A new ground for exemption from criminal liability as a type of active repentance

The article analyzes a new ground for exemption from criminal liability in connection with conscription for military service during mobilization or in wartime, or the conclusion of a contract for military service during mobilization, martial law or in wartime, as well as in connection with military service during the specified periods or time. Individual conditions for exemption from criminal liability under Art. 78.1 of the Criminal Code of the Russian Federation are considered in detail. As a result of the study, the author comes to the conclusion that the norm under consideration is based on the «super-useful» positive post-criminal activity of the culprit, which allows considering him to have lost his social danger or to state its significant reduction. It is noted that, unlike other grounds for exemption from criminal liability, the ground under consideration is of imperative character, which raises some issues regarding possible exemption from criminal liability for committing particularly serious violent crimes against the person.