Анотація

Criminal proceeding of persons who have committed a crime is a form of implementation of criminal policy of country. Thereby law enforcement authorities protect legal rights of victims, other participants of criminal proceedings or society in general. But sometimes it’s better not to punish but to reeducate such offenders. For these purposes Criminal Code of Ukraine provides possibility of releasing the person from criminal liability. But before prosecutor could draft a motion on releasing the person from criminal liability, he must establish some circumstances, which are provided in Criminal Code of Ukraine. Without establishing such circumstances pre-trial investigation will be incomplete, and court can’t render legal and reasonable decision.

At this article author notices different amount of circumstances that must be proven in different cases, including gravity of crime, assistance in the exposure of a crime, compensation for the damage person inflicted or other restitution for the damage caused as a result of the crime, reconciliation person who has committed a crime with the victim, expiration of statutes limitation on actions, probation and etc. Also author analyzes proves aimed at establishing such circumstances and shows some examples of them in the article.

It is concluded that in the preparation of the application for exemption from criminal responsibility of the authorized person, depending on the grounds specified in the relevant part of the Criminal Code of Ukraine shall establish the severity of the crime, the fact of having done the first time or negligently, and prove sincere repentance, active facilitate the investigation of criminal offenses, the fact of damages, offenses changing circumstances. Only a complete investigation of the circumstances warrants making legal and reasonable solution that fully ensure the rights, freedoms and legal interests of participants of criminal proceedings.

Keywords: relief of a person from criminal liability, motion on releasing the person from criminal liability, proof, circumstances.