Prejudice as a means of proving the circumstances leading to exemption from punishment due to changes in the situation

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The article exemines the possibility of establishing circumstances by applying the institution of prejudice is examined based on the analysis of the provisions of Article 90 of the Criminal Procedure Code of the Russian Federation, as well as the circumstances that entail the release of the defendant from punishment due to a change in the situation. The author comes to the conclusion that for the court establishing the circumstances in a criminal case that lead to the loss of public danger by a crime or the person who committed it, the circumstances established not only by judicial decisions adopted within the framework of civil, arbitration or administrative proceedings, but also by guilty verdicts that have come into legal force with release from punishment due to a change in the situation may have a prejudicial significance.

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Prejudice, proof, release from punishment, change of the situation

Короткий адрес: https://sciup.org/140313386

IDR: 140313386   |   УДК: 343.14