Page 241 - 6421
P. 241
people. Therefore, one of the serious problems is the mandatory and
timely registration of information about the offense, the prosecution of
criminal cases on the basis of each crime.
Timeliness of liability means the possibility of bringing the
offender to responsibility within the limitation period, that is, a period
of time not too remote from the fact of the offense. For administrative
and disciplinary offenses this term is defined in several months; for
criminal offenses, the limitation period is much greater: from one year
to 10-15 years, depending on the gravity of the crime and the
circumstances of the case. An appeal is also restricted to the
enforcement of sentence (three to ten years) or an order about
imposing an administrative penalty (three months). Property liability
is carried out within the limitation period.
In the implementation of responsibility, the following principles
of law and morality are taken into account, such as suitability and
humanism. Each principle means that the person who committed the
offense and found guilty may be completely or partially exempted
from the application and implementation of the sanction if the
offender voluntarily compensated for the damage or eliminated the
harm done, showed sincere repentance, proved his/her reformation
and thus the appointment of a penalty or punishment ti him/her or the
further serving of the intended measure is inappropriate. From the
motives of humanity, the liability relationship can be discontinued in
the case of a serious illness of the offender, misfortune in his/her
family, etc.
The principle of humanism is also taken into account in the
implementation of the law restorative responsibility. But if the state
and its organs have the right to pardon the offender, softening his/her
punishment or completely liberating from it on the grounds specified
in the law, then where the rights of private or legal persons are
violated, and it is a question of their restoration, the right to refuse
from responsibility is assigned to those whose rights are restored. At
the request of the person brought to justice, in the presence of valid
reasons, it is possible by the decision of the court or other law
enforcement authorities to change the order of execution,
postponement of payments, reduction of payments.
241