ACTIVE REPENTANCE: LEGAL NATURE AND CRIMINAL LAW CHARACTERISTICS

Author(s): Badalyants E.Yu., Maltseva S.N.

Rubric: Relevant aspects of criminal law, criminal proceedings and criminalistics

DOI: 10.21777/2587-9472-2022-2-30-36

Release: 2022-2 (32)

Pages: 30-36

Keywords: criminal legislation, exemption from criminal liability, active repentance, compensation for damages, admission of guilt

Annotation: The article describes the features of exemption from criminal liability due to the active repentance. The relevance of the topic of the article is predetermined by the significance of the institution of exemption from criminal liability in the general mechanism of the implementation of criminal policy, which is based on the principles of justice and humanism. The humanistic foundations of modern criminal policy presuppose the existence of mechanisms for the exemption of guilty persons from criminal liability, but the Russian criminal policy – the existence of alternative measures to bring to justice, including exemption from it, among other things, on the basis of active repentance. The purpose of the article is to identify legislative gaps and problems in the implementation of norms regulating exemption from criminal liability due to active repentance. As a result of the study, proposals were formulated to improve the norms of the Criminal Code of the Russian Federation regulating the grounds for exemption from criminal liability due to active repentance. It is proposed to systematize the norms allowing the application of Part 2 of Article 75 of the Criminal Code of the Russian Federation, but Part 2 of Article 75 of the Criminal Code of the Russian Federation should be supplemented with an indication of mandatory exemption from criminal liability and a list of articles of the Special Part of the Criminal Code containing relevant notes.

Bibliography: Badalyants E.Yu., Maltseva S.N. ACTIVE REPENTANCE: LEGAL NATURE AND CRIMINAL LAW CHARACTERISTICS // Journal of Legal Sciences. – 2022. – № 2 (32). – С. 30-36. doi: 10.21777/2587-9472-2022-2-30-36