On social and legal conditionality of criminal provisions allowing the court to change the crime category

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In this work, an attempt is made to substantiate the possibility of the existence of part 6 of Article 15 of the Criminal Code of the Russian Federation from the point of view of the social and legal conditionality of the provisions of the criminal law. According to the author, despite a number of critical remarks about the right granted to the courts to change the category of a crime, the norm studied in the article enables the courts to make the most competent decision when considering non-standard legal situations.

Change in the category of crime, category of crime, the actual circumstances of the crime, the specific circumstances of the offense, nature and degree of public danger

Короткий адрес: https://sciup.org/170188793

IDR: 170188793   |   DOI: 10.24412/2500-1000-2021-4-4-181-184

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