Termination of a criminal case in connection with the appointment of a criminal law measure in the form of a court fine for crimes with a formal composition: review of judicial practice

Автор: Khokhryakova E.A.

Журнал: Правопорядок: история, теория, практика @legal-order

Рубрика: Уголовный процесс

Статья в выпуске: 3 (22), 2019 года.

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The article is devoted to one of the issues of judicial practice - the possibility of exemption from criminal liability with the appointment of measures of a criminal-legal nature in the form of a court fine for socalled crimes with a formal composition. The article presents a review of the jurisprudence of appointment of measures of criminal-legal character in the form of court fine in respect of suspects and accused persons in the Commission of acts constituting a formal part of the crime, not giving rise to consequences for specific persons. It is concluded that the judicial practice is not free from contradictions on the application of the new grounds of exemption from criminal liability (article 76.2 of the criminal code), as the law in terms of legal technique did not clearly define all possible relations, which are subject to the amended criminal code of the Russian Federation norm.

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Termination of the criminal case, exemption from criminal liability, court fine, crimes with a formal composition, a measure of criminal law

Короткий адрес: https://sciup.org/14119240

IDR: 14119240

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