Exemption from Criminal Liability with the Imposition of a Court Fine in Respect of Crimes Infringing on Human Life and Health: Problems of Theory and Practice

The article considers the problem of exemption from criminal liability with the imposition of a judicial fine in respect of crimes that infringe on human life and health. Acting as absolute values and central objects of criminallegal protection, they cause an increased level of public danger of the corresponding encroachment, including in the case when they are its additional objects, which does not allow to compensate for the damage or otherwise make amends for the harm caused by the crime and, as a consequence, to fulfill one of the mandatory conditions of practical implementation of the analyzed measure of criminallegal nature. An exception to the “rule” is the murder committed when exceeding the limits of necessary defense, which is distinguished by a lower degree of public danger due to the psychoemotional state of the defending person. The most promising in relation to encroachments on human health, including when it is an additional object of criminallegal protection, is the release of a person from criminal responsibility in connection with reconciliation with the victim due to the mandatory consideration of his opinion, providing additional protection of violated rights and observance of the principle of justice.