Improvement of legal norms of the criminal law regulating release from criminal responsibility due to active repentance, reconciliation of the parties and appointment of a measure of a criminal legal nature in the form of a judicial fine

Бесплатный доступ

Introduction: the article deals with areas of concern of release of persons from criminal liability in connection with active repentance, reconciliation with a victim, and the imposition of a judicial fine. It is noted that current design rules provided for in Articles 75, 76 and 76.2 of the Criminal Code, promotes rapid growth in the number of criminal cases terminated by the bodies of internal affairs on the grounds referred to in 25, 25.1, 28 Criminal Procedure Code of the Russian Federation, including in respect of persons who repeatedly commit socially dangerous acts. Materials and Methods: the research materials were the norms of the Code of Criminal Procedure of the Russian Federation, the Criminal Code of the Russian Federation, other legal acts, statistical data, judicial practice and scientific literature. The authors used logical, statistical, system-structural, and formal-legal methods. Results: the necessity of amendments to Articles 75, 76 and 76.2 of the Criminal Code to exclude the re-release from criminal responsibility in connection with active repentance, reconciliation with the victims, the court appointed a judicial fine of perpetrators of deliberate socially dangerous acts, and implementation of prevention of socially dangerous behavior of these entities...

Еще

Non-rehabilitating grounds for exemption from criminal liability, active remorse, reconciliation of the parties, and a court fine

Короткий адрес: https://sciup.org/142223679

IDR: 142223679   |   DOI: 10.37973/KUI.2020.93.67.017

Статья научная