Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020)

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On the Civilian Limits of State Charges of Crimes and Criminals: Reflections on the “Other Cheek”

Authors
N.A. Lopashenko
Corresponding Author
N.A. Lopashenko
Available Online 24 March 2020.
DOI
10.2991/assehr.k.200321.105How to use a DOI?
Keywords
state forgiveness of criminals, criteria for exemption from criminal liability
Abstract

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.

Copyright
© 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/).

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Volume Title
Proceedings of the XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
24 March 2020
ISBN
10.2991/assehr.k.200321.105
ISSN
2352-5398
DOI
10.2991/assehr.k.200321.105How to use a DOI?
Copyright
© 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

risenwbib
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  -