The guilt of a person in a procedural decision on exemption from criminal liability in connection with the appointment of a court fine
Автор: Khokhryakova E.A.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Прокурорский надзор
Статья в выпуске: 1 (28), 2021 года.
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The article considers the question whether it is possible to perceive the presentation of evidence and the reflection of their presence in the descriptive and motivational part of the court decision as the need to establish the guilt of a person in committing a crime when releasing a person from criminal liability? The author presents the point of view that when a person is released from criminal liability in connection with the imposition of a court fine, the guilt of the person is not established. Only a court can find a person guilty in a sentence. To clarify this issue, the author considers it sufficient that the Supreme Court of the Russian Federation expressed its position in the Resolution of the Plenum on the institution of exemption from criminal liability.
Institution of exemption from criminal liability, sentence, guilt of a person, judicial fine, measures of a criminal legal nature, appointment of a judicial fine
Короткий адрес: https://sciup.org/14119334
IDR: 14119334