Who can be exempted from criminal liability?
Rubrics: SCIENCE FORUM
Authors:
1.
Academy of the FPS of Russia
Type:
Article
Pages:
from 199
to 204
Status:
Published
Received:
26.02.2023
Accepted:
11.04.2023
Published:
18.09.2023
Subject area:
VAC 5.1.4 Уголовно-правовые науки
UDK 343.222.1 Вина. Преступный умысел. Наказуемый умысел
UDK 343.222.1 Вина. Преступный умысел. Наказуемый умысел
Language:
Russian
Keywords:
exemption from criminal liability, suspect, accused, the principle of presumption of innocence
Abstract (English):
The article analyzes the explanations by the Plenum of the Supreme Court of the Russian Federation of certain provisions of legislation regulating the grounds and procedure for exemption from criminal liability. In the light of the procedural principle of the presumption of innocence, legislative terms for naming persons exempted from criminal liability and the question of the correlation of concepts denoted by these terms are investigated. Examples from modern judicial practice are given. A proposal is formulated to improve the criminal law.
The article analyzes the explanations by the Plenum of the Supreme Court of the Russian Federation of certain provisions of legislation regulating the grounds and procedure for exemption from criminal liability. In the light of the procedural principle of the presumption of innocence, legislative terms for naming persons exempted from criminal liability and the question of the correlation of concepts denoted by these terms are investigated. Examples from modern judicial practice are given. A proposal is formulated to improve the criminal law.
Keywords:
exemption from criminal liability, suspect, accused, the principle of presumption of innocence
exemption from criminal liability, suspect, accused, the principle of presumption of innocence
1. 1. Habarova, E. A. 2004, Termination of criminal cases on non-rehabilitating grounds: the system of grounds and guarantees of the rights of participants in the process: PhD thesis (Law)
2. 2. Trubnikova, T. V. 2018, ‘The principle of presumption of innocence and termination of a criminal case/prosecution with the imposition of a court fine’, in O. I. Andreeva, T. V. Trubnikova (eds), Legal problems of strengthening Russian statehood: collection of articles, vol. 79, pp. 167-181, Publishing House of Tomsk State University, Tomsk.
3. 3. Golovko, L. V. 2002, Alternatives to Criminal Prosecution in Modern Law: Monograph, Law Center Press, Moscow.
