Criminal mistake as a form of realization of criminal responsibility

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Among legal scholars and law enforcers today there is an active discussion of the need and expediency of including the institution of a criminal offense as an element in the system and structures of Russian criminal law, which is of particular importance given the current situation in the country regarding various areas - politics, economics, law. There are numerous disputes around the issue of further liberalization and reduction of the level of criminal repression. At the same time, it is impossible not to note the debatability that develops due to the formation of a significant number of supporters of the adoption of such a legislative decision, and opponents of such. As a result of the developing disputes when discussing this issue, fundamentally important points become obvious that cannot be ignored when deciding to supplement the existing system of criminal legislation with the provisions under study, namely: a positive solution to this issue will help reduce the level of repressiveness of the criminal law; practicing lawyers continue to point out the expediency of excluding from the area of administrative responsibility those illegal acts that border on an administrative offense and a crime. The legislative decision aimed at including the category studied in the article in the criminal legislation of Russia will serve, first of all, as a fundamental basis for formulating possible ways and appropriate techniques and methods for simplifying the procedural rules for the implementation of effective pre-trial proceedings in cases of this category. In addition, it will positively affect the implementation of judicial procedures and, in general, reduce the procedural burden on the courts and investigators, and this will provide additional opportunities to reduce budget funding associated with the implementation of this type of procedural activity.

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Criminal offense, criminal liability, effectiveness of criminal law, modern criminal law policy, criminal repression, liberalization

Короткий адрес: https://sciup.org/143179567

IDR: 143179567   |   DOI: 10.55001/2587-9820.2022.20.71.028

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