A court fine is a good idea, a bad decision

Автор: Lazareva V.

Журнал: Legal Concept @legal-concept

Рубрика: Главная тема номера

Статья в выпуске: 3 т.23, 2024 года.

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Introduction: since its introduction, the institution of a court fine, despite certain fluctuations, has shown a consistently high degree of demand both from persons who have committed offenses of low-to-medium severity for the first time, due to its humanistic nature, and from preliminary investigation bodies and judges due to the relative simplicity of its procedure. Against this background, numerous flaws in the legislative techniques, contradictions, and other shortcomings of the legal norms contained in Federal Law No. 323 of July 3, 2016 are particularly noticeable, which do not correspond to the task of creating an effective and simple mechanism for exemption from criminal liability using a criminal law measure. The purpose of the paper is to systematize the shortcomings of the legal regulation of the procedure for deciding on the termination of a criminal case with the imposition of a court fine and formulate proposals aimed at increasing the practical expediency of the procedural form.

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Court fine, criminal procedure law, problems of legal regulation, exemption from criminal liability, termination of a criminal case, ground of a procedural decision

Короткий адрес: https://sciup.org/149146817

IDR: 149146817   |   DOI: 10.15688/lc.jvolsu.2024.3.7

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