed.
4. Absolution from criminal liability due to statute of limitations expiration.
The court may absolve a person from criminal liability for committing any criminal offense (except for crimes against the foundations of Ukraine's national security, torture, crimes against peace and security of mankind) due to expiration of the statute of limitations.
The court absolves a person from criminal liability regardless of whether reconciliation with the victim, compensation for damages, sincere remorse, etc., have occurred if the following periods have elapsed from the commission of the criminal offense by them until the day the verdict becomes final:
1) Two years - in the case of committing a criminal offense punishable by a punishment less severe than imprisonment;
2) Three years - in the case of committing a criminal offense punishable by imprisonment, or in the case of committing a minor offense punishable by imprisonment for up to two years;
3) Five years - in the case of committing a non-serious offense;
4) Ten years - in the case of committing a serious offense;
5) Fifteen years - in the case of committing an especially serious offense.
It is worth noting that in the event of absolution from criminal liability in the mentioned cases, the person is considered not to have a criminal record. However, a criminal record has legal significance in the event of committing a new criminal offense.
The court absolves only the person who committed the crime from criminal liability.
The person is not required to admit guilt.
The person must give consent to be absolved from criminal liability.
Both the prosecutor and the person's lawyer may bring the issue of absolving the person from criminal liability before the court, both during pre-trial investigation and during court proceedings.
For the purpose of legal analysis of the situation and making timely decisions regarding defense tactics and strategy, seek professional legal assistance.
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