Subject of Dispute: Exemption from Criminal Liability of Investigator PERSON_8 Due to Expiration of Statute of Limitations for Charges of Illegal Detention of Activists During 2014 Events.
The court clearly determined that when exempting a person from criminal liability under Article 49 of the Criminal Code (expiration of statute of limitations), there is no need to establish the fact of a criminal offense committed by the person. The main conditions are: expiration of terms, absence of new crimes, and non-evasion from investigation.
Main Court Arguments:
1. Criminal offenses occurred on January 23-24, 2014, with the indictment drafted only on August 07, 2023, i.e., after 9 years.
2. Statute of limitations has expired, therefore the court is obligated to exempt the person from criminal liability.
3. PERSON_8 agreed to exemption, so the court made the corresponding decision.
Court Decision: Maintain the exemption of PERSON_8 from criminal liability and attribute expert examination costs to the state.
