Stepanov P. Dismissal of criminal cases on the grounds of active repentance

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0408U005272

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

21-11-2008

Specialized Academic Board

Д 26.007.01

National Academy of Internal Affairs

Essay

This dissertation deals with the problems of dismissal of criminal cases and discharge of a person from criminal liability on the grounds of active repentance. The following questions are investigated: essence, significance and conse-quences of dismissal of criminal cases on the grounds of active repentance, active repentance proof, and the procedure of discharge of a person from criminal liabil-ity. The author of this dissertation has come to the conclusion that discharge of a person from criminal liability on the grounds of active repentance presupposes the necessity to state that a person is guilty of committing a crime. The impossibility of dismissal of criminal cases on the grounds of active repentance at the stage of preliminary case consideration is grounded. The author has formulated suggestions for improving the norms of existing criminal and criminal-procedural legislation, which are relevant to this problem.

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