Exemption from criminal responsibility (punishment) on legislation of pre-revolutionary Russia

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Introduction: the article discusses the formation and development of norms providing for exemption from criminal liability in legislative acts of pre-revolutionary Russia. The purpose of the article is to analyze the approaches of the Russian legislator to fixing in criminal law norms the grounds, conditions and types of exemption from criminal liability at different stages of history, starting from the first historical sources of criminal law of the Old Russian State (X century) and ending in 1917 year. Materials and Methods: the methodological basis is the totality of such methods as historical and legal, comparative legal, systemic, analysis. Results of the Study: it is shown that exemption from criminal liability (punishment) is a constantly evolving legal institution. Findings and Conclusions: according to the results of the study, it has been established that since the time of Russian Truth, the criminal legislation of Russia contained standards guaranteeing release from punishment or its substantial mitigation, subject to the voluntary termination of criminal activity and compliance with the conditions prescribed by law. Since the 10th century special laws were contained in the laws of Russia, some of which eventually transformed into general grounds (types) of release (reconciliation), and part into the conditions necessary for applying a specific type of release (confession, damages, facilitating the disclosure of the offense). Over the centuries, the institute under study has been improved, the list of the main types of liberation has expanded, a specific “set” of conditions has been formed, which together constitute a single basis for the application of a particular type of liberation. A circle of cases was determined by which one or another type of exemption could be applied, and in relation to which prohibitions and restrictions were introduced. Along with the general grounds for release, special types were introduced for specific offenses that could be applied in situations where there were no grounds for applying general norms.

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Criminal law, exemption from punishment: institution of exemption from criminal liability, conditions for exemption from criminal liability, positive post-crime behavior

Короткий адрес: https://sciup.org/143173221

IDR: 143173221   |   DOI: 10.24411/2312-3184-2020-10061

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