Role of the active repentance in the system of criminal law
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 4, Issue 4
Abstract
The article deals with determination of the place of active repentance in the criminal law system. Deep analysis of the Criminal Code of Ukraine provisions has shown that certain provisions relating to active repentance exist outside Section X of the General Part of the CCU. Author has researched contemporary approaches to the understanding of the active repentance that have been developed in the criminal law science. The initial and final moments of active repentance have been determined. The author has concluded that all elements of active repentance which are relevant in order to apply CCU provisions could be divided into two groups. First group includes those that take place before court's sentence in criminal case comes into effect. Second group includes those that take place after conviction of the perpetrator. The active repentance that occurred before court`s decision comes into legal force is important in order to apply CCU provisions relating to: - Exemption from criminal liability; - Imposition of punishment (Active repentance is considered as a mitigating circumstance according to Art. 66 CCU; it may also give a reasonable ground for imposition of a more lenient punishment than provided for by law (Art. 69) and the imposition of a punishment in cases which include multiple mitigating circumstances (Art. 691); - Exemption from punishment as it can indicate a loss of the social danger of perpetrator by the time of the trial (P. 4 Art. 74 CCU), the possibility of correction of a convicted person without serving a sentence as a ground for release on probation (Art. 75), etc. Active repentance which happened after conviction of the perpetrator affects: - Exemption from further serving of punishment (parole, replacement of the unserved part of the sentence with a less strict punishment, presidential pardon); - Criminal record as it forms the basis for its early withdrawal. On the basis of the mentioned above, the author concludes about the interinstitutional meaning of active repentance in the system of criminal law.
Authors and Affiliations
Erik Mishchenko
Keywords
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- EP ID EP332672
- DOI 10.31733/2078-3566-2017-4-218-225
- Views 162
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