Exemption from Criminal Liability in Connection with the Settlement with the Injured Party: Issues of Theory and Practice
- 10.2991/assehr.k.200321.102How to use a DOI?
- exemption from criminal liability, settlement with the injured party, judicial practice, multi-object offences, death of the injured party, judicial practice
The article deals with theoretical and practical aspects of the exemption from criminal liability in connection with the settlement with the injured party. The author notes that in the context of the exemption from criminal liability in connection with the settlement with the injured party, the considerable number of issues exists, but he raises only some of them in his article, such as the possibility of the exemption under multi-object offences, when the personality interest is protected by the Article of the Special Part of the Criminal Code of the Russian Federation along with other goods, under one-object offences, trenching on public and state interest, and in case of death of the injured party. The attention is paid to the fact that, despite the well-established theoretically grounded positions on the impermissibility of the exemption in connection with the settlement with the injured party in the cases listed above, judicial practice followed the way of permissibility of this exemption, in this connection author advances the arguments, why such way is inadmissible, and offers specific recommendations on resolving the issues specified.
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - I.A Podroikina PY - 2020 DA - 2020/03/24 TI - Exemption from Criminal Liability in Connection with the Settlement with the Injured Party: Issues of Theory and Practice BT - Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020) PB - Atlantis Press SP - 151 EP - 155 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.200321.102 DO - 10.2991/assehr.k.200321.102 ID - Podroikina2020 ER -