Tatyana  LEPINA

THE PROBLEM OF ACHIEVING THE GOALS OF PUNISHMENT WHEN THE RELEASE FROM CRIMINAL LIABILITY AND CRIMINAL PROSECUTION

Authors

Tatyana LEPINA

Keywords:

exemption from criminal liability, the purpose of punishment, restoration of social justice, correction, prevention.

Abstract

Currently, Russian criminal legislation is developing in line with the global trend of humanization. An increasing number of measures of criminal legal nature of the alternative punishment. In addition to the release from criminal responsibility in connection with reconciliation of the parties in connection with active repentance, as well as in cases about crimes in sphere of economic activities, a new institution – a judicial fine. We believe that these procedures should be considered a compromise. Compromise is a series of mutual concessions. On the one hand the state refuses to criminal prosecution and (or) criminal prosecution of the person. The other person compensates the harm inflicted or buff the damage and plead guilty to the committed act. In the scientific community, the term "criminal-legal compromise" is rarely used. This is due to the dominant ideology in the past, proclaiming an uncompromising struggle against crime. Currently, a compromise procedure, not only does not violate the principle of inevitability of punishment, but also allow to achieve the goals inherent in criminal punishment. The restoration of social justice is achieved by reparation or smoothing down of harm. In addition, the victims or his relatives themselves often seek a compromise on the application procedures and agree to the requirement of sentencing. The preventive objective is achieved in that one day, being under the threat of punishment, the perpetrator will refrain from criminal behavior in the future. The goal of correction is not a priority. It is understood that the person exempt from criminal liability and (or) criminal prosecution does not need fixing and deserves leniency.

THE PROBLEM OF ACHIEVING THE GOALS OF PUNISHMENT WHEN THE RELEASE FROM CRIMINAL LIABILITY AND CRIMINAL PROSECUTION