employee
Volgograd, Russian Federation
employee
Volgograd, Russian Federation
employee from 01.01.2004 to 01.01.2025
Volgograd, Volgograd, Russian Federation
UDC 343.2
In Russian criminal law and contemporary law enforcement practice some issues concerning the legal regula-tions of voluntary renunciation to complete the initiated crime are ambiguously dealt with. As a result, it negatively affects the work of a given penal institution and reduces its preventive effect on crime. Among the controversial issues used as an example are the following: a) is it essential or not obligatory for a perpetrator to prevent the socially dangerous consequences after the renunciation to complete the initiated crime? b) is it necessary to develop special (additional) legal conditions for the renunciation content in case of one of the perpetrators' refusal to complete a crime planned in complicity with others (if there are several perpetrators)? c) must there be legal regulations of additional conditions needed to admit the voluntary renunciation of one of the perpetrators (the organizer, the instigator or the accessory)? The authors examine the relevant criminal law provisions of foreign countries in detail that form the voluntary renunciation institute. The provisions also establish necessary and sufficient grounds excluding criminal liability for the individuals who renounced to complete the initiated but inchoate crime. In some countries, they might be exempt from criminal liability or their punishment might be mitigated. The authors also make a conclusion that some legal regulations stated in criminal law of foreign countries are of interest to a Russian law-maker in the context of their possibility to be implemented in the Criminal Code of the Russian Federation. In fact, special attention should be paid to positive foreign experience in legal regulations of conditions necessary for a perpetrator's (accessory's) voluntary renunciation to complete the crime planned in complicity with others. In the paper specific proposals to improve the voluntary renunciation institute in the Criminal Code of the Russian Federation are given.
comparative matters, international legislation, criminal liability, voluntary renunciation, crime, crime accessories
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