CONCEPTUAL VIEWS ON VOLUNTARY RENUNCIATION OF ATTEMPTED CRIME

Abstract

The issue of voluntary renunciation from the stage of attempted crime is complex. Since the doctrine of criminal law divides attempted murder into completed and incomplete, it is appropriate to consider the issue of voluntary renunciation from each type of murder separately. It is known that the doctrine of criminal law establishes that it is impossible to renunciation voluntarily after a completed murder. However, in recent years of scientific research a point of view on the possibility of voluntary renunciation and exclusion of criminal responsibility is put forward. It should be noted that this point of view is scientifically and theoretically controversial, on the basis of the analysis of the norms of criminal law theory and case law the author’s position is formed on the basis of the analysis of opinions on voluntary renunciation from the stage of attempted crime. According to the results of the study, the author came to a number of conclusions. The corpus delicti of the crime is relevant to determine the presence of voluntary renunciation from the commission of a crime. Voluntary renunciation from the incomplete phase of murder is possible and does not entail criminal responsibility. Also the possibility of controlling the development of a person’s offense in a voluntary renunciation from the attempt; the presence of a time interval between the act and the risk of socially dangerous consequences; a number of circumstances should be taken into account, such as the active implementation of voluntary renunciation.