Active repentance: classification. Compensation for damage

Active repentance is a useful (in terms of law) behavior of the subject. It includes not only moral torment about the wrongful act that has been committed by him. Compulsory component of the behavior is compensation for the damage caused to the victim. Let us consider in more detail the features of this category.

General information

The Criminal Code does not contain a clear explanation of what an active repentance is. However, this category is devoted to art. 75. In the Code of Criminal Procedure, it is mentioned in art. 25. For example, the Criminal Code provides for conditions under which release is permitted in connection with active repentance. This is possible when the subject performs certain behavioral acts. These include, in particular:

1. Assistance to law enforcement in the investigation.
2. Turnout with confession.
3. Compensation for damage.

These conditions in practice apply to persons who have committed crimes of small and medium gravity, as well as those brought to justice for the first time. As a result of the above behavioral acts, the subject should cease to pose a danger to society. However, it is reliable to say that a person who committed an illegal act and was not held accountable in connection with active repentance, became harmless to society, it is impossible.

An Important Moment

In legislation, there is no mention of motivation, which pushes the subject to active repentance. Meanwhile, this is a very important point. Knowing the motivation of the subject, we can predict whether he will break the law some other time or not, which would be more appropriate at the moment: the termination of the criminal case or the application of a proportionate punishment. In practice, the burden of responsibility for deciding whether to apply the provisions of Art. 75 lies on the conviction of the investigator, the judge or the investigator.

Required characteristics

Termination of a criminal case is allowed with:

1. Small severity of the disorder.
2. The first bringing to justice.
3. Turning out to be guilty.
4. Assistance in the investigation.
5. Compensation for harm arising from a crime.
6. Lose public danger.

Voluntary refusal and active repentance

The above characteristics may serve as criteria for distinguishing between the two categories. The main difference is the intensity of those physical efforts that are aimed at achieving the goal. So, with voluntary refusal, the subject is in a passive state. In this case, he voluntarily does not commit a crime and does not enjoy a real opportunity to violate the law. Active repentance, on the contrary, is an active behavior. It takes place already after the violation of the provisions of the law, as well as the events that occur after this (at the beginning of the investigation, this is, in particular, the appearance with confession, assistance in disclosing, etc.). Such activity, according to some experts, is permissible at any stage of the process. But exemption from liability is possible only within the framework established by Art. 75 with a combination of these properties and characteristics. In other cases, the positive actions of the perpetrator may act as mitigating circumstances.

Delineation of categories

As was said above, voluntary refusal is the passive behavior of the subject. However, in some cases it can be active:

1. When it can be expressed only in active actions to eliminate the conditions created by individuals for violating the law.
2. When it occurs at the end of the attempted assassination.

It is worth mentioning, however, that the latter provision can not be considered indisputable, since a number of authors believe that only active repentance is allowed at this stage, but not voluntary refusal. The latter is possible at the stage of the completed assassination only when there is a gap between the actions already accomplished and the consequences from them, or the subject by his counteraction is able to interrupt the formation and development of the cause-effect relationship. Experts point to the obvious social conditionality of this situation. This position is argued by the fact that in this case the person's actions are more in line with the task of preventing the occurrence of socially dangerous consequences.

Degree of severity

It acts as one of the conditions for getting rid of responsibility. Under the crimes of small gravity, understand reckless or willful violations of the law, for which the guilty person faces no more than two years in prison, the average - no more than five. In addition, the law has a clause about other acts. Active repentance can act as a condition for getting rid of responsibility and for a different severity of the violation, if mention of this is present in the relevant article of the Code.

Cases of application art. 75

The list of crimes for which the guilty person is allowed to discharge is:

1. Abduction . If the subject voluntarily frees the victim, then punishment will not be applied to him.

2. The act of selling people, done for the first time. If the perpetrator voluntarily grants freedom to detained persons and assists in the disclosure of this crime (the establishment of other actors related to the act), he will not be held accountable.

3. Bribery and commercial bribery. Exemption from these crimes is allowed in the presence of one or several conditions established by law. Among them:

• Extortion of money from the guilty;
• Assistance in the investigation;
• Notification of law enforcement agencies about the crimes being prepared.

4. Preparing for a terrorist act or promoting terrorist activity. Elimination of liability comes when the law enforcement authorities are notified in time about the impending violation of the law or otherwise obstructing its commission.

5. Capture the hostage. The perpetrator will not be held accountable if, at the request of the authorities, he voluntarily releases the victim.

6. Participation in a criminal organization / community. You can escape punishment if you leave the gang on your own and assist in the disclosure of its criminal activities.

7. Participation in illegal armed formations. Elimination of liability is allowed with the voluntary withdrawal from the gang and the surrender of weapons.

8. Illegal acquisition, transportation, storage and other prohibited activities with narcotic / psychotropic drugs and weapons. To get rid of responsibility, the subject should hand over the crime subject and assist in the investigation.

9. Capture of power, state treason, espionage. The subject can be released from punishment if timely notifies the authorities about the crimes and prevents damage to the Russian Federation.

10. Participation in an extremist or other prohibited community. To remove liability, the subject must voluntarily leave such an association.

11. Desertion , committed for the first time and connected with difficult life circumstances or other unauthorized abandonment of the military unit.

12. False testimony in court. As a condition for exemption from liability in this case, a message is made about the unreliability of the information before the court makes a decision.

Specificity of the subject's behavior

Post-criminal actions of a person are characterized by a single time interval within which they can be implemented. This period lasts from the moment of completion or interruption of the violation to conviction. As general objective signs of active repentance, public utility and activity of behavioral acts of the guilty act. All forms of the latter are the purposeful actions of the subject. The purposefulness of post-criminal behavior emphasizes his active character. The person sets himself the task of easing his fate and mitigating the consequences that have come after the violation he committed. The subject, repentant, achieves the realization of the set goals.

Violations in the economic sphere

Active repentance for these illegal acts is not directly used. Nevertheless, the law provides for a number of conditions, under which the perpetrator can escape punishment. To them, as in criminal law, include compensation for damage and the primary commission of an unlawful act.

Categories of economic irregularities

Elimination of liability is allowed with:

1. Failure to fulfill the agent's obligations or failure to pay taxes for the first time, if the damage to the budget was fully compensated.
2. Banking prohibited by law.
3. Illegal receipt of targeted state credit or misuse of funds.
4. Malicious repayment of debt.
5. Unauthorized use of trademarks and other markings.
6. Illegal acquisition of property by organizers, participants of the competition to change their results.
7. Violations when issuing securities (in the absence of aggravating circumstances).
8. Conscientious evasion of the provision of information and violation of the registration of rights to shares and other securities.
9. Offenses during bankruptcy proceedings.
10. Manipulations in the market and preventing the realization of their opportunities by securities owners.
11. Non-payment of customs payments.
12. Illegal business in the absence of aggravating circumstances.

Elimination of liability for violations provided for in paragraphs 2 to 12 is allowed when committing them for the first time and damages in five times the amount.

Conclusion

As a general subjective feature of all behavioral acts involving active repentance, one goal is to ease one's fate when deciding on the issue of the use of punishment. Another important criterion is voluntariness. The subject must understand, be aware of the likelihood of liability and not wish for their occurrence for themselves. To get rid of punishment, the guilty person must take appropriate measures, carry out active actions to mitigate the consequences before he appears before the court.