TERMINATION OF CRIMINAL PROSECUTION IN CASES OF VIOLENCE AGAINST A GOVERNMENT REPRESENTATIVE: COMPARATIVE ANALYSIS OF JUDICIAL PRACTICE
The purpose of the article is a comparative analysis of judicial practice of termination of criminal prosecution in cases of violence against a government representative (Article 318 of the Criminal Code of the Russian Federation), identifying problematic situations in this area. Methods: comparati...
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| Format: | Article |
| Language: | English |
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Bashkir State University
2024-03-01
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| Series: | Правовое государство: теория и практика |
| Subjects: | |
| Online Access: | https://pravgos.ru/index.php/journal/article/view/899 |
| _version_ | 1797221544125005824 |
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| author | KACHALOVA Oksana Valentinovna |
| author_facet | KACHALOVA Oksana Valentinovna |
| author_sort | KACHALOVA Oksana Valentinovna |
| collection | DOAJ |
| description | The purpose of the article is a comparative analysis of judicial practice of termination of criminal prosecution in cases of violence against a government representative (Article 318 of the Criminal Code of the Russian Federation), identifying problematic situations in this area. Methods: comparativelegal, system analysis, synthesis and generalization.
Results: the author concludes that the main type of termination of criminal prosecution under Article 318 of the Criminal Code of the Russian Federation
is the termination of criminal proceedings with the imposition of a court fine. The conditions necessary for the termination of criminal prosecution under
Article 318 of the Criminal Code of the Russian Federation include: compensation for damage or other reparation for harm caused by the crime;
positive characteristics of the accused; the accused ceased to be a danger to society after the reparation of harm; the victim does not object to the termination of criminal prosecution. Judicial practice on the termination of criminal prosecution under Article 318 of the Criminal Code of the Russian Federation varies, there is no unity in it: in some cases, the courts recognize apologies and participation in charitable activities as reparation for harm caused by the crime, in other cases they do not. The termination of criminal
prosecution is generally refused if the victim is not fully compensated, if apologies are made formally, if apologies are made only to the victim (not publicly, not in the presence of personal staff, not to the head of the body or institution in which the victim works), if apologies are not made personally to the victim, if the victim’s opinion on the possibility of terminating criminal proceedings is not established or apologies are not accepted and reconciliation with the accused has not taken place. |
| first_indexed | 2024-04-24T13:07:07Z |
| format | Article |
| id | doaj.art-33f71248026748b58f5344d272e0ddd8 |
| institution | Directory Open Access Journal |
| issn | 2500-0217 |
| language | English |
| last_indexed | 2024-04-24T13:07:07Z |
| publishDate | 2024-03-01 |
| publisher | Bashkir State University |
| record_format | Article |
| series | Правовое государство: теория и практика |
| spelling | doaj.art-33f71248026748b58f5344d272e0ddd82024-04-05T07:00:23ZengBashkir State UniversityПравовое государство: теория и практика2500-02172024-03-01201(75)616810.33184/pravgos-2024.1.8TERMINATION OF CRIMINAL PROSECUTION IN CASES OF VIOLENCE AGAINST A GOVERNMENT REPRESENTATIVE: COMPARATIVE ANALYSIS OF JUDICIAL PRACTICEKACHALOVA Oksana Valentinovna0https://orcid.org/0000-0003-4440-8510Russian State University of JusticeThe purpose of the article is a comparative analysis of judicial practice of termination of criminal prosecution in cases of violence against a government representative (Article 318 of the Criminal Code of the Russian Federation), identifying problematic situations in this area. Methods: comparativelegal, system analysis, synthesis and generalization. Results: the author concludes that the main type of termination of criminal prosecution under Article 318 of the Criminal Code of the Russian Federation is the termination of criminal proceedings with the imposition of a court fine. The conditions necessary for the termination of criminal prosecution under Article 318 of the Criminal Code of the Russian Federation include: compensation for damage or other reparation for harm caused by the crime; positive characteristics of the accused; the accused ceased to be a danger to society after the reparation of harm; the victim does not object to the termination of criminal prosecution. Judicial practice on the termination of criminal prosecution under Article 318 of the Criminal Code of the Russian Federation varies, there is no unity in it: in some cases, the courts recognize apologies and participation in charitable activities as reparation for harm caused by the crime, in other cases they do not. The termination of criminal prosecution is generally refused if the victim is not fully compensated, if apologies are made formally, if apologies are made only to the victim (not publicly, not in the presence of personal staff, not to the head of the body or institution in which the victim works), if apologies are not made personally to the victim, if the victim’s opinion on the possibility of terminating criminal proceedings is not established or apologies are not accepted and reconciliation with the accused has not taken place. https://pravgos.ru/index.php/journal/article/view/899termination of criminal prosecutiontwoobject corpus delictireparation for the harm caused by the crimepublic interestposition of the victimdecrease in the degree of public danger |
| spellingShingle | KACHALOVA Oksana Valentinovna TERMINATION OF CRIMINAL PROSECUTION IN CASES OF VIOLENCE AGAINST A GOVERNMENT REPRESENTATIVE: COMPARATIVE ANALYSIS OF JUDICIAL PRACTICE Правовое государство: теория и практика termination of criminal prosecution twoobject corpus delicti reparation for the harm caused by the crime public interest position of the victim decrease in the degree of public danger |
| title | TERMINATION OF CRIMINAL PROSECUTION IN CASES OF VIOLENCE AGAINST A GOVERNMENT REPRESENTATIVE: COMPARATIVE ANALYSIS OF JUDICIAL PRACTICE |
| title_full | TERMINATION OF CRIMINAL PROSECUTION IN CASES OF VIOLENCE AGAINST A GOVERNMENT REPRESENTATIVE: COMPARATIVE ANALYSIS OF JUDICIAL PRACTICE |
| title_fullStr | TERMINATION OF CRIMINAL PROSECUTION IN CASES OF VIOLENCE AGAINST A GOVERNMENT REPRESENTATIVE: COMPARATIVE ANALYSIS OF JUDICIAL PRACTICE |
| title_full_unstemmed | TERMINATION OF CRIMINAL PROSECUTION IN CASES OF VIOLENCE AGAINST A GOVERNMENT REPRESENTATIVE: COMPARATIVE ANALYSIS OF JUDICIAL PRACTICE |
| title_short | TERMINATION OF CRIMINAL PROSECUTION IN CASES OF VIOLENCE AGAINST A GOVERNMENT REPRESENTATIVE: COMPARATIVE ANALYSIS OF JUDICIAL PRACTICE |
| title_sort | termination of criminal prosecution in cases of violence against a government representative comparative analysis of judicial practice |
| topic | termination of criminal prosecution twoobject corpus delicti reparation for the harm caused by the crime public interest position of the victim decrease in the degree of public danger |
| url | https://pravgos.ru/index.php/journal/article/view/899 |
| work_keys_str_mv | AT kachalovaoksanavalentinovna terminationofcriminalprosecutionincasesofviolenceagainstagovernmentrepresentativecomparativeanalysisofjudicialpractice |