Escaping Punishment and Getting Away with Serving the Imposed Punishment in the form of Illicit Non-Criminal Omission to Act as a Criminal Offense: A Concept, Signs, Legal Effect

Abstract

The study is devoted to the norms of criminal and penal law regulating relationships associated with evasion from serving the imposed punishment. This kind of non-criminal omission to act is not a crime, while it belongs to the category of criminal. Using the examples of court decisions, the author substantiates the relevance of researching a «non-criminal inaction» in the form of «evasions». The author investigates various types of evasion and gives his definition of an illicit criminal omission to act as a kind of «criminal offense». On the basis of the analysis of the criminal and penal legislation and judicial practice, the author determines general characteristics inherent in non-criminal evasion from punishment or serving the imposed punishment in the form of non-criminal inaction as a type of criminal offenses. The author concludes that it is necessary to consolidate the category of a «criminal offense» in the Criminal Code of the Russian Federation and the Penal Code of the Russian Federation.