У статті досліджено проблеми правового впливу, не пов’язаного з реальною (повною) кримінальною
відповідальністю, на неправомірну поведінку. Висвітлено теоретичні та прикладні проблеми такого
правового впливу.
The article investigates the problems of the legal influence on illegal behaviour not connected with real
(full) criminal responsibility. Theoretical and applied problems of such legal influence are covered. The author
considers the system of the norms that allow the person not to be brought to real or full trial on the legal
grounds. Several questions are covered in the article: which precepts of law allow the offender to avoid criminal
responsibility during the pre-judicial investigation or judicial proceedings; which norms allow the offender
to be exempted from criminal responsibility during the pre-judicial investigation or judicial proceedings;
and what allows the offender to be exempted from the punishment or serving during the judicial proceedings.
The procedural aspect of the usage of such norms is stated.
It is shown that the person might “avoid” criminal responsibility at the stage of pre-judicial investigation
as a result of application of the criminal precepts of law on exemption of criminal responsibility at the absence
of the essential elements of offense or an actus reus in the actions of the person, and also in the presence of
the circumstances excluding the crime of act. The procedural order of an exception of criminal responsibility
on the specified bases is described.
The author also lists the procedural rules of exemption of criminal responsibility of the offender in view of
the lack of the statement of the victim in criminal proceedings in the form of frequent charge. The procedural
order of exemption of criminal responsibility on the specified procedural basis is described in the article.
Extra attention is paid to the analysis of the criminal precepts of law establishing the general and special
views on release from criminal responsibility at the stage of pre-judicial investigation and judicial review. The
article describes the procedural order of release from criminal responsibility on the specified bases.
The article also analyses the criminal precepts of law on release from punishment at the resolution of a
sentence, and at the execution of a sentence. The author delineates the procedural order of release from punishment
at these stages of judicial proceedings.
