The Supreme Court clarified the difference between a continuing crime and a continuing crime
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This can be confusing at times
The Supreme Court of Russia indicated signs of ongoing and continuing crimes. Also, the highest court clarified when what is considered the beginning and end of both types of violations of the law.
Such clarification is necessary for judges to correctly qualify the crime, calculate the statute of limitations for criminal prosecution, resolve issues of exemption from criminal liability or impose a fair punishment.
Despite the apparent identity in the names, these are different crimes. For example, an ongoing crime is the posting of pornographic, extremist or other prohibited information online. It begins at the moment when the information appears on the Internet, and ends when the information is removed from the Internet, regardless of whether the criminal does this of his own free will or by a court decision. Other examples of ongoing crimes are illegal possession of weapons, non-payment of wages, evasion of military duty. In the latter case, the crime begins from the moment the draft dodger does not arrive at the recruiting station, and stops either when he begins service or when he reaches the non-conscription age.
A continuing crime is, for example, giving a bribe in several stages, gradually selling stolen goods, legalizing property acquired by criminal means, etc. These are stages of the same crime; it is incorrect to consider it several crimes. The beginning should be considered the commission of the first of the acts, the end – the commission of the last.
In both cases, after the adoption of a new law, liability for its violation does not arise if the crime was completed before it came into force. Moreover, if after the law came into force, the crime continued, responsibility for it occurs, even if it began before the adoption of the law.
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