- Publisher: Международные Отношения
- Year of issue: 2020
- Series: VAS
- ISBN: 978-5-7133-1659-4
- Cover type: твердый переплет 170 х 240 мм.
- Number of pages: 888
- Product Code:: 0935
- Availability:: In Stock
Application of the statute of limitations when filing for a criminal case or other cases
Does applying the statute of limitations and determining its starting date depend on the rights of the claimant being infringed by an action that incurs criminal liability, and by filing a criminal case to protect those rights, or after the conclusion of the latter, or does it not depend on a criminal case being opened? Are there any requirements as to the form and content of civil claims being put forward in criminal proceedings? At what point can it be said that civil claims have been brought during criminal proceedings and correspondingly, have halted the limitation period? Is the timeframe of the statute of limitations taken into account in the enforcement of an attachment order during the criminal case and on returning physical evidence? What consequences does terminating a criminal case have on the duration period of the statute of limitations?
This monograph fully analyzes the academic outlook and approaches that exist in legal practice (mainly using examples of economic crimes). It formulates the authors’ views and answers on the abovementioned questions and other questions connected to the application of the statute of limitations depending on whether a criminal case or another case is being filed for.
The authors have concluded that one of the motives for the mass initiation of criminal cases as a way to resolve economic conflicts is the widespread practice of moving the start date of the statute of limitations to a later date or not applying it when initiating a criminal case. This allows for the expectation of meeting even clearly time-barred claims. The authors also substantiate the unlawfulness of this practice, by showing the opposite practice as an example. The book is aimed at judges, lawyers and specialists in procedural law. It may be of interest to teachers and law students, and can be used as a textbook.
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