Release from criminal liability due to the expiry of the statute of limitations does not require the consent of the injured party to such release. The position of victims is not decisive when a court has to apply the provisions of Art. 49 of the CC

The institution of release from criminal liability due to the expiry of the statute of limitations does not require the consent of the injured party for such release. In cases where the application of the provisions of Article 49 of the Criminal Code of Ukraine is mandatory for the court, the position of the victims in the criminal proceedings is not decisive.

In this criminal proceeding, the courts of previous instances, pursuant to Article 49 of the Criminal Code of Ukraine, released the person convicted under Part 1 of Article 175 of the Criminal Code of Ukraine from criminal liability due to the expiry of the statute of limitations. In the cassation appeal, the prosecutor argued that the decision to release the accused from criminal liability was taken without ascertaining the views of the victims regarding the possibility of such release.

Upholding the decisions of the lower courts unchanged, the Supreme Court pointed out that a systematic analysis of the provisions of the Criminal Procedure Code and the Criminal Code of Ukraine shows that the institution of release from criminal liability provided for in Article 49 of the Criminal Code of Ukraine does not link such release to the consent of the injured party. In the present case, the application of the provisions of Article 49 of the Criminal Code of Ukraine is mandatory for the court, and therefore the position of the victims in these criminal proceedings is not decisive.

The case file shows that, according to the delivery receipts for SMS messages available in the materials, the victims were sent summonses to appear in court. Statements from all victims were received at the address of the local court, attached to the case file, in which they expressed their position that the preparatory court hearing and the trial should be conducted in their absence.

Resolution of the Criminal Cassation Court of the Supreme Court dated 14 January 2026 in case No 454/3997/24 (proceedings No 51-3649км25) – https://reyestr.court.gov.ua/Review/133421599.

This and other legal positions of the Supreme Court can be found in the Database of Legal Positions of the Supreme Court - https://lpd.court.gov.ua.