THE LEGAL NATURE OF DISCHARGE FROM CRIMINAL LIABILITY INSTITUTE
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article is devoted to the analysis of legal characteristics of discharge from criminal liability institute. The academic literature on the above topic is examined. It is stated that within the framework of discharge from criminal liability the relation between principles of expediency, humanism, and criminal activity economy is vividly manifested. The legal nature of the institute stipulates that given its application the objects of criminal law could be (or have been) achieved by using far fewer resources and more humane remedies. It is argued that the absence of a common understanding of the legal nature of discharge from criminal liability institute has a negative impact on a law-enforcement practice so that’s why the author proposes to amend the Article 44 of Criminal Code of Ukraine by supplementing it with the concept of discharge from criminal liability, reading: ’Discharge from criminal liability it is the government’s waiver of application of statutory restrictions of person’s certain rights and interests who committed a crime, since the objectives of criminal legislation could be (or have been) achieved without criminally prosecuting the offender’. It is mentioned that this definition reflects the notion and concept of the institute since the government’s waiver of application of statutory restrictions of person’s certain rights and interests who committed a crime shall be not merely an of mercy but rather shall be based on the assumption that the person that is relived from criminal liability either has already been corrected and won’t commit any crimes or the mentioned objectives would be achieved without criminal prosecution of the offender.
Authors and Affiliations
О. В. Степаненко
Keywords
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