Active repentance is a useful (in terms of law) behavior of the subject. It includes not only moral torment over the wrongful act committed by him. Compulsory component of the behavior is the compensation for the damage caused to the victim. Let us consider in more detail the features of the application of this category.
General information
The Criminal Code does not contain a clear explanation of what active repentance is. However, Art. 75. In the CPC, it is mentioned in Art. 25. Thus, for example, the Penal Code provides for conditions under which exemption is allowed in connection with active repentance. This is possible when the subject commits certain behavioral acts. These include, but are not limited to:
- Assistance to law enforcement in the investigation.
- Turnout.
- Compensation for harm.
These conditions in practice apply to persons who have committed crimes of small and medium gravity, as well as those who are brought to justice for the first time. As a result of the above behavioral acts, the subject must cease to pose a danger to society. However, it is impossible to say reliably that a person who committed an illegal act and was not brought to justice in connection with active repentance became harmless to society.
Important point
In the legislation there is no mention of motivation, which pushes the subject to active repentance. Meanwhile, this is a rather important point. Knowing the subject’s motivation, one can predict whether he will break the law another time or not, which will be more appropriate at the moment: termination of the criminal case or application of a proportionate punishment act. In practice, the burden of responsibility regarding the decision to apply the provisions of Art. 75 rests with the conviction of the inquiry officer, judge or investigator.
Mandatory features
Termination of a criminal case is allowed when:
- A minor severity violation.
- The first prosecution.
- The confession.
- Assisting in the investigation.
- Compensation for damage resulting from a crime.
- Lose public danger.
Voluntary refusal and active remorse
The above signs can act as criteria by which these two categories differ. The main difference is the intensity of those physical efforts that are aimed at achieving the goal. So, in case of voluntary refusal, the subject is in a passive state. In this case, he does not commit a crime voluntarily and does not take the real opportunity to break the law. Active repentance, in contrast, is active behavior. It takes place after the violation of the requirements of the law, as well as the events that occur after that (at the beginning of the investigation, this, in particular, confession, assistance in disclosure, etc.). Such activity, according to some experts, is permissible at any stage of the process. But exemption from liability is possible only within the framework established by Art. 75 with a combination of these properties and features. In other cases, the positive acts of the perpetrator may act as extenuating circumstances.
Differentiation of categories
As mentioned above, voluntary rejection is a passive behavior of the subject. However, in some cases, it can be active:
- When it can be expressed exclusively in active actions to eliminate the conditions created by persons for violation of the law.
- When it is committed at the end of the assassination attempt.
It is worth saying, however, that the latter provision cannot be considered indisputable, since a number of authors believe that at this stage only active repentance is permissible, but not voluntary refusal.
The latter is possible at the stage of a complete assassination attempt only when there is a time gap between the actions already committed and the consequences from them, or the subject is able to interrupt the formation and development of a causal relationship with his opposition. Experts point to the obvious social conditionality of this situation. This position is argued by the fact that in this case the actions of a person are more consistent with the task of preventing the occurrence of dangerous consequences for society.
Severity
She acts as one of the conditions for getting rid of responsibility. Small crimes are understood as reckless or deliberate violations of the law, for which the perpetrator faces no more than two years in prison, the average - no more than five. In addition, the law has a reservation regarding other acts. Active repentance can act as a condition for getting rid of responsibility and for a different degree of severity of violation, if mention is made of this in the corresponding article of the Code.
Cases of Art. 75
The list of crimes for which the perpetrator can be relieved of responsibility includes:
1. The abduction . If the subject voluntarily releases the victim, then punishment will not be applied to him.
2. The act of selling people for the first time. If the guilty party voluntarily provides freedom to the detainees and will assist in the disclosure of this crime (the establishment of other entities related to the act), he will not be held accountable.
3. Giving a bribe and commercial bribery. Exemption from these crimes is allowed in the presence of one or more conditions established by law. Among them:
- extorting money from the guilty person;
- investigation assistance;
- notification of law enforcement agencies about impending crimes.
4. Preparing for a terrorist attack or promoting terrorist activity. Disposal of liability occurs with timely notification of law enforcement authorities about an impending violation of the law or with any other obstacle to its implementation.
5. Hostage taking. The guilty person will not be held liable if, at the request of the authorities or voluntarily releases the victim.
6. Participation in a criminal organization / community. Punishment can be avoided by independently leaving the gang and by assisting in the disclosure of its criminal activity.
7. Participation in illegal armed groups. Disposal of liability is allowed for voluntary withdrawal from the gang and surrender of weapons.
8. Illegal acquisition, transportation, storage and other prohibited activities with narcotic / psychotropic drugs and weapons. To get rid of liability, the subject should hand over the subject of the crime and assist in the investigation.
9. The seizure of power, treason, espionage. The subject can be released from punishment if he timely notifies the authorities of crimes and prevents damage to the Russian Federation.
10. Participation in an extremist or other prohibited community. To remove responsibility, the entity must voluntarily leave such an association.
11. Desertion , committed for the first time and associated with difficult life circumstances or other unauthorized abandonment of the military unit.
12. False testimony in court. As a condition for exemption from liability in this case, there is a message about the inaccuracy of information before the court makes a decision.
The specific behavior of the subject
The post-criminal acts of a person are characterized by a single time period within which they can be carried out. This period lasts from the moment a violation is completed or interrupted to a conviction. The general objective signs of active repentance are the public utility and the activity of the behavioral acts of the culprit. All forms of the latter are the deliberate actions of the subject. Purposefulness of post-criminal behavior emphasizes its active character. The person sets himself the task of alleviating his fate and mitigating the consequences that occurred after the violation he committed. The subject, repenting, achieves the implementation of the goals.
Violations in the economic sphere
Active remorse for these illegal acts is not directly used. Nevertheless, the law provides for a number of conditions under which the perpetrator can avoid punishment. To them, as in criminal law, include compensation for damage and the initial commission of an unlawful act.
Categories of economic disruption
Disposal of liability is allowed when:
- Failure to fulfill agent’s obligations or non-payment of taxes committed for the first time if damage to the budget was fully compensated.
- Banking prohibited by law.
- Illegal obtaining of targeted state credit or misuse of funds.
- Bad debt repayment.
- Misuse of trademarks and other markings.
- Illegal acquisition of property by the organizers, participants in the competition to change their results.
- Violations in the issue of securities (in the absence of aggravating circumstances).
- Conscious avoidance of the provision of information and violation of the accounting of rights to shares and other securities.
- Bankruptcy offenses.
- Market manipulation and obstruction of the realization of their capabilities by securities owners.
- Non-payment of customs duties.
- Illegal business in the absence of aggravating circumstances.
Disposal of liability for violations provided for in paragraphs 2 to 12 is permitted when they are committed for the first time and compensation for harm is fivefold.
Conclusion
As a general subjective attribute of all behavioral acts involving active repentance, there is one goal - to alleviate one's fate when the court decides on the application of punishment. Another significant criterion is voluntariness. The subject must understand, be aware of the likelihood of the onset of responsibility and not wish them to arise for himself. To get rid of the punishment, the guilty person must take appropriate measures and take active steps to smooth out the consequences before he is brought to trial.