On the Civilian Limits of State Charges of Crimes and Criminals: Reflections on the “Other Cheek”
- 10.2991/assehr.k.200321.105How to use a DOI?
- state forgiveness of criminals, criteria for exemption from criminal liability
The article is devoted to clarifying the circumstances that form the basis of state forgiveness (or semi-forgiveness) of criminals and crimes. Moreover, the author interprets the state forgiveness concept very broadly: and as mitigation of criminal liability for criminal acts, in the presence of certain circumstances (conditions), which entails a much milder criminal liability, and even exemption from it; and how to establish independent grounds for exemption from criminal liability for such acts; and as regulation in the law of new grounds for mitigating the assigned criminal punishment for them; can go on. Recognizing the justice, reasonableness, and morality of some criteria of state forgiveness of criminals and crimes (in the presence of excusable circumstances, for example, the state of necessary defense beyond its limits), it is necessary to state the unreasonableness, injustice, and immorality of others. For example, Russia has established preferential liability for a mother who killed her newborn child during or immediately after childbirth, although other persons are prosecuted for such acts for the most serious murder. The latest trends in state forgiveness are associated with additional cash payments to the state, which does not meet the moral principles of the release of the criminal from criminal liability.
- © 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 - N.A. Lopashenko PY - 2020 DA - 2020/03/24 TI - On the Civilian Limits of State Charges of Crimes and Criminals: Reflections on the “Other Cheek” BT - Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020) PB - Atlantis Press SP - 165 EP - 169 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.200321.105 DO - 10.2991/assehr.k.200321.105 ID - Lopashenko2020 ER -