Problems of exemption from punishment due to a change in the situation
The article offers a scientific justification of the norms of Article 80/1 of the Criminal Code of the Russian Federation, examines some problems that arise when a convicted person is released from punishment due to a change in the situation, and identifies ways to solve them. The opinion is defended that the change in the public danger of a person cannot be assessed without the relationship with the crime committed. It is also argued that the category of the crime committed, as well as the establishment of the fact: whether the crime was committed for the first time or not, are in no way connected with a change in the situation and cannot by themselves affect the disappearance of the public danger of the crime or the person who committed it. The author of the article substantiates the conclusion that the change in the situation should be associated only with the loss of the public danger of the crime committed earlier.