Some results of comparative legal analysis of specific grounds for legal incentives, applying to the persons who voluntarily reported the falsity of their previous testimony

This scientific paper highlights the results of comparative legal analysis of specific grounds for legal incentives, applying to the persons who voluntarily reported the falsity of their previous testimony in Europe, Russia and the United States. Taking it into account the authors study the problems of implementation of the notes to Art. 307 of the Criminal Code. It is stated that the note in its current wording allows us to consider the existence of the grounds for witness's criminal liability release at ascertaining the mere fact that the witness made a statement about the falsity of his previous testimony without its comprehensive assessment. In order to avoid this understanding of the legal provision, that distorts its true meaning, the authors propose to clarify the offense for which the person is released from liability. The authors at the same time deny the expediency of complementing the list of circumstances, which might be a reason for criminal liability release, with an indication of change of testimonies, since the presentation of corresponding requirements in some cases might be contrary to procedural law. It is suggested to impose the duty to re-examine the witness, who refuses his previous testimonies, on courts, taking into account all interrogation rules, including the notice of liability under Art. 308 of the Criminal Code. The authors reveal, in addition, shortcomings in reflecting the feature of timeliness of false testimony statements in the analyzed note. It is proposed to amend the law in order to prevent the application of specific grounds for legal incentives, to the person against whom criminal proceedings have already been started or there are reasonable suspicions in his testimonies.