Release from Criminal Liability in Connection with Effective Repentance on the Legislation of Ukraine and Other European Countries: Comparative Legal Analysis
Journal Title: Держава та регіони. Серія: Право - Year 2016, Vol 2, Issue
Abstract
In the article analyzes the criminal legislation of several European countries to regulate release from criminal liability in connection with effective repentance. This in particular legislation such countries as Moldova, Slovakia, Czech Republic, Hungary, Slovenia, Romania, Belgium, Portugal, Norway, Denmark. Emphasize the basic approaches of foreign legislation in relation to the criminally legal value of effective repentance of person, which committed crime. Under the first approach, such elements of effective repentance as an admission of guilt, sincere repentance, the compensation caused damages, the elimination caused of the damage, the appearance of the confession is recognized conditions, mitigating punishment (Romania, Slovenia, Denmark, Belgium and other). The second approach is the recognition of effective repentance as an independent separate reason exemption of person from criminal liability (Moldova, Czech Republic and Hungary). Herewith for the second approach is characteristic that as a reason such exemption is recognized as a highly effective repentance (Moldova) and some of its elements (Hungary). It was concluded that in the legislation of individual countries can be traced the transformation approaches to social and criminally legal assessment of effective repentance which is to leave from recognition just as softened the punishment of condition in favor the possibility for exemption of person from criminal liability (as is the case now in the Criminal Code of Hungary 2012). The existence of differences in the legal regulation of exemption from criminal liability in connection with effective repentance by the criminal legislation of Ukraine and other countries actualizes comparative research in this area. In particular, it is a question: criminally legal assessment of the size of the losses reimbursed, categories of crimes, which exclude the possibility of exemption from criminal liability, determine the limits of judicial discretion in deciding question on such exemption and other. Expedient is also research this question not only at the regulatory level, but on functional level that provides not only an analysis of the relevant legislation, but doctrinal approaches, taking into account the social conditions of the action of criminal legal norms, available jurisprudence, etc.
Authors and Affiliations
А. О. Булейко
Keywords
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