Circumstances that exclude legal liability, or How to escape punishment
There are cases when the knowledge of their rights beforestate law enforcement agencies are mandatory. In this article, we will consider circumstances that exclude legal liability, as well as criminal and administrative liability.
The meaning of legal liability: violation of the norms determined by the state, and subsequent enforcement of the requirements of law (according to legislative acts on the situation), the application of certain sanctions to the violating offender on the part of the competent authorities. In this case, under the notion of sanction, compensation for forfeits and losses caused to another person, as well as criminal (in the form of deprivation of liberty) or administrative responsibility (disciplinary punishment, etc.) is supposed to be compensated. Any offense (including administrative and criminal) in this case entails an accusation and subsequent determination of the circumstances of the case, an investigation. At this stage, circumstances are determined that exclude legal liability. This can be: the insanity of the offender, his uncontrolled state, mental illnesses (schizophrenia, dissociative personality disorder, various types of hallucinations: auditory or visual). In this case, the subject is placed in the hospital, which is not an attraction to legal liability. In addition, the legislation of the Russian Federation defines a number of circumstances that, when the case is thoroughly examined, releases the person from liability. Namely: self-defense; extreme necessity; a violation performed under the physical / mental impact of third parties; actions taken to detain a particular perpetrator; actions performed under the order or at the disposal of third parties.
Circumstances that exclude criminal liability
Under criminal liability is understoodapplication of more stringent criminal law measures to the offender, which are prescribed by law. In this case, the sane person who carried out the crime is punished in accordance with the measures provided for in the Code of Criminal Procedure. In this case, circumstances that exclude legal liability, are a broader list than criminal ones. This includes: the actions of a person performed for self-defense, as well as the actions of a person performed in case of emergency. In the first case, the situation of the accused at the time of the crime is taken into account: was this self-defense from violence or the threat of violence. At the same time, law enforcement bodies are considering whether the actions of self-defense have been exceeded. In the second case, law enforcement agencies determine how hopeless the situation was, that is, whether the threat to life was a greater evil than the forced acts of emergency carried out by the accused person.
Circumstances that exclude administrative liability
To the list of subjects exempted fromappropriate punishment include minor offenders, as well as insane persons (psychological, mental disorders). In addition, in this case, too, the reasons for which a person can be released from responsibility are highlighted. Namely: the need to implement violations, as well as the actions committed for self-defense. However, it should be noted that circumstances that exclude legal liability (as well as criminal and administrative liability) are carefully considered by law enforcement agencies. And if you are trying to just "get out" of the situation, you are wasting time. Moreover - deception will be regarded as an aggravating circumstance.