The criminal-legal significance of the consent of the person participating in the arbitration process to exclude the falsified evidence from the evidence in the case
Автор: Zaborskiy M.Ya.
Журнал: Пермский юридический альманах @almanack-psu
Рубрика: Уголовное право и процесс
Статья в выпуске: 7, 2024 года.
Бесплатный доступ
The article is devoted to the issue of the criminal consequences of the expression by the person who submitted the falsified evidence in the materials of the arbitration case, consent to its exclusion from the case materials. The possibility of qualifying this legally significant action as a voluntary refusal to commit a crime provided for in part 1 of Article 303 of the Criminal Code of the Russian Federation is analyzed. A theoretical conclusion is formulated about the possibility of qualifying such consent as positive post-criminal behavior, eliminating the need for the person who expressed it to be criminally liable. A proposal has been made to amend Article 303 of the Criminal Code of the Russian Federation in terms of fixing a special ground for exemption from criminal liability in a note to the article.
Falsification, evidence, voluntary refusal, exemption from criminal liability
Короткий адрес: https://sciup.org/147244697
IDR: 147244697