The significance of data on a perpetrator of a crime for determining the system and choice of criminal liability measures

Introduction. The article examines the dynamic nature of criminal liability and the role of data on a perpetrator of a crime in the process of its implementation. Three key stages of its development are identified: establishment, bringing to responsibility and implementation of criminal liability. It is emphasised that the volume and significance of information about a criminal reach their maximum at the final stage. Methods. The study used methods such as analysis, synthesis, generalisation, formal legal analysis, as well as the method of interpreting legal norms and a number of other documents. Results. The study of the functional relationship between data on a person who committed a crime and the system of criminal law measures led to the following conclusions: a) criminal law measures constitute a system of measures that can only be applied within the framework of criminal liability, and therefore exemption from criminal liability cannot be considered part of the system of criminal law measures; it represents the state’s refusal to enforce liability; b) with regard to a person who has committed a crime and who continues to pose a criminal threat, the following criminal law measures may be applied: punishment, suspended sentence, exemption from punishment in connection with a change in circumstances, deferral of punishment, deferral of serving a sentence for a drug addict, exemption from punishment with the application of educational measures or placement of a minor to a special custodial institution; c) data on the personality of a person who committed a crime reflect a wide range of his negative and positive characteristics, among which indicators of the level of public danger are leading in deciding on the need to implement criminal liability and on the choice of the form of its implementation.

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Publication Details

Journal
Vestnik of the St Petersburg University of the Ministry of Internal Affairs of Russia
Published
2025-09-29
DOI
https://doi.org/10.35750/2071-8284-2025-3-116-124
Primary Topic
European Criminal Justice and Data Protection
Type
article
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article

The significance of data on a perpetrator of a crime for determining the system and choice of criminal liability measures

Valentina N. Kufleva
Vestnik of the St Petersburg University of the Ministry of Internal Affairs of Russia
European Criminal Justice and Data Protection
article

The significance of data on a perpetrator of a crime for determining the system and choice of criminal liability measures

Valentina N. Kufleva
article en

Abstract

Introduction. The article examines the dynamic nature of criminal liability and the role of data on a perpetrator of a crime in the process of its implementation. Three key stages of its development are identified: establishment, bringing to responsibility and implementation of criminal liability. It is emphasised that the volume and significance of information about a criminal reach their maximum at the final stage. Methods. The study used methods such as analysis, synthesis, generalisation, formal legal analysis, as well as the method of interpreting legal norms and a number of other documents. Results. The study of the functional relationship between data on a person who committed a crime and the system of criminal law measures led to the following conclusions: a) criminal law measures constitute a system of measures that can only be applied within the framework of criminal liability, and therefore exemption from criminal liability cannot be considered part of the system of criminal law measures; it represents the state’s refusal to enforce liability; b) with regard to a person who has committed a crime and who continues to pose a criminal threat, the following criminal law measures may be applied: punishment, suspended sentence, exemption from punishment in connection with a change in circumstances, deferral of punishment, deferral of serving a sentence for a drug addict, exemption from punishment with the application of educational measures or placement of a minor to a special custodial institution; c) data on the personality of a person who committed a crime reflect a wide range of his negative and positive characteristics, among which indicators of the level of public danger are leading in deciding on the need to implement criminal liability and on the choice of the form of its implementation.

Vestnik of the St Petersburg University of the Ministry of Internal Affairs of RussiaVol. 2025(3)
Kuban State University (RU)
Openalex Percentile: Top 66%
European Criminal Justice and Data Protection
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The significance of data on a perpetrator of a crime for determining the system and choice of criminal liability measures — Valentina N. Kufleva · Vestnik of the St Petersburg University of the Ministry of Internal Affairs of Russia (2025) | TGRS Research Map | TGRS