Problems of Defining the Concept of «Change of Situation» in Art. 80.1 of the Criminal Code of the Russian Federation

Abstract

The article discusses the concept of “change of situation” as the basis for release from punishment. The author adheres to the position of the need to use in the law only those concepts that are revealed through signs that are understandable to everyone. Article 80.1 of the Criminal Code of the Russian Federation is examined as a norm that does not meet this criterion. The author claims that the content of this norm does not allow a clear idea of the content of the concept. As evidence, numerous examples from law enforcement practice are given, illustrating the inconsistancy of understanding the studied Institute of criminal law by investigative personnel and the judiciary. Each law enforcement officer, due to the lack of clear wording, is forced to interpret the norm independently, filling it with arbitrary content. This approach, of course, is unacceptable. Moreover, the interpretations often used are far from the main idea of the institution of release from punishment due to change in a situation and allow confusion or substitution of the term with other criminal law terms. In some cases, the courts consider it possible not to show specific circumstances at all, though they indicate a change in situation after the commission of the crime. Examples are given from practice where, instead of bringing arguments about change in situation, the law enforcement officer simply lists circumstances mitigating the punishment, names circumstances that should be taken into account when sentencing, names signs of active remorse or reconciliation with the victim. The author considers this state of affairs unacceptable and proposes, as alternative options for solving the problem, either introducing appropriate amendments to Article 80.1 of the Criminal Code of the Russian Federation to clarify the concept, or rejecting this institution of criminal law.