The Role of Categorization of Crimes in the Institution of Exemption from Criminal Liability
Categories of crimes influence the construction and application of norms concerning the exemption from criminal liability since they serve as the condition of such exemption. According to the author, usage of most stimulating norms of Chapter 11 of the Criminal Code of the Russian Federation for minor crimes is optimal. At the same time, the norm on special type of active remorse requires modification. Maximum fines not provided in the sanction of the Article must also be modified by gradation. The limitation periods indicated in Article 78 of the Criminal Code of the Russian Federation must be sufficient for reduced or ceased person’s social danger. A guideline for their determination may be maximum punishability for committing certain crimes provided by Article 15 of the Criminal Code of the Russian Federation. The provision of changing the category of a crime which hinders possible use of stimulating norms for exemption from criminal liability is of special concern. The author criticizes the initiative of the Supreme Court of the Russian Federation to introduce a new type of exemption from criminal liability in connection with committing a criminal offence.