Criminal Law Measures
The procedure, types and limits of procedural actions related to the implementation of criminal law measures, as well as the grounds for their application, are carried out in accordance with the requirements of the law. These rules should apply equally to individuals and legal entities.
The basis for applying criminal law measures to execute sentences for convicted persons is a court decision, as well as acts of amnesty or pardon.
Under article 41 of the Criminal Code, punishment is a criminal law measure imposed by a court sentence. The punishment applies to a person found guilty of a crime and consists of creating the deprivations or restrictions of the rights and freedoms of that person established by the Criminal Code.
As can be seen from the content of the article, the punished person is subject to a number of restrictions. In addition to being sentenced to restriction of liberty, which is the most severe form of punishment, a person loses freedom, which is the highest blessing.
It should be noted that the imposition of punishment does not end with the punishment of a person, but creates certain restrictions for him in the future. Thus, the imposition of punishment is a legal consequence. The convicted person loses the right to occupy a certain position in the future and faces a number of difficulties in public life.
Criminal measures applied to legal entities
Criminal legal measures are applied to a legal entity for crimes committed by the following individuals in favor of this legal entity or in defense of its interests, an official authorized to represent a legal entity, an official authorized to make decisions on behalf of a legal entity, an official authorized to control activities legal entity.
According to article 99 of the Criminal Code, criminal legal measures against a legal entity cannot be applied if a person who has committed a crime in favor of a legal entity or in defense of his interests is exempted from criminal liability due to the expiration of the limitation period in the manner prescribed by article 75 of the Code.
If the legal entity is reorganized before the court makes a decision in connection with the appointment of a criminal legal measure, then criminal legal measures are assigned to the legal successor of the legal entity. From the moment a court makes a decision in connection with the appointment of a criminal law measure and until it is fully executed or canceled, the reorganization of a legal entity or its liquidation is prohibited by a decision of the founders (participants) or a body authorized by the charter of the legal entity.
Criminal measures applied to legal entities:
- Special confiscation;
- Deprivation of a legal entity the right to engage in certain activities;
- Liquidation of a legal entity;
- Special confiscation
According to article 99 of the Criminal Code, when establishing the type and extent of the criminal law measure applicable to a legal entity, the following circumstances are taken into account:
- The nature and degree of public danger of the crime;
- The amount of benefit received by the legal entity as a result of the crime, or the nature and degree of ensuring its interests;
- The number of crimes and the severity (of) their consequences;
- Assistance in solving a crime, exposing its participants, tracing and finding property obtained as a result of a crime;
- Voluntary compensation or elimination of material and moral harm caused as a result of a crime, other measures taken by a legal entity to reduce the harm caused to the injured person;
- Circumstances characterizing a legal entity, including the application of previously criminal law measures against it, or engaging in charity or other socially useful activities
Legal services related to the application of criminal law measures
When applying criminal law measures, such services as protecting client rights in judicial, investigative and other state bodies, disputes related to illegal fines imposed on individuals and legal entities, are provided to our clients on the highest level.