THE CURRENT PROBLEMS OF EXEMPTION FROM CRIMINAL LIABILITY OF ACCOMPLICES AS A RESULT OF VOLUNTARY REFUSAL FROM A CRIME

Abstract

According to the new RA Criminal Code (adopted on 05.05.2021) the institution of voluntary refusal from a crime received a new content, new regulations different from the previous ones are envisaged, specifically regarding the Exemption from criminal liability of accomplices as a result of voluntary refusal from a crime. Based on the mentioned issue, researches on the subject are of current interest, will contribute to the formation of common approaches to interpretation and will facilitate the practical application of the new regulations.

The aim of the study was revealing the current problems of exemption from criminal liability of accomplices as a result of voluntary refusal from a crime, submitting proposals aimed at improving criminal legislation and law enforcement practice.

As a result of research, the author touched upon the available problems of legal regulations of voluntary refusal and presented his approaches for their solution.  Specifically special arrangements regarding the voluntary refusal from a crime in relation to certain manifestations of assistance in the author's opinion are incomplete and need some improvement. Besides, the author, referring to the expediency of providing a special regulation regarding the refusal of the co-perpetrator from a crime, found that the legal regulation on the voluntary refusal from a crime by the co-perpetrator could have been foreseen within the framework of legal regulation providing conditions for voluntary refusal from a crime of other accomplices -the organizer, the abettor or the assistant taking into account that they are completely identical.

The author also referred to the peculiarities of the voluntary refusal from a crime by the co-perpetrator, provided comments on existing regulations which can be useful in practice in correctly interpreting and applying the institution of voluntary refusal.