Yu., Ogarkova Dronova

Problems of compliance with goal-setting and the practice of application of the norms of the Criminal code of the Russian Federation on change of the category of crime to a less severe by the court (analysis using statistical data)

Authors

Yu., Ogarkova Dronova

Keywords:

category of crime, category change, humanization of criminal legislation, law enforcement practice, mitigation of punishment.

Abstract

The article analyzes the goals of inclusion in 2011 in the Criminal Code of the Russian Federation, part 6 of Art. 15, which gives the court the power to change the category of crime to a less serious one. It is indicated that this addition to the Criminal Code corresponds to the trend of humanization of Russian criminal legislation. Parallels are drawn with such a criminal law institution in the United States as a “deal with the investigation”, namely, with its variety, which involves a change in the scope of the charge or the qualification of an act according to a norm providing for a different less serious crime. The following are statistical data on the practice of applying Part 6 of Art. 15 of the Criminal Code of the Russian Federation for the last 5 years and their quantitative analysis is given in dynamics in relation to the designated goals of the provision of the Criminal Code of the Russian Federation under consideration.

Problems of compliance with goal-setting and the practice of application of the norms of the Criminal code of the Russian Federation on change of the category of crime to a less severe by the court (analysis using statistical data)