The norms on exemption from criminal liability and punishment should be included in the criminal code!

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The article describes cases of consolidation of norms on exemption from criminal liability and punishment outside the criminal legislation of the Russian Federation. In this regard, the Federal Law N 270-FZ of June 24, 2023 «On the peculiarities of criminal liability of persons involved in a special military operation» is considered and a conclusion is drawn about its contradiction to the fundamental principles of criminal law. The authors believe that only the Criminal Code of the Russian Federation can regulate criminal law relations. Therefore, all grounds for exemption from criminal liability should be included in it. Judicial practice on the application of the norms on exemption from punishment, which are absent in the Criminal Code of the Russian Federation, is analyzed from the same positions. Based on the analysis, it is proposed to include in the domestic criminal legislation the considered norms on exemption from criminal liability and punishment, which will eliminate the contradictions that have arisen.

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Release, criminal liability, punishment, the principle of legality

Короткий адрес: https://sciup.org/140301190

IDR: 140301190   |   DOI: 10.51980/2542-1735_2023_3_59

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