SOME ASPECTS OF TERMINATION OF A CRIMINAL CASE ON GROUNDS OF REHABILITATION
Keywords:
responsibility, termination of a criminal case, rehabilitation, release from liability termination of a criminal case on non-rehabilitating grounds, non-rehabilitating grounds, elements of the crime, statute of limitations for liability, reconciliationAbstract
This article analyzes specific aspects of the termination of a criminal case on rehabilitation grounds based on the norms of criminal and criminal procedural legislation at the stage of implementation of judicial and legal reform, as well as some problems that arise when terminating a criminal case on these grounds. The article explores the scope of application of this institution through the views of scientists on justification based on the basics of rehabilitation in criminal cases. Based on the views and ideas of scientists, the termination of a criminal case on rehabilitation grounds was analyzed using scientific, theoretical, practical and legislative norms. The article also analyzes the role and significance of termination of a criminal case on the grounds of rehabilitation at the stage of completion of the inquiry and preliminary investigation, its specifics, some problems arising in the Criminal Procedure Legislation and judicial investigative practice. The article carries out a comparative analysis of the opinions presented by scientists on the grounds for termination of a criminal case on rehabilitation grounds, considers the concepts contained in the definitions given by them, based on our legislation, the grounds for termination of a criminal case were separated into a separate classification based on various criteria. Based on the results of the analysis, relevant conclusions, proposals and recommendations were developed to improve the institution of termination of a criminal case on the basics of rehabilitation in criminal proceedings.