Regulation and Application of Norms on Non-Criminal Criminal Acts Through the Prism of the Principles of Criminal Policy (on the Example the Principles of Justice, Differentiation and Individualization of Criminal Responsibility)

Abstract

The article raises the question of the dependence of the implementation of the principles of criminal policy (principles of justice, differentiation and individualization of criminal responsibility) on the regulation and application of norms on non-criminal acts. The purpose of the work is to assess the impact of non-criminal criminal acts on the implementation of such principles of criminal policy as justice, differentiation and individualization of criminal responsibility. Research objectives: 1) to determine the dependence of the principles of justice, differentiation and individualization on the regulation of non-criminal criminal acts; 2) to determine the dependence of the principles of justice, differentiation and individualization on the application of norms on non-criminal criminal acts. The paper draws the following conclusions. The effectiveness of the implementation of the principles of criminal policy (principles of justice, differentiation and individualization of criminal responsibility) depends not only on the processes of reasonable criminalization (decriminalization), penalization (depenalization), trends in the qualification of crimes, but also on the regulation and application of norms on non-criminal criminal acts. To implement the principles of justice, differentiation of criminal responsibility, it is necessary to strive to achieve a balance of interests of the individual and the state. The result of its achievement should be the definition of such areas protected by criminal law, the security of which is restored by positive post-criminal behavior, as a result of which a person should be exempt from criminal liability, provided that there are no signs of other elements of a crime in his actions. To ensure the implementation of the principle of justice, it is advisable to supplement Articles 127, 226 and 229 of the Criminal Code of the Russian Federation with a basis for exemption from criminal liability, the material condition of which should be appropriate positive post-criminal behavior. Add a note to Article 127 of the Criminal Code of the Russian Federation: “A person who voluntarily released a person deprived of liberty is released from criminal liability if his actions do not contain other elements of a crime.” Add a note to Articles 226 and 229 of the Criminal Code of the Russian Federation: “A person who voluntarily surrendered the items specified in this article is exempt from criminal liability under this article if the theft of these items was committed from illegal owners without the use of violence.”