Terms of exemption from criminal liability pursuant to part 1 of article 75 of the Criminal Code of the Russian Federation

The article analyzes the type of exemption from criminal liability in connection with active repentance pursuant to Part 1 of Art. 75 of the Criminal Code; its conditions are studied in detail and some controversial points are touched upon. Thus, attention is drawn to the unreasonably broad understanding of the term “the first offense”, justifies the conclusion that confession can be recognized as such only if the personal presence of the subject in the relevant authorities; emphasizes that for the application of Part 1 of Art. 75 of the Criminal Code it is necessary to comply with the four conditions described in the article, and active repentance itself suggests the alternative behavior of the subject; arguments adduce on the inadmissibility of transferring this type of exemption from criminal liability from the number of dispositive to the imperative. In general, the conclusion is that the modern legislator needs to take a more balanced approach to the process of criminalization, so as not to look for new ways of exemption from criminal liability.