RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of December 23, 2005 No. 1

About practice of application by courts of Ukraine legislations on release of person from criminal liability

Having discussed practice of release of persons from criminal liability and closing of criminal cases on not rehabilitating circumstances, for the purpose of ensuring the correct and identical application by courts of the penal and criminal procedure legislation by hearing of cases of the corresponding category Plenum of the Supreme Court of Ukraine DECIDES:

1. Explain to courts that release from criminal liability is refusal of the state of application concerning person who committed crime, the restrictions of certain rights and freedoms established by the law by closing of criminal case which performs court in the cases provided by the Criminal code of Ukraine (further - UK), according to the procedure, established by the Code of penal procedure of Ukraine (further - the Code of Criminal Procedure).

Closing of criminal case with release from criminal liability is possible only in case of committing by person of socially dangerous act containing actus reus, provided by UK and in the presence of the legal basis determined in the law which exhaustive list is provided in p.1 Art. 44 of UK, namely: in the cases provided by this Code and also based on the law of Ukraine on amnesty or the act of pardon.

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