Some Problems of Responsibility for Unfinished Crimes in Russian Criminal Law
- Authors: Bikeev I.I.1, Klemin A.V.1, Zharov S.N.2
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Affiliations:
- Kazan Innovative University named after V.G. Timiryasov
- Chelyabinsk State University
- Issue: Vol 15, No 7 (2022)
- Pages: 135-140
- Section: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531801
- ID: 531801
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Abstract
The aim of the study is to improve criminal liability for unfinished crimes. In its course, problems were identified related to the qualification of unfinished crimes under Part 1 or Part 2 of Art. 105 "Murder" and under part 3 of Art. 30 “Preparation for a crime and attempted crime” of the Criminal Code of the Russian Federation, as well as the consequences of the implementation of the provisions of Part 2 and Part 3 of Art. 66 "Sentencing for an unfinished crime" of the Criminal Code of the Russian Federation. It is proposed to state paragraph “a” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation as follows: "two or more persons or associated with the preparation for the murder of another person or attempted murder of another person." Art. 66, it is proposed to add part 5 of the following content: “When imposing a punishment for preparing for a crime or attempted crime in cases where the perpetrator, in the process of committing it, by his actions (inaction) performed another corpus delicti, which is part of a crime that was not completed in the intended volume, the court has the right not to apply the rules provided for by parts 2 and 3 of this article if it establishes that the operation of these norms will lead to the imposition of a punishment that does not sufficiently take into account the nature and degree of social danger of socially dangerous actions (inaction) committed by a person. As an alternative to the last sentence, it is recommended to state part 3 of Art. 66 of the Criminal Code as follows: "The term or amount of punishment for an incomplete attempt to commit a crime may not exceed three-quarters of the maximum term or amount of the most severe type of punishment provided for by the relevant article of the Special Part of this Code for a completed crime."
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About the authors
Igor Izmailovich Bikeev
Kazan Innovative University named after V.G. Timiryasov
Email: bikeev@ieml.ru
Dr.Sci.(Law), Professor, Professor of the Department of Criminal Law and Procedure
Andrey Vladimirovich Klemin
Kazan Innovative University named after V.G. Timiryasov
Email: klemin@ieml.ru
Dr.Sci.(Law), Professor, Head of the Department of International and European Law
Sergey Nikolaevich Zharov
Chelyabinsk State University
Email: serzhar@mail.ru
Dr.Sci.(Law), Professor, Professor of the Department of Theory and History of State and Law
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