Chapter IX. Discharge from criminal liability

Article 44. Legal grounds and procedure for discharge from criminal liability

1. A person, who committed a criminal offense, shall be discharged from criminal liability in cases prescribed by this Code, and also on the grounds of the Law of Ukraine of amnesty or an act of pardon.

2. The discharge from criminal liability in cases prescribed by this Code shall be exercised exclusively by court. The procedure of discharge from criminal liability in shall be established by law.

Article 45. Discharge from criminal liability in view of effective repentance

A person who has committed a minor criminal offense or medium grave reckless offense for the first time shall be discharged from criminal liability if, upon committing that offense, he/she sincerely repented, actively facilitates the detection of the offense, and fully compensates the losses or repairs the damage inflicted. (Article 45 as amended by Law No 270-VI (270-17) of 15.04.2008)

Article 46. Discharge from criminal liability in view of reconciliation of the offender and the victim

A person who has committed a minor criminal offense or medium grave reckless offense for the first time shall be exempt from criminal liability if he/she reconciled with the victim and compensated the losses or repaired the damage inflicted. (Article 46 as amended by Law No 270-VI (270-17) of 15.04.2008)

Article 47. Discharge from criminal liability in view of admission by bail

1. A person, who has committed a minor criminal offense or an offense of medium gravity for the first time and sincerely repented, may be discharged from criminal liability for admission by bail on request of the collective body of an enterprise, institution or organization on condition that such person, within one year of his/her admission by bail, will not fail the trust of the collective body, avoid measures of correctional nature or break public peace.

2. If conditions of the admission by bail are not satisfied, the person shall be subject to criminal liability for the offense committed.

Article 48. Discharge from criminal liability due to a change of situation

A person who has committed a minor criminal offense or an offense of medium gravity for the first time may be discharged from criminal liability if it is found that at the time of investigation or trial, due to a change of situation, the act committed by that person has lost its socially dangerous nature or that person has ceased to be dangerous to the public.

Article 49. Discharge from criminal liability due to limitation period

1. A person shall be discharged from criminal liability if the following periods have elapsed from the date of the criminal offense to the effective date of the judgment:

1) two years where a minor offense has been committed and the prescribed punishment is less severe than the restraint of liberty;

2) three years where a minor offense has been committed and the prescribed punishment is the restraint of liberty or imprisonment;

3) five years where an offense of medium gravity has been committed;

4) ten years where a grave offense has been committed;

5) fifteen years where a special grave offense has been committed.

2. The statute of limitations shall be saved where a person who committed a criminal offense evaded investigation or trial. In such cases the running of the statute of limitations is resumed as of the date of the person's surrender or apprehension. In this case the person shall be discharged from liability if fifteen years elapsed after the commission of the offense.

3. The statute of limitation shall be forfeited where a person, before the terms specified in paragraphs 1 and 2 of this Article have expired, commits another medium grave, grave or special grave offense. In this case a limitation period starts on the date on which such new crime is committed. Each offense gives rise to its own period of limitation.

4. Where a person has committed a special grave offense punishable by life imprisonment, the issue of limitation shall be decided by a court. Where a court rules out the possibility to apply a period of limitation, a sentence of life may not be imposed and is commuted to an imprisonment for a determinate term.

5. The statute of limitation shall not apply where any crime against the peace and humanity, as provided for in Articles 437 through 439, and paragraph 1 of Article 442 of this Code.