Release from the criminal liabilty for crimes related to criminal influence

Abstract

The article is devoted to the study of the types of exemption from criminal liability for crimes related to criminal influence provided for by the Criminal Code of Ukraine, as well as the regulation of this issue in the draft of the new Criminal Code of Ukraine. It was found that international acts do not establish the obligation of Ukraine to define in its legislation the cases of exemption of a person from criminal liability for committing the specified crimes, but they provide such opportunity. The application of general types of exemption from criminal liability provided for by the Criminal Code of Ukraine for the mentioned crimes is impossible, except for exemption due to the expiration of the statute of limitations. Special types of exemption from criminal liability provided for in the new version of Art. 255 and Art. 255-2 of the Criminal Code of Ukraine, cannot be applied for these crimes either, however, one of the grounds for their application is, in particular, active assistance in the investigation of crimes related to criminal influence. In the draft of the new Criminal Code of Ukraine, developed by the Working Group on the Development of Criminal Law as a part of the Commission on Legal Reform, exemption from criminal liability is not foreseen as a criminal legal remedy in general. However, a literal interpretation of the provisions of the Draft allows considering the provisions of Art. 3.4.2 on exemption from punishment as a partial exemption from criminal liability. At the same time, in relation to a person exempted from punishment, a guilty verdict is issued by court, and he is considered to be on trial. Based on the conducted research, proposals were developed regarding the possible improvement of the grounds for the application of special types of exemption from criminal liability, provided for in Part 6 of Art. 255 and Part 2 of Art. 255-2 of the current Criminal Code of Ukraine, as well as additions to Art. 3.4.2 of the draft of the new Criminal Code of Ukraine as a basis for the application of the exemption of a person from punishment for participating in a gathering of representatives of organized criminal groups.