Changing the Category of a Crime (Part 6 of Article 15 of the Criminal Code of the Russian Federation) and Criminal Legal Encouragement of the Guilty Person

The article analyzes the practice of applying Part 6 of Article 15 of the Criminal Code of the Russian Federation in the system of criminal legal encouragement of the guilty person. It is noted that during the fifteen years of operation of this norm, specific features of a controversial nature have emerged, especially within the framework of the criminal reward system. The author substantiates the incentive nature of this rule and highlights the range of legal consequences that open up to the perpetratorin the event of a change in the category of the crime. Special attention is paid to the problem of “layering” of rewards, when the same mitigating circumstances serve as the basis for the simultaneous application of Part 6 of Article 15 of the Criminal Code, Articles 64, 73, 75 and 76 of the Criminal Code. Based on the analysis of judicial practice and statistical data, a disparity in the application of the norm is revealed: mainly in relation to crimes against property, as well as the facts of category changes for serious violent and mercenary-violent crimes. It is concluded that it is necessary to recognize the use of Part 6 of Art. 15 of the Criminal Code of the Russian Federation for subsequent release from serving a sentence on the grounds provided for exemption from criminal liability, as well as the need to review the categorical affiliation of certain crimes.