The objective party of illegal exemption from criminal responsibility: some criminal law and criminal procedure issues

Автор: Kudryavtsev Vladislav Leonidovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Актуальные проблемы адвокатской практики

Статья в выпуске: 1 (20), 2016 года.

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Objective: To study the objective aspect of the crime such as illegal exemption from criminal liability. Methodology: Formal-legal methods. Results: The article studies the objective aspect of illegal exemption from criminal liability. It is established that the offence can only be committed by actions of a decision on termination of criminal proceedings or a ruling on termination of criminal prosecution against the suspect or the accused. This illegal exemption from criminal liability of the suspect or accused when there is no criminal law or criminal procedure, grounds for excluding criminal responsibility. The offense, under article 300 of the criminal code of the Russian Federation, is formal and consequently the crime is ended from the moment of pronouncement of the resolution on termination of criminal proceedings or a ruling on termination of criminal prosecution against the suspect or the accused. Novelty/originality/value: Article has a scientific value, presenting a complex analysis of the objective side of illegal exemption from criminal liability through some criminal law and criminal procedure problems both in theory and in practice.

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Короткий адрес: https://sciup.org/14042335

IDR: 14042335

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