Grounds for Changing the Category of Crime to Less Serious One

With the introduction in December 2011 of Part 6 of Art. 15 in the Criminal Code of the Russian Federation, the court acquired an additional tool that allows it to make the most objective and variable decisions in criminal cases. Despite the effect of this legislative establishment for more than 10 years, the provisions of Part 6 of Art. 15 of the Criminal Code of the Russian Federation and today do not lose their relevance for researchers. At the same time, it is worth noting that the question of the basis for changing the category of crime in special literature is rarely touched upon. In works that to one degree or another comprehend it, it is often presented superficially. However, a clear understanding of this issue forms the basis, taking into account which it will be possible to determine the true purpose of the institution of changing the category of crime. Moreover, the results of research by the scientific community on the declared topic will be of not only theoretical significance, but also practical value for law enforcement officers. Since in each criminal case the court must resolve the issue of whether there are grounds for changing the category of crime to less serious one. In addition, the judge made the decision to change or no-change the category of the crime to a less serious one sets out the motives confirming the validity of his decision. The article presents the author's understanding of the basis for changing the category of crime to less serious, as well as analyzed individual court decisions in terms of arguing the presence or absence of a basis for changing the category of crime to less serious.

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Publication Details

Journal
Baikal Research Journal
Published
2024-08-31
DOI
https://doi.org/10.17150/2411-6262.2024.15(3).956-964
Primary Topic
Wildlife Conservation and Criminology Analyses
Type
article
Field-Weighted Citation Impact
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article

Grounds for Changing the Category of Crime to Less Serious One

E. V. Mozina
Baikal Research Journal
Wildlife Conservation and Criminology Analyses
article

Grounds for Changing the Category of Crime to Less Serious One

E. V. Mozina
article en

Abstract

With the introduction in December 2011 of Part 6 of Art. 15 in the Criminal Code of the Russian Federation, the court acquired an additional tool that allows it to make the most objective and variable decisions in criminal cases. Despite the effect of this legislative establishment for more than 10 years, the provisions of Part 6 of Art. 15 of the Criminal Code of the Russian Federation and today do not lose their relevance for researchers. At the same time, it is worth noting that the question of the basis for changing the category of crime in special literature is rarely touched upon. In works that to one degree or another comprehend it, it is often presented superficially. However, a clear understanding of this issue forms the basis, taking into account which it will be possible to determine the true purpose of the institution of changing the category of crime. Moreover, the results of research by the scientific community on the declared topic will be of not only theoretical significance, but also practical value for law enforcement officers. Since in each criminal case the court must resolve the issue of whether there are grounds for changing the category of crime to less serious one. In addition, the judge made the decision to change or no-change the category of the crime to a less serious one sets out the motives confirming the validity of his decision. The article presents the author's understanding of the basis for changing the category of crime to less serious, as well as analyzed individual court decisions in terms of arguing the presence or absence of a basis for changing the category of crime to less serious.

Baikal Research JournalVol. 15(3)
Kutafin Moscow State Law University (RU)
Openalex Percentile: Top 74%
Wildlife Conservation and Criminology Analyses
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Grounds for Changing the Category of Crime to Less Serious One — E. V. Mozina · Baikal Research Journal (2024) | TGRS Research Map | TGRS