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Lobanova L.V. Evolution of the Release From Criminal Liability Institute and the Presuption of Innocence

Lyubov V. Lobanova
Doctor of Juridical Sciences, Professor, Head of Department of Criminal Law
Volgograd State University
Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation,  This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction. The paper studies the problem of legitimacy of norms, regulating release from criminal liability and determining a procedural form of implementation of such release. Purpose of this investigation is to check out the norms regulating release from criminal liability as well as enshrining a procedural form of such release in the context of compliance with the principle of presumption of innocence. The investigation is intended to establish if it is necessary to keep that institute in the current legislation. Methods. The study is a multimethod research. The knowledge of different branches of legal science is used during the investigation. ResultsIt is shown that release from criminal liability is a constantly developing legal institute. It is proved that it is predetermined by the importance of this measure of criminal-legal nature for the solution of problems enshrined in clause 2 of the Criminal Code of the Russian Federation. The opinions of scientists, who suppose that the institute of release from criminal liability and rules designed to regulate its procedural form conflict with the principle of presumption of innocence, are analyzed. It has been found that the essence of release from criminal liability is deliverance of the person committed a crime from conviction for the commission of a crime. It is proved thereupon that the person can’t be immune from criminal liability under sentence. The explanation for why a person doesn’t plead guilty to a crime in case of the termination of criminal case (prosecution) on not rehabilitating grounds is offered. Conclusion. It is concluded that procedural rules, determining the order of release from criminal liability, fully conform to clause 49 of the Constitution of the Russian Federation. A conclusion is also made that there is a need to keep the institute corresponding with these rules. Field of application. The study is recommended for scientists and practitioners.

Key words: release from criminal liability, positive post-criminal behavior, presumption of innocence, termination of criminal case (prosecution) on not rehabilitating grounds, conviction for the offence.

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