俄罗斯刑事责任免除制度研究

《俄罗斯联邦刑法典》第11章专门规定了刑事责任免除制度,但并未穷尽免除刑事责任制度的规范,其中没有涵盖因对未成年人适用教育感化措施而免除刑事责任的情形。免除刑事责任的制度主要包括:因积极悔过而免除刑事责任、经济领域犯罪免除刑事责任的相关案例、因与被害人和解而免除刑事责任。分析上述刑事责任免除制度的适用条件与根据,揭示立法技术上存在的缺陷以及法律适用过程中出现的问题十分必要。

Study of Russian Regulations on Release from Criminal Responsibility

The Criminal Code of Russian Federation (Crc)has specifically formulated rules on release from criminal responsibilities in Chapter 11 and yet with an open ending such as it has failed to include situa-tions for minors who have been applied to educational reform thus been released from criminal responsibility. This paper aims to cover the following aspects as the release from criminal responsibility upon volunteer repen-tance,economic cases on release from criminal responsibility and release for reconciliation with the victim. The analytical emphasis is on the application condition and legal ground so as to explore fallacies in legislative techniques and demonstrate problems in application of law.