Active repentance: classification. Compensation for damage caused

General information

The Criminal Code does not contain a clear explanation of what active repentance is. However, this category is devoted to Art. 75. In the Code of Criminal Procedure it is mentioned in Art. 25. For example, the Criminal Code provides for conditions under which release on the basis of active repentance is permitted. This is possible when the subject performs certain behavioral acts. These include, in particular:

1. Assisting law enforcement agencies in investigations.
2. Confession.
3. Compensation for damage caused.

These conditions in practice apply to persons who have committed crimes of minor and medium gravity, as well as those 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 reliably say that a person who committed an illegal act and was not brought to justice due to active repentance has become harmless to society.

Criminal legal significance of active repentance

The criminal legal significance of active repentance is that it helps to establish objective and subjective signs of an act, since it includes admission of guilt and repentance for the crime committed, as well as surrender, assistance in solving the crime, compensation for damage caused, and making amends for the harm caused. and other active actions that objectively confirm the veracity of this testimony.

With active repentance, the person who committed the crime, negatively assessing his actions and the actions of his accomplices, voluntarily and in detail reveals all the circumstances of the crime, clarifies and specifies the form and degree of his guilt and the guilt of his accomplices, the motives and goals of the act, the clarification of which can be no less difficult than the establishment the actual circumstances of the crime.

The criminal legal significance of active repentance lies in the possible prevention of a person committing new crimes and is a prerequisite for his correction and re-education. Positive post-crime behavior of a person who has committed a crime is also a fairly effective means of preventing crimes and helps to identify and eliminate the causes and conditions that contributed to their commission. Criminal legislation attaches great importance to the behavior of the perpetrator after the commission of a crime, his attitude towards the crime, the prevention and elimination of the harmful consequences of a criminal act, the desire to make amends for the harm caused, to atone for guilt before society.[4]

If there are circumstances mitigating the punishment, positive post-criminal behavior, active repentance of the person who committed the crime, the law in certain cases provides for a significant mitigation of the criminal punishment or complete release from criminal liability.

In this regard, the wider use of the institution of active repentance for a crime in criminal and criminal procedural legislation, as well as in the practical activities of preliminary investigation bodies, inquiries, prosecutors and courts, is of great theoretical and practical importance.

If there are signs of active repentance in the behavior of the suspect or accused at the initial stage of the investigation, the volume, nature and direction of operational investigative measures and investigative actions change.

Active repentance creates the opportunity to reduce the time of investigation and the material and financial costs of conducting operational search and investigative actions to solve crimes and establish all factual circumstances relevant to the case. In certain situations, active repentance may also indicate a reduction in the degree of social danger of the person who committed the crime, especially in cases if it manifests itself in voluntary confession, prevention of harmful consequences, and making amends for the damage caused. This content of active repentance can be spoken of in relation not only to crimes of minor gravity, but also to crimes of other categories in cases provided for by law. At the same time, one should not exaggerate the ability of active repentance to reduce the degree of social danger of a committed antisocial act. Indeed, if a person who has committed a particularly serious crime subsequently shows active repentance for what he has done, then as a result such an act and the person who committed it will not always be less dangerous.

At the same time, if, when committing careless crimes, crimes in the economic sphere and some others, active repentance implies the possibility of negative consequences, or if the material and moral consequences are reduced, eliminated or smoothed out, then there may be a reduction in the social danger of the subject of the crime. Socially useful post-criminal behavior can objectively indicate a person’s negative attitude towards the committed act.

Active repentance can provide prevention of a specific crime or a specific group of crimes. Thus, a person who participated in the preparation of an act of terrorism, by timely reporting this to the authorities, prevents the commission of grave (Part 1 of Article 205 of the Criminal Code) and especially grave (Parts 2, 3 of Article 205 of the Criminal Code) crimes, the commission of which may lead to entail grave consequences. Exemption from criminal liability of bribe-payers and persons who have committed commercial bribery contributes to the detection of crimes that have a high latency (Article 290, Article 204 of the Criminal Code of the Russian Federation), the prevention of new crimes by officials and persons performing managerial functions in commercial and other organizations.

The use of the institution of active repentance for a crime makes it possible to save criminal repression, reduce the number of convicts and recidivism in society, and persuade certain categories of persons who have committed a crime to detect and voluntarily eliminate or mitigate the harmful consequences of their crime.

The active repentance of convicts held in places of deprivation of liberty is important for the disclosure and investigation of crimes of past years. The presence of incentive provisions of the criminal law in connection with the active repentance of the perpetrators, when they can count on leniency, is an incentive for such persons to confess and an incentive for them to critically evaluate their past. This was confirmed by the results of surveys of convicts themselves, 92% of whom believe that the provisions of the law on active repentance contribute to the detection of such crimes. Active repentance, along with the performance of a general criminal preventive function, in some cases can ensure the prevention of a specific crime or a certain group of crimes.

Thus, the preventive value of active repentance for high treason, violent seizure or retention of power is to prevent the occurrence of actual damage to the sovereignty, territorial integrity, state security and defense capability of our country. The real harm that may arise as a result of the criminal actions of the subject increases the degree of public danger of high treason. A means of preventing the socially dangerous consequences of a crime in this case is the law on the non-punishability of persons recruited by foreign intelligence.

In accordance with Art. 75 of the Criminal Code of the Russian Federation, the concept of active repentance for a crime includes circumstances mitigating punishment (Article 61 of the Criminal Code of the Russian Federation). Among them are such as voluntary confession, contributing to the detection of a crime, compensation for damage caused or making amends for harm caused as a result of a crime. Therefore, in the presence of these circumstances, and in fact in the presence of active repentance of persons for crimes for which the law does not provide for exemption from criminal liability on the basis we are considering, when imposing punishment in accordance with Art. 60 of the Criminal Code of the Russian Federation, the court is obliged to take into account active repentance and mitigate the punishment.

2. Exemption from criminal liability due to active repentance

An analysis of the criminal legislation of past years shows that active repentance as an independent type of exemption from criminal liability was previously not known to criminal law. This circumstance was considered only in the context of mitigating circumstances and was taken into account when assigning punishment (clause “a” of Article 38 of the Criminal Code of the RSFSR).

Part 1 art. 75 of the Criminal Code of the Russian Federation (as amended by the Federal Law of the Russian Federation dated December 8, 2003) provides for exemption from criminal liability in connection with active repentance.

Along with two criminal legal conditions for exemption from criminal liability in connection with active repentance, the legislator in Part 1 of Art. 75 of the Criminal Code of the Russian Federation also indicates three grounds, in the presence of which the law enforcement officer has the right to decide the issue of exemption from criminal liability.

This:

-voluntary surrender;

— assistance in solving a crime;

- compensation for damage caused or otherwise making amends for harm caused as a result of the crime.

The first of the mandatory grounds for exemption from criminal liability is the voluntary surrender of the person who committed the crime. Voluntariness means that the person had a real opportunity not to confess, but, nevertheless, chose to inform the criminal justice authorities about what he had done.

The statement of confession must contain information about the crime committed by the applicant and be addressed to the authorities of the court, prosecutor's office, investigation or inquiry. It can be either oral or written. At the same time, a statement of confession can be submitted to the relevant law enforcement agencies either directly by the person who committed the crime, or through relatives or friends.

In a word, the procedure for voluntary surrender and the person’s choice of the body to which he applies with such a statement can be varied. Thus, some persons who have committed a crime and decided to turn themselves in can express their decision in writing and send it by mail to law enforcement agencies or notify the police about it by telephone.

Others can refer their loved ones to the prosecutor and through them report in writing (orally) about the crime that has been committed and about their readiness to voluntarily confess.

Still others, for example, minors, can report the crime committed directly to their relatives and teachers, because most often they do not know the legal procedure for turning themselves in or they are simply afraid to appear at the police station. Consequently, there are a number of forms of confession. The motives that prompted the person to confess may be dictated by:

-repentance;

- the desire to put an end to the criminal past;

-the desire to remove suspicion from an innocent person or to stop the criminal activities of their accomplices;

- pity or compassion for the victim;

- the desire to hide another, more serious crime or mislead the investigation;

-fear of exposure;

-the desire to change the conditions of one’s existence through condemnation, etc.[5]

To apply Part 1 of Art. 75 of the Criminal Code of the Russian Federation, the motives for surrendering, neither the time that has passed since the commission of the crime, nor the awareness of law enforcement agencies about the person who committed the crime, as well as the stage of the investigation of the crime, during which the person voluntarily surrendered. The main thing is that the person surrender voluntarily and not under pressure or coercion.

All of the above conditions are factors that form and manifest themselves before release at one of two moments: during and after the commission of a crime.

An attack is limited in time: its time frame is determined by the moments of the beginning and end of the crime. Therefore, both the conditions of release related to the crime and the conditions affecting the nature and degree of social danger of the act and the personality of the perpetrator at the time of the assault appear in the interval “the crime has begun” - “the crime is completed.” In this interval, such conditions of release as committing a crime for the first time and committing a crime of minor or moderate gravity characterize both the crime and the personality of the perpetrator.

All other conditions for exemption from criminal liability, manifested in unassailable behavior and taking place after the end of the crime, are not capable of characterizing the committed act from the point of view of its social danger, since they are beyond the temporal boundaries of the latter. From here we see that the system of conditions for release from criminal liability in connection with active repentance can be presented in the following form:

a) conditions indicating the nature and degree of public danger of the crime and the individual (committing a crime for the first time and committing a crime of minor or moderate gravity);

b) conditions indicating the nature and degree of public danger of the perpetrator (voluntary surrender, voluntary assistance in solving a crime, compensation for damage caused, making amends for harm otherwise caused, repentance for the crime committed and the person’s loss of public danger as a result of active repentance).[6] ]

The first of these conditions of release are manifested in the crime, the second - in the positive post-criminal behavior of the person.

I will dwell in detail on the conditions that indicate the nature and degree of public danger of the crime and the individual, as well as on a new condition that indicates the nature and degree of public danger of the personality of the perpetrator - the person’s loss of public danger as a result of active repentance.

1. Committing a crime for the first time.

There are no clear guidelines in the criminal law as to which crime should be considered committed for the first time. There is only a mention of the totality and recurrence of crimes (Articles 17-18 of the Criminal Code of the Russian Federation). At the same time, in the theory of criminal law, it is believed that committing a crime for the first time means that a person is in criminal legal relations only for the commission of one crime. This is possible in the following cases:

a) the person actually committed only one crime;

b) the person has committed several crimes, but for all but one, the statute of limitations has expired (Article 78 of the Criminal Code of the Russian Federation);

c) the person was previously (before the crime considered by the competent authority) subjected to punishment or other measures of a criminal law nature, but the criminal record was withdrawn or expunged (Article 86 of the Criminal Code of the Russian Federation).

At the same time, a crime cannot be considered committed for the first time in the case of both a real and an ideal totality. In the latter case, Part 1 of Art. 75 of the Criminal Code of the Russian Federation cannot be applied, since the ideal totality is due to the fact that not a single socially dangerous action (inaction) can cause several harmful consequences. In these cases, what the perpetrator did is not covered by any one criminal law norm.

In turn, the real totality involves the commission of two or more crimes at different times, for none of which the person was convicted (Part 1 of Article 17 of the Criminal Code of the Russian Federation). Moreover, each of the crimes is committed by an independent action or inaction (Article 159 of the Criminal Code of the Russian Federation), and then by giving a bribe (Article 291 of the Criminal Code of the Russian Federation). Therefore, given that Part 1 of Art. 75 of the Criminal Code of the Russian Federation allows for the release from criminal liability of a person who has committed a “crime” (in the singular); Part 1 of Art. 75 of the Criminal Code of the Russian Federation in the case of a real set of crimes.

If, for the first crime, compulsory educational measures were applied to a person, as well as in the case of a person being released from criminal liability in accordance with Art. 75-76 of the Criminal Code of the Russian Federation, a crime will be considered committed for the first time if the statute of limitations for bringing to criminal responsibility for the first crime has expired.

If the statute of limitations has not expired, it is criminologically unjustified to consider a person to have committed a crime for the first time and to release him from criminal liability due to active repentance. In this case, although there was no conviction by the court, the very fact of committing a crime of minor or medium gravity was recognized in the manner prescribed by law and was among the conditions for release under Art. 75 of the Criminal Code of the Russian Federation. Therefore, in this case, one should take into account the statute of limitations specified in Art. 78 of the Criminal Code of the Russian Federation.

2. Commitment by a person of a crime of minor gravity.

Based on Part 2 of Art. 15 of the Criminal Code of the Russian Federation “Crimes of minor gravity are considered intentional and careless acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed two years of imprisonment.”

The study and analysis of judicial investigative practice in the Nizhny Novgorod region, the city of Tyumen and in the south of the Tyumen region, to which S.N. Shatilovich refers, showed that most often criminal cases of minor crimes, provided for in Part 1 of Art. 264, part 1 and 3 art. 327 of the Criminal Code of the Russian Federation.

There are also isolated cases of application of Part 1 of Art. 28 of the Criminal Code of the Russian Federation in relation to criminal cases of minor crimes, provided for in Part 1 of Art. 108, part 1 art. 118, art. 119, part 1 art. 157, part 1 art. 158, part 1 art. 167, paragraph “b”, part 2, art. 171, part 1 art. 175, pp. “a” and “b” part 1 art. 258, part 1 art. 306, art. 315, art. 319 of the Criminal Code of the Russian Federation.

3. Commitment by a person of crimes of medium gravity.

In accordance with Part 3 of Art. 15 of the Criminal Code of the Russian Federation “Crimes of medium gravity are considered intentional acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation does not exceed five years of imprisonment, and careless acts, for the commission of which the maximum punishment provided for by the Criminal Code of the Russian Federation exceeds two years of imprisonment.”

The study of judicial investigative practice, referred to by Shatilovich S.N., showed that nine criminal cases were dismissed under Part 1 of Art. 28 of the Code of Criminal Procedure of the Russian Federation in relation to persons who have committed the following crimes of average gravity: paragraphs. “a”, “b” part 2 art. 158, part 1 art. 161, part 1 art. 166, part 1 art. 201, art. 207, part 2 art. 330 of the Criminal Code of the Russian Federation.

I will also dwell on the new condition for release from criminal liability - the loss of public danger due to active repentance. In criminology, “social danger of the criminal’s personality” is traditionally understood as a property of the criminal’s personality, which is manifested in the nature and severity of the crime committed, as well as in the associated relatively high readiness to commit them.[7] The analyzed condition of release is directly related to significant changes in the behavior of the guilty person as a result of active repentance. This is evidenced by a set of circumstances that change the moral and legal assessment of the personality of the perpetrator from the point of view of social danger, namely:

1) psychological and emotional changes in the guilty person in connection with repentance for the crime committed, which manifests itself in sincere regret for the crime committed and admission of guilt in its commission;

2) positive post-criminal actions of a person specified in the criminal law, which give repentance an active character (voluntary surrender, voluntary assistance in solving a crime, compensation for damage caused or making amends for damage caused.)

What is common to the listed cases is that active repentance concerns only a specific person, therefore, not the crime itself, but the personality of the perpetrator in the new conditions deserves a different moral and legal assessment. In this case, the person’s loss of public danger must occur precisely by the time the case is considered by the competent authority.

Further, it should be noted that only a set of conditions indicating the nature and degree of public danger of the crime and the individual, and conditions necessary in a particular case, indicating the nature and degree of public danger of the individual, constitutes the basis for exemption from criminal liability under Part 1 of Art. 75 of the Criminal Code of the Russian Federation (termination of criminal prosecution under Part 1 of Article 28 of the Criminal Procedure Code of the Russian Federation) - active repentance.

At the same time, only such conditions can vary depending on a specific criminal act, indicating the nature and degree of social danger of an individual, such as voluntary surrender, voluntary assistance in solving a crime, compensation for damage caused and otherwise making amends for harm.

There are conditions that exclude the guilty person from fulfilling any of these conditions of release under Part 1 of Art. 75 of the Criminal Code of the Russian Federation due to certain objective circumstances.

This:

1) preventing accomplices from voluntarily turning themselves in;

2) serious illness of the guilty person, which precludes his confession;

3) absence of material damage, physical or moral harm as a result of the commission of a crime;

4) disclosure of a crime by the competent authority before the confession of the guilty person, which the latter was not aware of;

5) refusal of the victim to accept compensation (compensation) from the guilty person for the damage or harm caused in any form (money, replacement of the damaged item with an equivalent one, etc.), etc.

As for such conditions of release as repentance for the crime committed and the person’s loss of public danger as a result of active repentance, committing a crime for the first time and committing a crime of minor or moderate gravity, they must be present in all cases of application of Part 1 of Art. 75 of the Criminal Code of the Russian Federation.

In the same case, when repentance for the crime committed, the person’s loss of public danger as a result of active repentance, the commission of a crime for the first time and the commission of a crime of minor or medium gravity are absent, or only one of them is established (for example, a conviction for a previously committed crime has not been expunged) in accordance with the law. procedure (Article 86 of the Criminal Code of the Russian Federation)), this indicates that, as such, there is no basis for exemption from criminal liability in connection with active repentance.

Moreover, each of the conditions of release, such as voluntary confession, voluntary assistance in solving a crime, compensation for damage caused and otherwise making amends for harm, can be recognized as mitigating punishment in connection with active repentance (paragraphs “i” and “k” Part 1 of Article 61 of the Criminal Code of the Russian Federation), and also entail a significant mitigation of punishment (Article 62 of the Criminal Code of the Russian Federation).

Important point

There is no mention in the legislation of the motivation that pushes the subject to active repentance. Meanwhile, this is a rather important point. Knowing the motivation of the subject, it is possible to 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 the application of punishment commensurate with the act. In practice, the burden of responsibility regarding the decision to apply the provisions of Art. 75 lies on the own conviction of the inquiry officer, judge or investigator.

List of sources used

1. Criminal Code of the Russian Federation-M: 2013
2. On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability: Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 N 19
3. On the practice of courts considering criminal cases of violation of copyright, related, inventive and patent rights, as well as illegal use of a trademark: Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 26, 2007 N 14
4. Judicial acts in the case of attempted illegal sale of narcotic drugs and theft have been amended: the instruction to cancel the suspended sentence on the basis of Art. 75 of the Criminal Code of the Russian Federation, the punishment for the totality of sentences was commuted in accordance with Art. 70 of the Criminal Code of the Russian Federation: Determination of the Supreme Court of the Russian Federation dated April 2, 2008 N 50
5. Diakonov V.V. Criminal law of Russia (General part): Textbook / V.V. Diakonov -M. — 2003.-245s
6. Criminal law of the Russian Federation: General part: Textbook / Ed. prof. L.V. Inogamova - Khegai-M.: INFRA-M, 2002- 510s
7. . Ignatov A.N., Krasikov Yu.. Criminal law of Russia. Textbook for universities / A.N. Ignatov, Yu. A. Krasikov.-M: NORMA-INFRA, 2008. – 435 p.
8. Alikperov Kh.D. Exemption from criminal liability / Kh.D. Alikperov.-M.: Voronezh, MODEK, 2001- C 121
9. Savkin A.V. Theoretical and legal problems of active repentance for a crime: Monograph / A.V. Savkin.- M., 2002 – 365s
10. Raroga A.I. Criminal law of Russia. General and Special parts: textbook./A.I. Raroga - M.: Prospekt., 2004- 450s
11. Kirillova N.P. Termination of a criminal case on non-rehabilitating grounds/N.P. Kirillova.-SPb., 2003 – P 168
12. Exemption from criminal liability due to active repentance // Criminal law. /edited by A.V. Chuvilev-M: 2003-C148
13. Ryzhakov A.P. Criminal procedure: Textbook for universities/A.P. Ryzhakov. - M., 2002- 321s

Voluntary renunciation and active repentance

The above characteristics can act as criteria by which these two categories differ. The main difference is the intensity of those physical efforts aimed at achieving the goal. Thus, with a voluntary refusal, the subject is in a passive state. In this case, he does not voluntarily commit a crime and does not take advantage of a real opportunity to break the law. Active repentance, on the contrary, is active behavior. It takes place after a violation of the law, as well as events occurring after this (at the beginning of the investigation, this is, in particular, confession, assistance in disclosure, etc.). Such activity, according to a number of experts, is acceptable at any stage of the process. But exemption from liability is possible only within the framework established by Art. 75 with a combination of the specified properties and characteristics. In other cases, the positive actions of the perpetrator can act as mitigating circumstances.

Mandatory signs

In addition to the general signs, there are a number of mandatory ones that should also be taken into account. These include:

1. Normative characteristics - all forms of behavior that a criminal demonstrates after committing a crime are regulated by legal norms.
2. Objective signs are expressed in benefits to society and the activity of its implementation.
3. Subjective signs are expressed in the fact that all actions are performed voluntarily in order to alleviate one’s own fate.

Delimiting categories

As mentioned above, voluntary refusal is the passive behavior of the subject. However, in some cases it can be active:

1. When it can be expressed exclusively in active actions to eliminate the conditions created by persons to violate the law.
2. When it is committed at the stage of the completed assassination attempt.

It is worth saying, however, that the latter position 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 completed attempt only when there is a gap in time between the actions already committed and the consequences of them, or the subject, through his opposition, is able to interrupt the formation and development of a cause-and-effect relationship. Experts point out the obvious social conditionality of this situation. This position is justified by the fact that in this case the person’s actions are more consistent with the task of preventing the occurrence of consequences dangerous to society.

Severity

It acts as one of the conditions for getting rid of responsibility. Crimes of minor gravity are understood as careless or deliberate violations of the law, for which the perpetrator faces no more than two years in prison, medium - no more than five. In addition, the law contains a clause regarding other actions. Active repentance can act as a condition for getting rid of responsibility even with a different degree of severity of the violation, if this is mentioned in the relevant article of the Code.

Cases of application of Art. 75

The list of crimes for which the perpetrator may be exempt from liability includes:

1. Kidnapping. If the subject voluntarily releases the victim, then no punishment will be applied to him.

2. The act of selling people, committed for the first time. If the perpetrator voluntarily gives freedom to the detained persons and assists in solving this crime (identifying other entities associated with the act), he will not be held accountable.

3. Bribery and commercial bribery. Exemption from these crimes is allowed if one or more conditions established by law are met. Among them:

• extortion of money from the culprit himself;
• assistance in investigation;
• notifying law enforcement agencies about impending crimes.

4. Preparation for a terrorist attack or assistance in terrorist activity. Relief from liability occurs when law enforcement agencies are notified in a timely manner about an impending violation of the law or in other ways preventing its commission.

5. Hostage taking. The perpetrator will not be held accountable if, at the request of the authorities or voluntarily, he releases the victim.

6. Participation in a criminal organization/community. You can avoid punishment by leaving the gang on your own and by providing assistance in uncovering its criminal activities.

7. Participation in illegal armed groups. Discharge from responsibility is permitted by voluntarily leaving the gang and surrendering weapons.

8. Illegal acquisition, transportation, storage and other prohibited actions with narcotic/psychotropic drugs and weapons. To be released from liability, the subject must surrender the subject of the crime and assist in the investigation.

9. Seizure of power, treason, espionage. The subject can be released from punishment if he promptly notifies the authorities about the crimes and prevents damage to the Russian Federation.

10. Participation in an extremist or other prohibited community. To relieve liability, the subject must voluntarily leave such an association.

11. Desertion committed for the first time and associated with difficult life circumstances or other unauthorized abandonment of a military unit.

12. False testimony in court. In this case, the condition for exemption from liability is a message about the unreliability of information before the court makes a decision.

Modern tendencies

It is no secret that in modern Russia the crime rate is getting higher every year. However, most of the attention is drawn to serious and especially serious cases, while minor crimes and those of moderate gravity often remain unattended. But they account for almost half of all crimes committed in the country. Corruption, illegal arms and drug trafficking and many other crimes are becoming more commonplace. The authorities are trying to counteract their commission by constantly fighting crime and countering it, imposing punishments. But it is absolutely clear that it is impossible to achieve the desired result solely through toughening measures, and therefore, in order to ensure maximum detection and reduce the number of criminals, the idea of ​​humanism and justice has found its place in criminal law.

Specifics of the subject's behavior

A person’s post-criminal actions are characterized by a single time period within which they can be carried out. This period lasts from the completion or interruption of the violation until conviction. The general objective signs of active repentance are the social usefulness and activity of the guilty person’s behavioral acts. All forms of the latter represent purposeful actions of the subject. The purposefulness of post-crime behavior emphasizes its active nature. The person sets himself the task of easing his fate and mitigating the consequences that occurred after the violation he committed. The subject, repenting, achieves the realization of his goals.

Concept of remorse

Before directly understanding what constitutes active repentance according to the Criminal Code of the Russian Federation, it is necessary to determine what the very concept of repentance is. Its meaning is determined from the point of view of social nature, that is, repentance is regret about the offense committed and all its consequences. As you can understand, this term is very subjective and is defined from the point of view of ethics, morality and psychology.

There are a number of signs that should always accompany it. These include feelings of shame, remorse, and self-condemnation. This shows that the person has realized his criminal actions and the sense of duty that he has to other people and the team.

Categories of economic violations

Exemption from liability is permitted if:

1. Failure to fulfill the agent's obligations or failure to pay taxes committed for the first time, if the damage to the budget has been fully compensated.
2. Banking activities prohibited by law.
3. Illegal receipt of a targeted government loan or misuse of funds.
4. Malicious non-payment of debt.
5. Illegal use of trademarks and other markings.
6. Illegal acquisition of property by organizers and competition participants to change their results.
7. Violations during the issuance of securities (in the absence of aggravating circumstances).
8. Deliberate evasion of information and violation of registration of rights to shares and other securities.
9. Offenses during bankruptcy proceedings.
10. Manipulation in the market and preventing the owners of securities from realizing their opportunities.
11. Failure to pay customs duties.
12. Illegal entrepreneurship in the absence of aggravating circumstances.

Exemption from liability for violations provided for in paragraphs 2 to 12 is allowed when they are committed for the first time and compensation for damage is fivefold.