Criminal Law: Aspects of Action and Interpretation

In 1996, the new Criminal Code of Russia was adopted , which replaced the Soviet. It is necessary to attach special importance to this, because the new legislation has tried to significantly change the system itself. A number of compositions have lost force, and the punishment has been brought into line with international acts that our country signed at that time. The criminal law seeks to become the basis for protecting the life and health of citizens. The protection of state interests is now given secondary importance.

criminal law
Criminal Law

This is a complex issue that causes controversy in the scientific community. But for law enforcers, it is important that there are unambiguous provisions that guide the direct implementation of the law. The action involves three components that need to be revealed: in time, in space and in a circle of persons.

Action in time

The most important position, because it is on this that the fate of the person who has violated the norm depends. As a general rule, a law cannot have retroactive effect. The criminal law has this provision, but in general this concept is general legal. There are exceptions, of which there are only two. One of them is if the crime of the act is eliminated. For example, a person is serving a sentence under speculation. The current criminal law does not have such a composition, so the person is released. The second is related to extenuating circumstances. If the newly adopted norm softens the fate of the offender or in any way improves the situation, then it applies.

criminal law
Action in space and in a circle of persons

The question is not complicated, therefore, combined into one. In space, the criminal law applies to the entire territory of the Russian Federation (land, water, airspace), as well as to the continental shelf and the exclusive economic zone. With regard to actions on a circle of persons, then, of course, the rules apply to all citizens of the Russian Federation. There are other categories of people: those who permanently live in Russia but do not have citizenship (stateless persons), foreigners and stateless persons whose crimes are directed against the state, as well as military personnel whose units are not on the territory of the country.

Interpretation of the criminal law

Allocate a lot of types of interpretations. We will not describe them in detail, because the essence is that there is an official interpretation and a complex of unofficial ones. Official means the authorized body that gives it. The State Duma may comment on articles. In addition, there is a higher court - the Supreme Court. The decisions of the Plenum give an official interpretation. Criminal law is an established industry, and changes here are not so frequent. Nevertheless, there are doctrinal interpretations that are contained in the writings of theoretical scientists (textbooks, dissertations, etc.). There are other kinds of interpretations, such as literal, restrictive or grammatical.

interpretation of criminal law
Value

The criminal law is intended to establish the principles of responsibility and punishment for committed acts. At the same time, it is necessary to fulfill the main constitutional task - to protect the life and health of citizens of the country. And only in the background are the interests of society and the state.

Source: https://habr.com/ru/post/K6653/


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