Open AccessThe concept and classification of special types of exemption from criminal liability
Author(s) -
С. И. Спивак,
Alyona A. Alfer'yeva
Publication year - 2019
Publication title -
vestnik kostromskogo gosudarstvennogo universiteta imeni n.a. nekrasova
Language(s) - English
Resource type - Journals
ISSN - 1998-0817
DOI - 10.34216/1998-0817-2019-25-3-172-175
Subject(s) - commit , legislation , criminal liability , strict liability , liability , criminal code , law , legal liability , criminal law , institution , political science , business , computer science , database
The article is devoted to the analysis of the notes to the articles of the Special Part of the Criminal Code of the Russian Federation containing special rules for exemption from criminal liability. The article presents the historical development of this institution, and it also examines the various points of view of the authors on the topic of research, gives the concept of exemption from criminal liability. Until now, the concept of special types of exemption from criminal liability has not been defined in the Russian criminal legislation, and there is no systematisation of them. Based on what was studied, the authors cite the concept of special types of exemption from criminal liability. The classification of special norms of exemption from criminal liability on the grounds, such as the first time that the person committs the crime, is given. In this regard, special rules are divided into exemption from criminal liability for committing a crime for the first time and exemption from criminal liability, which does not have the condition to commit a crime for the first time.