Сибирский федеральный университет

Тип публикации: статья из журнала

Год издания: 2021

Идентификатор DOI: 10.17150/2500-4255.2021.15(6)

Ключевые слова: criminal offense, termination of criminal prosecution on nonrehabilitating grounds, other measures of a criminal-legal nature, termination of criminal prosecution on grounds of expediency, presumption of innocence, principle of justice

Аннотация: The second attempt of the Supreme Court of the Russian Federation to introduce the concept of a criminal offence into Russian criminal and criminal procedure legislation widens the non-rehabilitating grounds for the termination of a criminal case or prosecution with the imposition of other criminal law measures: it is suggested that, in addition to a court fine, community work and partially paid work should also be introduced. This leads to certain problems, including problems with the presumption of innocence and the observance of the principle of justice. The authors turn to the German experience for a better understanding of the situation. Germany faced similar problems much earlier, when 153. was introduced in the Criminal Procedure Code of the Federal Republic of Germany (CPC of the FRG); it provided for an opportunity to terminate criminal prosecution for criminal offences on the grounds of expediency with the imposition of duties and regulations on the accused, which are akin to criminal law measures under draft law. 1112019-7. Taking into consideration the theoretical approaches developed in Germany, the practice of the Constitutional Court of the FRG and the Supreme Court of the FRG, the authors examine the goals of introducing 153. in the CPC of the FRG, the practice of its implementation, as well as the problem of terminating criminal prosecution on the grounds of expediency with the imposition of duties and regulations on the accused connected with the observance of the Constitution of the FRG, the presumption of innocence, the principles of justice, certainty, equality before law; they analyze the controversial legal nature of duties and regulations under 153. in the CPC of the FRG. According to German criminal procedure law, the termination of criminal prosecution on the grounds of expediency with the imposition of duties and regulations on the accused is a right, and not a duty of the corresponding officers and agencies as it is, in fact, an alternative to criminal prosecution which makes it possible to terminate it at a certain stage when there are all the necessary legal grounds for criminal prosecution.

Журнал: RUSSIAN JOURNAL OF CRIMINOLOGY

Выпуск журнала: Vol. 15, Is. 6

Номера страниц: 775-785

ISSN журнала: 25004255

Место издания: IRKUTSK

Издатель: BAIKAL STATE UNIV

• Tarbagaev Aleksey N. (Siberian Fed Univ, Chair Criminal Law, Law Inst, Krasnoyarsk, Russia)
• Maiorova Ludmila (Siberian Fed Univ, Chair Criminal Procedure & Criminalist, Law Inst, Krasnoyarsk, Russia)
• Ploshkina Yana M. (Siberian Fed Univ, Chair Criminal Procedure & Criminalist, Law Inst, Krasnoyarsk, Russia)

• Web of Science Core Collection
• Список ВАК