The life of a modern person is regulated by many various factors. However, the main coordinating system of society at all times was law. People invented it back in ancient Rome. Today, the law of our state is a system consisting of various industries, each of which regulates legal relations of a certain nature and orientation.
A rather specific area of ​​regulation is criminal law. This industry coordinates the relations that arise as a result of committing socially dangerous acts, that is, crimes. At the same time, criminal law includes in its structure not only certain norms, but also some institutions. The last element contains a set of uniform regulatory rules that govern individual relationships.
One of these institutions is the voluntary refusal to commit a crime. Of course, this name characterizes the specific behavior of persons who wish to carry out a socially dangerous act. However, few people know that voluntary abandonment of a crime also carries a large number of legal consequences. Therefore, we will try to find out the characteristic features of this institution and its role for the criminal law of the Russian Federation.
The criminal industry of the Russian Federation
Before understanding the features of such a category as voluntary refusal of a crime, it is necessary to analyze in detail the criminal branch of law as a whole. Currently, criminal law is a completely independent sphere of legal regulation. Its direct object is the legal relations associated with acts of a criminal nature, and the imposition of punishment for them. Moreover, there are many specific areas of human activity that are regulated by criminal law. The industry is simply necessary, given the modern progress of man. After all, criminals carry out their activities using more and more means, opportunities, etc. In this case, another task of criminal law is manifested - the organization of the protection of public relations from encroachments of a particularly dangerous nature. In addition, industry implementation is largely dependent on the individual and the degree of violation of his rights and freedoms. Depending on the harm done, responsibility for a specific act will increase or decrease.
Sources of Criminal Law
Any industry has sources that are its actual manifestation. That is, thanks to them, many regulatory mechanisms are implemented. In addition, not only certain norms are fixed in the sources, but also institutions, one of which is the object of study of this article. Thus, the following regulatory acts of the Russian Federation are the sources of the criminal industry: the Constitution of Russia, the Criminal Code.
The submitted documents include a number of mandatory norms, without which, in fact, the industry does not exist. Moreover, some legal constructions of the industry are directly provided for in the sources. For example, article 31, “Voluntary waiver of crime,” sets out the features of this institution. Therefore, the basic, basic statements about him must be sought in legislative acts. But first of all, the very concept of “voluntary refusal” should be analyzed.
Institute concept
Among all the existing institutions of the criminal industry, voluntary refusal is one of the most positive, judging by the favorable consequences for the personality of the criminal. The fact is that when analyzing the presented category, several factors must be taken into account.
Firstly, legal, which make it possible to apply a set of specific norms. Secondly, subjective factors, that is, a person’s attitude to his actions, are of great importance. However, first of all, it is necessary to understand what the described institution is in general.
To date, the voluntary abandonment of a crime is recognized as the actual termination of criminal activity by a person at the stage of preparation, if a person in this case had the opportunity to complete a socially dangerous act and understood the existence of such a possibility. In other words, this kind of activity is aimed at their own rehabilitation, in which a person realizes the negativity of what he wanted to do in the future. In this case, the nature of the act that the person wants to stop should be taken into account. It is always a crime.
This factor distinguishes the mentioned activity, for example, from such an institution as the denial of parental rights, voluntarily carried out by the relevant entities. In this case, we are talking about completely legal activity. After all, a voluntary refusal is manifested. The rights to raise a child are then transferred to the guardians. Activities of this kind have no negative features and do not have dangerous consequences. Thus, the denial of parental rights, voluntarily carried out by people who have the appropriate marital status, will have nothing to do with the cessation of criminal activity.
The social aspect of the institute
If there was a voluntary refusal, the commission of a crime will be avoided. The significance of such an act may be twofold. In addition to the purely legal “coloring,” the social component of the entire institution plays a large role. According to this interpretation, a voluntary refusal of a crime is recognized as an activity that impedes the further commission of a socially dangerous act, due to which the corresponding consequences do not occur.
The social aspect is that the implementation of this institution brings positive consequences for both the attacker and those around him. The offender makes a will to terminate his negative activities. That is, he actually changes at the psychological level, because his behavior is aimed at achieving a positive result. For society, the voluntary abandonment of the crime eliminates the most dangerous consequences.
In other words, the existing regime of legal relations does not change. Thus, the presented institution is important not only for the criminal branch of law, but also for the social sphere of human life.
Signs of voluntary refusal
The cessation of criminal activity exists only if there is a certain number of signs. However, they, in turn, are divided into two groups. To date, theorists of criminal law distinguish objective and subjective signs. The first set of characteristics relates exclusively to action. Other signs directly characterize the identity of the offender. These groups must be considered separately in order to understand the features of the said institution as fully as possible.
Signs of an objective nature
Voluntary refusal is recognized as the moment when a socially dangerous act is not actually committed. In this case, the conditions for the implementation of the criminal plan are favorable, that is, there is a direct opportunity to bring it to the end. In this case, the sign is characterized not by the person’s attitude to his actions, but by the moment of rejection of them. The fact is that you can stop in the process of implementing malicious intent only at a certain moment. When the "point of no return" comes, then the application of the institution described in the article is no longer possible.
In the theory of criminal law, there is much debate about the time when a voluntary refusal is real. Of course, the institute is applicable at the stage of preparation for the crime. This stage is characterized by the fact that a person “adjusts” the conditions of reality, so that they become favorable for the implementation of the crime. In this case, the refusal is quite real, because the person does not actually proceed with any actions that may cause socially dangerous consequences in the future.
Scientists take a completely different position in relation to the attempted crime. The fact is that the stage presented is characterized by the actual execution of the criminal composition. Therefore, voluntary rejection at this stage is a highly controversial issue. Indeed, it was during the attempt that the mechanism of the crime gets out of the control of the attacker, which may lead to the onset of consequences in the future. Nevertheless, some theorists say that voluntary rejection is possible at the stage of an unfinished attempt.
Subjective symptoms
If there was a voluntary refusal, the completion of the crime will not happen. Such a solution cannot be considered without objective evidence. However, in the process of analyzing an act with the aim of applying the institution, as a rule, signs of a subjective nature play a more significant role. Moreover, a person’s attitude to his actions is characterized by a whole system of certain conditions. Thus, a voluntary refusal of a crime is possible if there are the following signs:
- voluntary refusal;
- full awareness of the possibility of bringing a criminal plan to its logical end;
- finality of failure.
These signs have their own characteristic features that must be considered separately.
Features of volunteerism
The refusal of a crime should entirely come from the person who carries it out. In other words, the presence of understanding and agreement with the end of their activities is necessary. The offender must be in an environment where nothing presses him. If the refusal was realized due to persuasion of other people or due to the circumstances, then it cannot be considered voluntary. This subjective sign shows the criminal's awareness of the freedom of his actions. However, he does not want to realize them. But the sign of voluntariness allows the presence of internal beliefs, motives, on the basis of which a person stops the implementation of a particular corpus delicti.
Awareness of their abilities
Quite often in law enforcement practice aimed at implementing the described institution, the question arises of the reality of a person’s awareness of the possibility of bringing the crime to the end. This feature plays a very large role. After all, it implies the fact that a person realizes that there are no obstacles to the fulfillment of his plan. In this case, the subjective and objective reality comes into contact. The specific situation should not prevent the commission of a crime. That is, if desired, a person can realize intent. At the same time, the termination of criminal activity does not occur due to the fact of suppression by third parties, but in connection with internal convictions, for example, fears of further punishment.
In all cases, this subjective moment must be taken into account. Indeed, thanks to him, one can distinguish a voluntary refusal from the fact of failure in the process of implementing intent. As we understand it, the described institution of criminal law will exist if the relevant authorities in the course of their activities prove the existence of this feature in the actions of a person.
Final failure
Another extremely important subjective moment is the unconditional and final rejection of criminal activity. This feature is characterized by the fact that a person must completely abandon his negative role in society. That is, this position eliminates the occurrence of relapse. If, with an allegedly voluntary refusal of a crime, a person only postpones the implementation of his plan, then this will not fall within the scope of the institute. In this case, we see an ordinary suspension of negative activity.
Responsibility for voluntary refusal of crime
The criminal liability in the presence of the institution described in the article has its own specific features. For a person who refused to commit a criminal act, no negative legal measures are applied. However, if in the process of preparing for a crime a person has implemented the composition of another action provided for by the existing criminal law, then he is liable for it. Thus, a complete liberation from the negative reaction of the state occurs only in the absence of other socially dangerous acts.
If we talk about the presence of complicity, then there are some features. The bottom line is that the activities of the organizer, instigator and accomplice should be terminated. At the same time, these partners are obliged to implement all actions depending on them in order to further prevent the onset of socially dangerous consequences or the actual implementation by the contractor of his plan. In addition, the liability of an accomplice is excluded even in the event of a crime. The main thing is that he carry out all the actions depending on him to prevent the onset of consequences. Such inequality in qualifications is due to the fact that the organizer and instigator actually create all the conditions for the commission of a crime. The accomplice, in turn, as a figure of complicity, does not enter the game immediately. However, his activities are not of particular importance. Therefore, the conditions of exemption for liability for accomplices are simpler.
Voluntary refusal and active remorse: the difference between institutions
It so happened that in the criminal branch of law there are a large number of diverse institutions, despite the imperativeness of the presented sphere of regulation of public relations. However, many legal constructions in some cases are very similar to each other. Such today is the institution of voluntary refusal to commit a crime and active repentance. In both cases, the person who committed or is preparing to commit a crime abstracts from his activities. But these institutions imply completely different legal constructions of application. This begs the question of what is the difference between voluntary abandonment of active repentance? First of all, it is necessary to consider the similarity of these institutions. It manifests itself in the following positions:
1) In both cases, human actions are purely behavioral.
2) Institutions are applicable exclusively to subjects of criminal responsibility who have begun to commit a crime or have already implemented it.
3) The motives for committing a socially dangerous act do not matter.
4) Both institutions determine the positive behavior of a person after the commission of a crime, through favorable measures of a criminal law nature.
The presented features clearly show the similarity of institutions. With regard to their differences, there are several main aspects. First of all, both institutes have completely different fields of application. For example, voluntary refusal exists only for unfinished criminal activity, and active repentance exists for an already committed socially dangerous act.
In addition, the difference in institutions is also manifested in legal consequences. When we talk about voluntary refusal, criminal liability does not occur at all, regardless of the severity of the planned crime and other aspects. The institute of active repentance does not provide for this. Exemption from criminal liability is possible only with the commission of crimes of medium and low gravity. In other cases, repentance is qualified as a mitigating circumstance.
Thus, the institutions presented are largely similar to each other. Nevertheless, their application is carried out in the presence of completely different legal and factual conditions.
Conclusion
So, we tried to consider the concept of voluntary refusal of a crime, the features of its application and the difference from other related institutions of criminal law. It should be noted that the study of the legal characteristics of the issues mentioned in the article is simply necessary. Because the use of the institute very often occurs in the practical activities of law enforcement and judicial bodies of our state. As we understand, for the effective implementation of the provisions of voluntary refusal, theoretical developments must exist.