Straining the order of exemption from criminal responsibility

Автор: Spector L.A., Zatulivetrov E.V.

Журнал: Вестник Алтайской академии экономики и права @vestnik-aael

Рубрика: Юридические науки

Статья в выпуске: 7-1, 2019 года.

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The article is devoted to the issues of criminal pressure on business. Lawyers are critical of the proposals of the Ministry of Internal Affairs. According to one expert, the bill ignores the presumption of innocence in the classical sense, contradicts the basic principle of the criminal process, according to which a person can be found guilty of committing a crime only in accordance with the conviction, and has obvious unfair consequences. Another expert believes that tightening the rules on exemption from criminal liability will only lead to an increase in convictions and an increase in the number of convicted persons. On April 19, the Ministry of Internal Affairs of Russia submitted a bill for public discussion in order to improve the institution of exemption from criminal liability. The amendments supplement Art. 75 of the Criminal Code, according to which the action of part 1 of this article, part 1 and 2 of Art. 76, art. 76.1 and 76.2 of the Criminal Code does not apply to persons who were previously exempted from criminal liability on any of the grounds provided for by the specified provisions of the Criminal Code. The authors of the article reveal the main aspects of introducing new changes in the legislation of Russia. Particular attention is drawn to law enforcement practice. The problem of contradictory tendencies in legislation and the possibilities for the effective protection by citizens of the Russian Federation of their rights are raised.

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Criminal law, criminal code, criminal liability, exemption, legislation, amendments

Короткий адрес: https://sciup.org/142221369

IDR: 142221369   |   DOI: 10.17513/vaael.642

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