Правовое государство: теория и практика (Mar 2024)

TERMINATION OF CRIMINAL PROSECUTION IN CASES OF VIOLENCE AGAINST A GOVERNMENT REPRESENTATIVE: COMPARATIVE ANALYSIS OF JUDICIAL PRACTICE

  • KACHALOVA Oksana Valentinovna

DOI
https://doi.org/10.33184/pravgos-2024.1.8
Journal volume & issue
Vol. 20, no. 1(75)
pp. 61 – 68

Abstract

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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.

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