Open AccessThe exemption from criminal liability in view of admission by bail: theory and practice
Author(s) -
Olena Yushchyk
Publication year - 1970
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.4.2019.63
Subject(s) - liability , criminal liability , law , institution , strict liability , criminal law , public defender , business , political science , criminology , sociology , criminal justice
The article investigates the grounds and conditions of application of exemption from criminal liability in connection with the transfer of a person on bail. It is established that the specified type of release allows the person who has committed a crime under certain grounds and conditions not to incur criminal responsibility, and to admit the guilt and to be corrected within labor collective and to show that it is capable to live in society as worthy its member and not to break norms of the law. Further release of a person from criminal liability in connection with the transfer of her bail depends on her behavior during the probationary period. A person must inspire the trust of the labor collective, not to evade educational measures and not to violate public order. Accordingly, the positive flow of the probation period depends on the court or will decide on the final exemption from criminal liability from the committed crime.
To the grounds which authorize the application of article 47 of the criminal code of Ukraine and the ability to release a person from criminal liability with bail include: the person has committed a crime for the first time; the act is a crime of small or average gravity; the person who committed the crime sincerely repented; the collective of enterprise, institution or organization has applied for the bail of the person; the person who committed the crime has no objection to the closing of the criminal rim according to non-rehabilitating grounds.
Exemption from criminal liability in connection with the transfer of a person on bail occupies a special place among other types of this institution. The peculiarity is that this type of exemption has a conditional nature of application. Therefore, for further exemption from criminal liability, a person must show his way of correction within a certain period of time by showing confidence in the labor collective, not by evading educational measures and not by violating public order. It is in this way that a person can show himself as a positive and negative side, which will be the basis for the subsequent release of his criminal responsibility for the committed socially dangerous act.