Page 244 - 6421
P. 244
This type of responsibility includes the following stages: 1) the
prosecution of a specified person in the commission of a particular
crime or offense; 2) investigation of the circumstances of the case on
the offense; 3) adoption of a decision on the application or non-
application of sanctions, the choice within its limits of a specific
measure of punishment or enforcement; 4) execution of a penalty or
punishment imposed on an offender; 5) the peculiar consequence of
the application of a penalty, punitive sanction is the "state of
punishment" (conviction – in criminal law, the existence of a penalty –
in labour law and in administrative law), which entails some
restrictions and more severe responsibility for relapse.
Punitive liability includes criminal, administrative and
disciplinary liability.
Criminal liability is used for crimes and includes the most
severe coercive measures. The procedure for its implementation is
regulated in the most detail and is determined by criminal, criminally-
procedural and criminal-executive legislation. A number of criminal
liability principles are enshrined in international treaties and
constitutional law. Involving a certain person in a criminal charge as
an accused usually preceded the prosecution of a criminal offense, the
collection and investigation of evidence relating to this case. From the
moment of prosecution, the accused has the right to protection.
Criminal and procedural law defines the rights and duties of the
accused, the suspect and other participants in the process, as well as
the powers of officials and state bodies responsible for proceeding of
the case, the procedure for collecting and investigating evidence, the
use of coercive measures if necessary (preventive measures, searches,
seizures).
The decisive stage of criminal responsibility is the consideration
of the case in a court session. No one can be found guilty of
committing a crime, nor is punished otherwise than by a court order in
accordance with the law. Everyone convicted of a criminal offense has
the right to review the sentence by a higher court in the manner
prescribed by law, as well as the right to request pardon or mitigation
of punishment. The fixed punishment to the guilty is carried out
according to the norms of criminal and criminal-executive legislation.
The relationship of criminal responsibility ends with the execution of
the sentence imposed on the convicted person.
244