Problems of applying a judicial fine as a basis for exemption from criminal liability

Abstract

Researchers draw attention to the problem of the possibility for law enforcement officers to terminate a criminal case with insufficient evidence by applying a court fine. The reason for this is the desire to increase crime detection or the desire to implement corruption schemes. In this case, a deliberate erroneous qualification of a crime often occurs with a decrease in its category. The unwillingness of law enforcement officials to conduct a full investigation can also lead to the deliberate proclamation of a person who has not committed a socially dangerous act. Judicial fines as a basis for exemption from criminal liability are non-rehabilitating. The termination of a criminal case on any non-rehabilitating basis, along with a criminal record, is reflected in the records of the Ministry of Internal Affairs of Russia. In this regard, a person who is not necessarily a criminal may be subject to a number of restrictions on the choice of areas of work. There is a problem associated with the lack of proper informing suspects and accused of the nature and consequences of a fine. In this regard, we propose to provide in Art. 446.2 of the Code of Criminal Procedure, the following note: “An investigator or interrogating officer who has ordered the court to petition for the termination of a criminal case or criminal prosecution in respect of a suspect or accused of committing a crime of light or medium gravity and impose a criminal measure in the form of a judicial fine to this person explain to the suspect or the accused the legal consequences of applying a criminal law measure to him in the form of a court fine. In the event that a criminal case or criminal prosecution is terminated by a court with the appointment of a person who is exempted from criminal liability, a criminal-law measure in the form of a judicial fine, provided for in Article 104.4 of the Criminal Code of the Russian Federation, the judge must explain to the accused (defendant) the legal consequences of applying to him criminal law measures in the form of a judicial fine”.