Skripchenko N.Yu. Exemption from Criminal Liability in Connection with Imposing a Court Fine: the Legislative Regulation and Practice of Application

DOI: https://doi.org/10.15688/lc.jvolsu.2018.2.21

Nina Yu. Skripchenko, Doctor of Sciences (Jurisprudence), Associate Professor, Department of Criminal Law and Procedure, M.V. Lomonosov Northern (Arctic) Federal University, Severnoy Dviny Emb., 17, 163002 Arkhangelsk, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: in an effort to create the conditions for compensation of damages, procedural economy and positive changes in the social structure of the society, in 2016 the legislator supplemented the criminal code with a new type of exemption from criminal liability in connection with imposing a court fine (Art. 762). The purpose is to analyze the norms regulating a new type of exemption from criminal liability (Art. 762, 1044, 1045 of the Criminal Code) and generalize the practice of their application. The methods used are the general scientific (analysis and synthesis, dialectics) and specific scientific (system-structural, formal-legal). Results: the legal analysis showed that the legislator, having fixed the conditions for the application of article 762 of the Criminal Code, did not specify the grounds, did not establish a minimum amount of a court fine and the rules of imposingit in the aggregate of crimes. The study of the judicial practice testifies to the lack of the uniform application of article 762 of the Criminal Code in cases of crimes that infringe priority, or exclusively on public relations. The practice of termination of criminal prosecution with imposing a court fine in cases, whose actual circumstances indicate the possibility of implementing less burdensome for the defendant grounds for exemption from criminal liability, iscritically evaluated. Conclusions: it is proposed: to supplement article 762 of the Criminal Code with a provision reflecting the grounds for exemption from criminal liability (a set of data indicating that for the correction of the accused it is sufficient and necessary to impose a court fine); to set a minimum amount of a court fine, as well as the rules for imposing it to persons who committed several crimes. Scope of application: it is recommended for researchers and practitioners.

Key words: exemption from criminal liability, alternative measure of criminal character, court fine, compensation of damage, positive post-criminal behavior.

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