Crime Category Change by the Court: A Socio-Criminological Analysis

The author analyses statistical data on the level and dynamics of court decisions on crime category changes, as well as the structure of crimes of a lesser category. It is noted that the guidelines, provided in 2013 by the Plenary Session of the Supreme Court of the Russian Federation and permitting exemption from criminal liability for persons who committed a grave crime the category of which was later changed, widened the scope of conditions for the application of exemption norms, and determined shifts in the structure of convictions for persons whose category was changed for a graver one. The reversion of a widened interpretation of norms in Chapter 11 of the Criminal Code of the Russian Federation (RF) in the special interpreting act of 2018 determined a “demand” for Part 6, Art. 15 of the Criminal Code of the RF for grave crimes. The abovementioned norm became a means used by the court power to lessen the inflated legal assessment of the public danger of criminal acts. The high competitive potential of Part 2, Art. 14 of the Criminal Code of the RF hinders the identified leadership of bank account thefts in the structure of crimes whose category is lessened by courts. The popularity of Part 6, Art. 15 of the Criminal Code of the RF on specific types of crimes testifies to the necessity of reconsidering the categories of the corresponding criminal acts. The character of criminal acts holding top positions among crimes with a changed category predetermines the leadership of reconciliation with the victims among the grounds for terminating criminal prosecution. At the same time, an insignificant share of crimes infringing on public interests among crimes with a lessened category is the result of a low relevance of active repentance. Exemption with a court fine was obviously facilitated by the efforts of the highest court body to increase the use of this criminal law measure. However, the absence of Art. 762 of the Criminal Code of the RF among the norms recommended by the Plenary Session of the Supreme Court of the RF when making decisions on the release of the convict due to changing the category of the incriminated crime predetermines the negative dynamics.