Body of bygone days. As killer legally avoid punishment
In the Omsk region by chance solved a murder twenty years ago. About the crime one would never have known if the resident of the village of Luzino came up with the idea to plant potatoes. Homeland is the garden, he came across a suspicious hard object, which later turned out to be a human skull. His partner admitted that the remains buried in the garden, owned by her former husband, slain in 1997. The man immediately reported the find to the police. However, the killer may escape punishment because of Statute of limitations crimes.
The portal iz.ru found out as the murderer of a legitimate way to avoid retribution.
Crime without punishment
With an unusual legal challenge faced justice in the Omsk region — is a corpse, there is the alleged killer, but is unlikely to be the punishment for culprits.
As reported in the regional office on may 23 on the plot in the rural village of Luzino Moskalenskaya district was discovered skeletonized human remains. Upon murder criminal case is brought, and, according to article 103 of the criminal code of the RSFSR in force at the time of the crime, as prescribed by procedural law.
The remains of a man found by a local resident at the site of his civil wife, when planted potatoes. It soon became clear that the bones belong to his predecessor, that is, the former roommate of the mistress of a household. 60-year-old woman said she had killed her faithful during a quarrel — was axed to death. After the murder, she dismembered the corpse and buried in the beds.
To avoid criminal liability, the villager told the neighbours and relatives that her man went North for the big money.
A criminal case on the fact of murder in the late 90s for this reason, not excited, do not know the fate and the investigation of the case, which was supposed to start upon loss of connection with family.
In this situation, the alleged murderer, even if her guilt will install, will be exempted from criminal punishment.
In accordance with article 24 of the code of criminal procedure, a criminal case cannot be instituted, and the excited matter shall be terminated in connection with the expiration of the limitation period. As a General rule, for a premeditated murder without aggravating (refers to a category of serious crimes) such period is 15 years.
The investigation to be
And yet, the criminal case was initiated — as the characterization of an act, which gave the investigator the actions of women from pre-Luzia.
“Criminal proceedings in this case are instituted in order to verify all the facts, because the legal assessment often depends on how we know the details of the crime itself. A criminal case in such cases, in fact, not against the person, appointed all kinds of expertise, the degree of guilt of suspects. Then the decision of a judge,” said iz.ru associate Professor, criminal law Department, Higher school of Economics Arthur Engelhardt.
Simply put, during the investigation can uncover facts that will affect the qualification of the actions of the women. For example, it is established that she was an accomplice or be able to prove that roommate scored it for selfish motives… In this case, its actions fall under article 102 UK RSFSR (a premeditated murder under aggravating circumstances), and for this crime was death penalty. In such a situation, the woman may appoint a time and even take into custody during the investigation.
However to prove the aggravating circumstances and the very guilty man in crime of bygone days sometimes very difficult.Got off lightly
Domestic crime Chronicles many examples of when killers go unpunished. And we are not talking about cases where investigation failed to solve the crime.