On the punitive potential of the norms on exemption from criminal liability

This article attempts to answer the question: «Does the institution of exemption from criminal liability have a punitive potential?». Based on the analysis conducted, it is concluded that there are repressive elements in the criminal law institution under study. In particular, it is proven that when a criminal case (prosecution) is terminated, the person is found guilty of committing a crime, which leads to a negative assessment of the crime and the perpetrator by the state. At the same time, there is a factual punishment in the form of an indefinite deprivation of the perpetrator’s right to hold certain positions, as well as the existence of general legal consequences specific to the institution of criminal record.