About the stages of exemption from criminal liability
| Autor: | E. V. Blagov |
|---|---|
| Rok vydání: | 2023 |
| Zdroj: | Juridical Journal of Samara University. 8:70-76 |
| ISSN: | 2782-2990 2542-047X |
| DOI: | 10.18287/2542-047x-2022-8-3-70-76 |
| Popis: | the article establishes and analyzes the periods of exemption from criminal liability, which has not previously been subjected to scientific understanding. It is concluded that the stages of exemption from criminal liability are the adoption and consolidation of the decision on exemption from criminal liability. The first stage is the thought process. Decisions made at this stage are divided into primary and secondary. The first include decisions a) on taking into account the relevant circumstances and b) on the type of release. Secondary decisions are recognized upon release with the appointment of a court fine about it, and upon release with the use of coercive measures of educational influence about them. The second stage of exemption from criminal liability consists solely in fixing in a certain criminal procedural act the results achieved at the first stage. The shortcomings of criminal and criminal procedure legislation and the practice of its application are shown, which make it difficult to adopt and consolidate a decision on exemption from criminal liability. |
| Databáze: | OpenAIRE |
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