Lobanova L.V., Mkrtchyan S.M. Practical Issues of Release From Criminal Liability on Grounds of Positive Post-Criminal Behavior of the Persons Who Comitted the Lending Fraud
DOI: https://doi.org/10.15688/jvolsu5.2016.3.23
Lyubov Valentinovna Lobanova
Doctor of Juridical Sciences, Professor, Head of Department of Criminal Law,
Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Sona Martirosovna Mkrtchyan
Postgraduate Student, Department of Criminal Law,
Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The article analyzes the practice of application by courts of clause 75 of the Criminal Code of the Russian Federation to the persons who committed the crime under clause 1591 of the Criminal Code of the Russian Federation. Typical judicial mistakes in the process of release from criminal liability on the grounds of active repentance of the fraud in lending perpetrators are examined. As a result, proposals on correction of this practice are formulated.
In the article it has been noted that the named ground of release from criminal liability should be unusable for the perpetrator, in perception of which the fundamental change concerning the offence didn’t occur. The necessity of taking into account the dishonest borrower’s personality (including his “credit history” and attitude toward other contractual commitments) for providing the propriety of application of clause 75 of the Criminal Code of the Russian Federation to the fraud in lending perpetrators is stressed. Consequently the attention is given to erroneousness of ascertainment of the facts of the surrender or assistance in the detection (investigation) of crime only on the basis of the admission of guilt by the defendant/ the suspect or the confessionary statements.
Key words: active repentance, surrender, assistance in the detection (investigation) of crime, fraud in lending, positive post-criminal behavior.
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