Institution for the Exemption from Criminal Liability: Current Issues of Law Enforcement

Leonid Evgenievich Shchetnev, Maya Aleksandrovna Klyuchnikova

2021

Abstract

The article focuses on the issues that arise in the law enforcement activities of the preliminary investigation bodies and the court, regarding the legal sufficiency for exempting suspects, accused, defendants from criminal liability. In a number of situations, officials, who are required to make a decision on exemption from criminal liability according to the Special Part of the Criminal Code of the Russian Federation, represent a behavioral strategy concerning a range of variable situations aimed at exemption from criminal liability for terminating a criminal case on the grounds provided for by the Criminal Procedure Code of the Russian Federation. The goal of the research is to identify conflicts in these rules enforcement and determine possible ways of applying the institution of exemption from criminal liability not only at judicial, but also at pre-trial stages of the criminal process, based on the analysis of the relevant norms of the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation. Methodological basis: general scientific (analysis and synthesis, dialectical method) and special scientific research methods (system-structural, technical) were used in the work. The main tasks of the research are to analyze the criminal and criminal procedure legislation of the Russian Federation on the exemption of suspects, accused, defendants from criminal liability and the practice of authorized subjects of criminal proceedings based on its application. The relevance of the work is determined by a number of proposals of the authors aimed at improving the legal regulation of the application of the institution for exemption from criminal liability. In the final part of the article, the authors summarize that a number of norms of criminal and criminal procedural legislation aimed at the legal regulation of exemption from criminal liability require transformation, since they are extrapolated as conflicts to each other.

Paper Citation

in Harvard Style

Shchetnev L. and Klyuchnikova M. (2021). Institution for the Exemption from Criminal Liability: Current Issues of Law Enforcement. In Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA, ISBN 978-989-758-532-6, pages 236-242. DOI: 10.5220/0010634600003152

in Bibtex Style

@conference{closa21,
author={Leonid Evgenievich Shchetnev and Maya Aleksandrovna Klyuchnikova},
title={Institution for the Exemption from Criminal Liability: Current Issues of Law Enforcement},
booktitle={Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,},
year={2021},
pages={236-242},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010634600003152},
isbn={978-989-758-532-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,
TI - Institution for the Exemption from Criminal Liability: Current Issues of Law Enforcement
SN - 978-989-758-532-6
AU - Shchetnev L.
AU - Klyuchnikova M.
PY - 2021
SP - 236
EP - 242
DO - 10.5220/0010634600003152