Compensation for harm caused to a victim in German Criminal law and reconciliation with a victim in Russian Criminal law: specifics of legal regulation

The article is devoted to the urgent problems of legal institutions of compensation for the victim of a criminal offense, and the problems of reconciliation with the victim. The object of the study is the social relations that arise between the person who committed the crime and the victim from the actions of the offender, and include the totality of actions taken by the perpetrator and his efforts to compensate for the harm. The authors examine the legal framework for compensation for harm to a victim using the example of Germany. The authors draw attention to the fact that such actions are considered by the German legislator only as circumstances mitigating punishment (§46 No. 2 para. 7 of the Criminal Code of Germany). The subject of the study is the norms enshrined in the Criminal Code of the Russian Federation and the Criminal Code of Germany, the authors pay special attention to paragraph 46a “Compensation for the victim and the person who committed the criminal offense, compensation for harm” (“Täter-Opfer-Ausgleich, Schadenswiedergutmachung”). Purpose of the article: to investigate the norm of Article §46a No. 1 of the Criminal Code of the Federal Republic of Germany - compensation to the injured person who has committed a criminal offense, as a basis for commuting or refusing to punish him. To study the institution of reconciliation with the victim, provided for in article 76 of the Criminal Code of the Russian Federation, with a view to whether it is a non-rehabilitating basis for exemption from criminal liability - in connection with the reconciliation of the suspect (accused) with the victim. Present a brief excursion into the history of these institutions, illustrate the work with examples from Russian and German judicial practice. To highlight the main signs of reconciliation in the criminal law context and the necessary components of compensation for the victim of a crime, according to the laws of the Russian Federation and Germany. Summarize statistical information on the number of terminated criminal cases in connection with reconciliation with the victim. Methodology and methods: to solve the goals and objectives set in this article, the authors widely apply scientific methods of induction, diduction, analysis, synthesis, as well as the comparative legal method and method of interpretation of legal norms. Conclusions: on the basis of a comparative legal study, the authors formulate the concept of reconciliation with the victim and make important recommendations for improving Russian legislation and law enforcement practice, taking into account existing foreign experience. Scope of the results: this work may be of interest to students of higher educational institutions, as well as graduate students exploring this area of criminal law. The material presented may be of interest to teachers of law schools and all researchers involved in the problems of criminal law of foreign countries and comparative law.

German criminal law, Russian criminal law, reconciliation with the victim, compensation to the victim by the perpetrator, exemption from criminal liability, commutation of sentence, refusal of punishment