Non-criminal acts under the criminal legislation of the RSFSR 1920-1930

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Traditionally, it is believed that criminal law, the science of criminal law develops around the two cornerstones of the terms "crime" and "punishment", the issues of the essence of the criminal act, its social danger, and the corresponding type and size of criminal punishment. Nevertheless, almost every source of criminal law provided for other criminal acts that had not been criminal. The consequence of the committed act, which is not punishable under the criminal law, is that it can be: 1) criminally punishable; 2) the ground for releasing a person from criminal liability; 3) the circumstance precluding the crime of the act; 4) the ground for replacing one punishment with a milder form of punishment; 5) the ground for suspending the Statute of limitations on criminal prosecution and so on. Having considered the criminal legislation of the RSFSR in the 1920-1930-s, we can conclude that it was allocated to such non-criminal criminal-legal acts as: 1) self-defense; 2) urgency; 3) voluntary refusal from committing a crime; 4) insufficiency of the act; 5) positive post-criminal behavior, affect: a) use of parole; b) deciding to release the person from criminal liability; 6) negative post-criminal behavior, affect: a) extension of limitation periods of bringing to criminal liability; b) extending the stay in the correctional-labor institution; c) replacement of one form of punishment with more severe punishment; g) imposition court cautions on the acquitted person.

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Non-criminal act, exemption from liability and punishment, replacement of punishment

Короткий адрес: https://sciup.org/147231395

IDR: 147231395   |   DOI: 10.14529/law180302

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