Judicial penalty in criminal proceedings

Abravitova Iuliia Igorevna, Solovev Alexander Georgievich

This paper has summarized some aspects features of construction of norms of the material and procedural law regulating a subinstitute of a judicial penalty. The problems of theory and practice related to the scope of judicial discretion in the appointment of another measure of a criminal nature in the form of a judicial fine, and other problems of procedural implementation of exemption from criminal liability on this basis are studied. Object. Given the urgency of the problem, to analyze the implementation of this subinstitut at the present stage both in Russia and in foreign countries, to assess the prospects for improving legal norms. Findings. Suggestions Proposals to improve criminal procedure and criminal law: the change in the provisions of paragraph 2 of part 5 of article 446.2 code of criminal procedure, the introduction of special procedures for the appointment of judicial fine; extension of jurisdiction of the court. Conclusions. The author concludes that the current rules on judicial fines require a substantial correction in order to comply with the objectives of criminal proceedings and the criminal policy of the country as a whole.

Keywords:exemption from criminal liability, judicial fine