Some problems of exemption from criminal responsibility in connection with lapse of time

2019 ◽  
pp. 96-104
Author(s):  
Тамара Геннадьевна Черненко
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Material Composition ◽  
Criminal Prosecution ◽  
The Social ◽  
Limitation Periods ◽  
Special Limitation

В статье анализируются дискуссионные положения об основании существования института давности привлечения к уголовной ответственности, приводятся аргументы в пользу вывода о том, что основание института давности заключается в отпадении либо ослаблении общественной опасности лица, совершившего преступление. Рассматриваются вопросы о начале исчисления срока давности применительно к преступлениям с материальным составом, длящимся, продолжаемым, преступлениям, а также преступлениям, совершаемым в соучастии. Поддерживается научная позиция относительно необходимости восстановления правила о прерывании течения срока давности привлечения к уголовной ответственности в случае совершения виновным лицом нового преступления. Обосновывается вывод о необходимости введения специальных давностных сроков для лиц, уклоняющихся от следствия или суда либо уплаты судебного штрафа, предлагается для указанных лиц предусмотреть увеличение наполовину сроков давности, предусмотренных в части первой статьи 78 УК РФ. The article analyzes the controversial provisions on the basis of the existence of the institution of prescription of criminal prosecution, arguments in favor of the conclusion that the basis of the institution of prescription is to drop or weaken the social danger of the person who committed the crime. The questions of the beginning of the calculation of the Statute of limitations in relation to crimes with material composition, continuing, crimes, as well as crimes committed in complicity are considered. The scientific position on the need to restore the rule on the interruption of the Statute of limitations for criminal prosecution in the case of committing a new crime by the guilty person is supported. The conclusion about necessity of introduction of special limitation periods to persons evading investigation or trial or payment of court fines is proposed for these persons to provide for the increase of half-periods of limitation set out in part one of article 78 of the criminal code.

THEORETICAL AND PRACTICAL ASPECTS OF APPLYING THE PRINCIPLE OF NON BIS IN IDEM IN CRIMINAL PROCEEDINGS RIGHT UKRAINE

2018 ◽  
Author(s):  
Petro Olishchuk ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Judicial Decisions ◽  
European Court

The article analyzes the principle of non bis in idem in the context of the criminal legislation of Ukraine, as well as the identification of cases of violations of this principle by law enforcement bodies during the qualification of criminal offences and during the issue of judicial decisions. It is noted that criminal law is a branch of law that is connected with the establishment of a ban on committing a certain act under the threat of the application by the state of measures of coercion of a criminal nature. The establishment of such a ban and the determination of measures of criminal-legal coercion, as a consequence, for its violation, is potentially related to the restriction of human rights. Obviously, the restriction of these rights cannot be arbitrary and chaotic, but must be subject to certain rules, ideas, which reflect the general development of society. These include the principles of criminal law, in particular the principle of criminal law, enshrined in art. Article 61 of the Constitution of Ukraine states: “No one can be brought to legal responsibility twice for the same type of offence”. According to Article 2 of the Criminal Code of Ukraine, “no one may be brought to criminal responsibility for the same criminal offence more than once”. The article highlights the characteristic features of the investigated principle. It is stated that its role is extremely important for the internal construction of the field of law, as well as the correct normalisation and law enforcement. There are cases of violations of this principle by law enforcement bodies during the qualification of criminal offences and during the issue of judicial decisions, on examples of the practice of the European Court of Human Rights and Ukrainian judicial proceedings. The European Court of Human Rights’s case-law on the application of Article 4 of the Convention is inconsistent and, in some cases, even contradictory. The principle of non bis in idem in the resolution of the question of the inadmissibility of double incrimination ensures the observance of the rights of the person during the implementation of criminal prosecution, as well as ensures the completeness of criminal legal qualification, the individualization of criminal responsibility and punishment.

scholarly journals Purpose of Punishment as Reflection of Its Social Essence

2019 ◽  
Vol 10 (3) ◽  
Author(s):  
Aleksandra Bokovnya
Keyword(s):  
Social Justice ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
The Social ◽  
Legal Nature ◽  
Moral Damage ◽  
The Russian Federation ◽  
Definition Of ◽  
Criminal Legislation ◽  
Legal Character

The article studies the problem of punishment purposes in terms of increasing the importance of social justice and more consistent protection of the rights of victims from criminal acts. It substantiates a model of the hierarchical construction of purposes of criminal punishment based on analysis of the historical laws concerning the purposes of punishment and a comparative study of the legislation of modern states. According to the author, the Criminal Code of the Russian Federation should first outline the purposes of criminal legislation or criminal responsibility, and in terms of it should already specify the purposes of punishment and other measures of a criminal and legal nature. The RF Criminal Code should regulate the purposes of all measures of criminal and legal character. He also considers as reasonable the concrete definition of the content for purposes of restoring the social justice by indicating in the law the fact that punishment and other ways of criminal and legal character contribute to its restoration. The article also substantiates a proposal of regulating the property damage. The article also substantiates a proposal for regulating property damages and moral damage compensations as a different measure of criminal and legal character.

scholarly journals Consequences of failure to pay a court fine

2020 ◽  
Vol 11 (3) ◽  
pp. 639-650
Author(s):  
Nina Yu. Skripchenko ◽  
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Legislative Regulation

The article discusses issues that arose during enforcement of the new grounds for exemption from criminal responsibility, enshrined in 2016, in connection with a court fine (Article 76.2 of the Criminal Code). Despite the criticism of its legislative regulation, demand for a new way of ceasing criminal prosecution began to appear in connection with the non-payment of a fine. Having determined the voluntary execution of a court fine, the legislator did not settle the issue of the further execution of the fine in cases where there are valid reasons for non-payment. After analyzing the existing proposals to solve this problem, the author confirms that the elimination of the gap would be facilitated by the legislative obligation of the bailiff to establish the circumstances by which the judicial penalty is not paid, as well as the addition of the list of decisions made by the bailiff to suspend enforcement proceeding. Analysis of judicial practice showed that Art. 76.2 of the Criminal Code began to be applied in cases where the court has justification for implementing less onerous grounds for the defendant to be exempt from criminal liability. Legislative duplication of the conditions under which criminal prosecution can be terminated for various reasons calls into question the wide alternative of the latter, as well as the embodiment of the idea of humanizing criminal law, which is the basis for securing a new ground for exemption from criminal liability. The article substantiates the proposal to supplement the Resolution of the Plenum of the Supreme Court dated June 27, 2013 with a provision allowing the release of a person from criminal responsibility with a judicial fine in cases where the court has no basis for suspending criminal prosecution for unconditional types of exemption from criminal liability. The author draws attention to the gap in the legislation, part 3 of Article 78 of the Criminal Code, which is related to the renewal of the statute of limitations for criminal liability when an individual avoids paying a court fine.

scholarly journals Criminological characteristics of personality traits that commit retail sale of alcoholic beverages to minors

2020 ◽  
Vol 15 (3) ◽  
pp. 48-53
Author(s):  
Anastasya A. Berndt
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Psychological Characteristics ◽  
Alcoholic Beverages ◽  
Retail Sale ◽  
Level Of Education ◽  
Criminal Offender ◽  
The Social ◽  
New Type ◽  
The Subject

The subject of the research is the criminological characteristics of convicts under art. 151.1 of the Criminal Code. The purpose is studying of analyze a new type of identity of the criminal offender, a feature of that is bringing of criminal responsibility for committing several similar administrative offenses. The study revealed specific socio-demographic characteristics of convicts under Art. 151.1 of the iCriminal Code, which account is necessary for the formation of a system for the prevention of such unlawful behavior. This is low level of education, age 30-49, crimes are committed, as a rule, by women of working specialties. An analysis of the social and role characteristics of convicts allowed to reveal the peculiarity of this crime, which has mainly a female face. This is due to the scope of activities, since women are mainly involved in trade. As a result of studying of moral and psychological characteristics of the convicts' personality, it was concluded that the sphere of commerce is sufficiently criminal, and this largely determines the formation of the criminal motivation of the convicts.

scholarly journals PEMBUANGAN BAYI DALAM PERSPEKTIF PENELANTARAN ANAK

2019 ◽  
Vol 3 (1) ◽  
pp. 23-40
Author(s):  
Airlangga Justitia
Keyword(s):  
Social Order ◽  
Child Protection ◽  
Human Person ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Criminal Sanctions ◽  
Born Child ◽  
The Social

The act of disposing of a newly born child is obviously a criminal offense, since this act does not necessarily reflect the humanism side of the human person. an act which the rule of law is proclaimed as a prohibited act is called a criminal act or it may be referred to as a crime. According to its nature and nature, these criminal acts are unlawful acts. These acts can also harm society, in the sense of contradicting or impeding the implementation of the social order of society that is considered good and fair. There are 3 (three) legal instruments that contain criminal sanctions against the perpetrators of the crime of infant / child disposal namely the Criminal Code, Law No. 23 of 2004 on the Elimination of Domestic Violence, and Law No. 35 of 2014 on Child Protection. However, newly born child abusers are still not eliminated, and one of the factors is the lack of conviction of criminal prosecution.

scholarly journals PEMBUANGAN BAYI DALAM PERSPEKTIF PENELANTARAN ANAK

2018 ◽  
Vol 3 (1) ◽  
pp. 23-40
Author(s):  
Airlangga Justitia
Keyword(s):  
Social Order ◽  
Child Protection ◽  
Human Person ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Criminal Sanctions ◽  
Born Child ◽  
The Social

The act of disposing of a newly born child is obviously a criminal offense, since this act does not necessarily reflect the humanism side of the human person. an act which the rule of law is proclaimed as a prohibited act is called a criminal act or it may be referred to as a crime. According to its nature and nature, these criminal acts are unlawful acts. These acts can also harm society, in the sense of contradicting or impeding the implementation of the social order of society that is considered good and fair. There are 3 (three) legal instruments that contain criminal sanctions against the perpetrators of the crime of infant / child disposal namely the Criminal Code, Law No. 23 of 2004 on the Elimination of Domestic Violence, and Law No. 35 of 2014 on Child Protection. However, newly born child abusers are still not eliminated, and one of the factors is the lack of conviction of criminal prosecution.

scholarly journals Problems of the Criminal Prosecution of Persons Who Committed Actions Constitution Implication in a Crime

2021 ◽  
Vol 15 (3) ◽  
pp. 352-360
Author(s):  
Larisa Gotchina ◽  
Marina Dvorzhitskaya
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Criminal Cases ◽  
The Supreme Court ◽  
Judicial Investigation ◽  
Minimum Age ◽  
The Russian Federation

The paper discusses highly latent actions constituting implication in a crime. The goal of this study is to identify the problems of criminally prosecuting persons who committed actions constituting implication in a crime, to qualify them and to develop recommendations for their elimination. Formal legal and comparative legal methods were used to obtain and process results relevant for the research, the statistical method was used to collect and analyze data on the examined crimes, and the sociolo­gical one — to conduct a survey of experts. An analysis of criminal cases made it possible to state that the problem of criminally prosecuting persons who committed actions constituting implication in a crime is connected with the problems of their qualification, and with widening the institute of implication through failure to report a crime; this action is included in the Criminal Code of the Russian Federation in connection with the topical issues of terrorism threat, a growing number of terrorist crimes and the necessity to protect the society from them. The authors believe that it is reasonable to recognize 16 years old as the minimum age of criminal responsibility for failure to report a crime. It is proven that the criminal character of implication in a crime could be based not only on the guilty verdict for the main case, but also on other procedural acts. It is concluded that implication in a socially dangerous act is possible for a person who does not possess the attribute of a subject of a crime due to his/her mental incompetence, and is also possible for a crime committed in complicity. It is stated that concealment of a crime is constituted by actions to conceal the event of the main crime, its traces, the objects obtained through criminal means, or the person who committed the main crime. It can be committed not only through physical, but also through intellectual actions. The authors suggest differentiating between criminal liability for the concealment of grave and especially grave crimes. The analysis of judicial investigation practice made it possible to identify typical models of qualifying actions constituting implication in a crime, as well as psychological, moral, criminological and criminal law features of a person who conceals a crime or fails to report it. Based on the authors’ position, a formulation of the decree of the Plenary Session of the Supreme Court of the Russian Federation «On some issues of implication in a crime» is suggested.

COMPETITION OF CRIMINAL LAW PROVISIONS, WHICH FORESEE CERTAIN TYPES OF EXEMPTION FROM CRIMINAL RESPONSBILITY

2020 ◽  
Vol 10 (4) ◽  
pp. 73-79
Author(s):  
Vira Navrotska ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
The Public ◽  
Legal Literature ◽  
Special Part

Proper delineation of different types of exemption from criminal liability, the solution of competition between the legal norms foreseen such exemption are important in practice. However, law enforcers, within closing criminal proceedings (termination of criminal prosecution) and releasing from criminal liability, do not even think about the existence of such competition and about the need to choose a legal norm that is more advantageous for the accused. Sometimes the competition of criminal law norms in legal literature is reduced only to the competition of these rules within the qualification of an act prohibited by the Criminal Code of Ukraine. This article is devoted to the analysis of credibility of this statement, possibility of competition within the procedure of releasing from criminal liability, as well as to the mode of action under such competition. The impossibility of competition between certain types of exemption from criminal responsibility has been criticized. It is noted that it�s impossible to give universal recommendations for determining the most �profitable� norm on the basis of which the exemption from criminal responsibility is permissible. However, the following conditions have to be taken into consideration: 1) whether the possibility of bringing a person to criminal responsibility in the future will remain; 2) whether it is obligatory for the court to make a decision on exemption from criminal responsibility; 3) which offences and persons who committed them the norm is settled for; 4) what (more or less strict) conditions for exemption from criminal responsibility are settled, when other conditions are equal. It is proved that the differentiation mechanism of types of exemption from criminal responsibility after effective repentance and after reconciliation with the victim should be as follows: if there is a victim (in the procedural sense) the proceedings should not be closed under Art. 45 of the Criminal Code of Ukraine. There is a special institution - the closure of criminal proceedings after reconciliation of the perpetrator with the victim (Article 46 of the Criminal Code of Ukraine) for exemption from criminal responsibility in such cases. The exemption from criminal responsibility after effective repentance is expedient to apply if the encroachment harms the public interest. It is substantiated that a special rule, regarding one fixed in Article 45 of the Criminal Code of Ukraine, is foreseen by Part 4 of Article 311 of this Code - because it foresees the conditions of exemption from criminal responsibility of a person who has committed a specific criminal offense. The unambiguity and categoricalness of the statement, under which in Article 45 of the Criminal Code of Ukraine is not foreseen a general type of exemption from criminal responsibility regarding the special ones foreseen by the Special Part, is criticized; it is proved that at least one such exception exists;

scholarly journals VICTIMS OF EXTRAJUDICIAL REPRESSION AND SUBJECTS OF CRIMINAL RESPONSIBILITY FOR COUNTERREVOLUTIONARY CRIMES IN THE TERRITORY OF UKRAINE (1918–1922 AD)

2019 ◽  
pp. 14-17
Author(s):  
Honchar D. S.
Keyword(s):  
Social Status ◽  
French Revolution ◽  
Criminal Law ◽  
Statistical Data ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
State Security ◽  
The Social ◽  
Normative Basis ◽  
Criminal Legislation

The article examines the relation between the Bolshevik political doctrine and the activity of the extraordinary commissions in theUkrainian SSR in 1918-1922. The forms and methods of combating counterrevolutionary crimes are shown. The mechanism of implementation of the “red terror” policy in the context of the struggle with counterrevolution was explored. The legal basis for the work of extraordinary commissions on repression is analyzed. Compared the legalization of responsibility forcounter-revolutionary crimes and the practice of its application. The article analyzes the class affiliation, the social status of victims ofextrajudicial repressions by extraordinary commissions. Compares the experience of the Jacobin terror during the French Revolution and the Bolshevik “red terror” policy. The author presentsstatistical data on the number of victims of repression, their social status, class membership both during the Jacobin dictatorshipin France and during the implementation of the “red terror” policy in Ukraine. The author mentions information from archival sources about the activities of extraordinary commissions and their repression. The normative basis of the policy of “red terror”, a special legislation that was active in this field is explored. The author in the articlepresents assessments of the activities of the Bolshevik bodies of state security in Ukraine from the side of real eyewitnesses, participantsin those events, party figures, and publicists of those times. The provisions of secret documents that aimed at manually managing the policy of “red terror” were set forth. The author presentsa series of statistical data on the performance of state security bodies in Ukraine. The genesis of the development of criminal-law policyin the field of struggle with counterrevolutionary crimes was explored. The article analyzes the provisions of the Criminal Code of the USSR in 1922, which concern the establishment of criminal responsibilityfor counter-revolutionary crimes. Significant differences of the current criminal law in the field of crimes against the nationalsecurity of Ukraine and the Bolshevik criminal legislation regarding the fight against state crimes were revealed.

CRIMINAL RESPONSIBILITY FOR LEGALIZATION OF CRIMINAL INCOME: TO THE QUESTION OF THE SUBJECT OF CRIMINAL INFRINGEMENT

2020 ◽  
Vol 1 (3) ◽  
pp. 102-107
Author(s):  
Yu. S. ZHARIKOV ◽  
◽  
MAHIR BAYRAM OGLU AHMEDOV ◽  
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Subject

The article focuses on the characteristics of the subject of crimes under Art. 174.1 of the Criminal Code. Based on the analysis of applicable international, domestic and foreign legislation, as well as materials of judicial practice, the author determines the essential features of property acquired by a person as a result of a crime.

Sign in / Sign up

Export Citation Format

Share Document