Judicial penalty as a measure of criminal law impact

L.V. Artemeva

Kazan Federal University, Kazan, 420008 Russia

E-mail: lilya_malkova@mail.ru

Received December 22, 2016

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Abstract

This paper considers changes in the criminal law of the Russian Federation in connection with the adoption of the Federal Law of the Russian Federation no. 323-FL on July 3, 2016. In particular, the regulations introduced in the Criminal Code of the Russian Federation in line with the above federal law and providing the grounds for exemption from criminal liability with infliction of a penalty have been analyzed. The attention is focused on potential theoretical and practical problems of their application. It has been found that judicial penalty, on the one hand, is not included in the systems of measures prescribed in accordance with the criminal law. On the other hand, it is little different from criminal punishment. Therefore, the problem of whether or not these regulations is a hidden way by which the court imposes punishment without any trial has been raised. Based on the obtained results, it has been concluded that the changes under study are ambiguous and vague, because they may lead to abuse by the law enforcement and judiciary systems.

Keywords: criminal liability, crime, judicial penalty, punishment, exemption from criminal liability

References

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For citation: Artemeva L.V. Judicial penalty as a measure of criminal law impact. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2017, vol. 159, no. 2, pp. 491–496. (In Russian)

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