“Perpetual Justice” or “Punishment by Duration”: The Expiration of Limitation Periods in the Context of the Right to Trial Within a Reasonable Time

The author examines the grounds for exemption from criminal liability in connection with the expiration of the statute of limitations for criminal prosecution, depending on the stage of criminal proceedings (pre-investigation, preliminary investigation and trial). The existence of actually three stages of criminal proceedings is highlighted, and the difference in termination procedures in this regard from criminal liability. The article notes that exemption from criminal liability in connection with the expiration of the statute of limitations, depending on the stage of criminal proceedings, generates various legal consequences for persons brought to criminal responsibility, thus creating legal uncertainty for these persons. Measures are proposed to systematize criminal procedure legislation in order to achieve certainty of the legal status of persons brought to criminal responsibility, in respect of whom the statute of limitations for criminal liability has expired.