Application of article 10 of the Russian Federation Criminal Code to the sentenced persons who avoid execution of their punishments

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The article analyzes the problem of applying the retroactive force of the criminal law to convicts evading punishment. On the basis of the existing judicial practice, the author examines various approaches to the issue of releasing convicts evading punishment from punishment, or mitigating their punishment due to the issuance of a retroactive criminal law. The conclusion is made about the inadmissibility of restricting the rights of convicts evading serving their sentences to bring the sentences passed against them in accordance with the current legislation and the contradiction of such restrictions to the principles of criminal proceedings. The possibility of applying Art. 10 of the Criminal Code of the Russian Federation to convicts evading punishment is substantiated. The emerging law enforcement problem of determining the jurisdiction of consideration of the petition (presentation) to bring the sentence in line with the new criminal law is resolved.

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Evasion from serving a sentence, retroactive force of criminal law, principles of criminal proceedings, jurisdiction

Короткий адрес: https://sciup.org/147231546

IDR: 147231546   |   DOI: 10.14529/law200402

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