What is criminal misconduct, and whether for him to be tried in Russia
The Supreme court of Russia has proposed to enshrine in law the country’s new type of violation of the law, which will be called “a criminal offense” and will occupy a niche between crime and administrative offense. What is this concept and why it is needed?
The proposal to introduce such a concept contained in the draft amendments to the criminal code, which has already received approval from the Supreme court and will soon be sent to the state Duma, have informed in a press-service of the court.
What is it?
Criminal offense is something between administrative offence and criminal offence.
News
Crime becomes a misdemeanor
The main difference from a felony is that a misdemeanor does not entail deprivation of liberty and criminal record.
According to the initiators of the amendments, the criminal offence can be called minor crimes, such as the infliction of bodily harm, infecting with a venereal disease, defamation, copyright infringement and illegal business.
The Supreme court hears a criminal offense as an independent violation of the law. “I consider it as an element of the new concept of penal policy of Russia”, — said the President of the court, Vyacheslav Lebedev.
Why and for whom is it necessary?
Criminal misconduct, as said Lebedev, are needed to convict was not “ballast” in the form of a criminal record and had greater opportunities for social adaptation after conviction.
Lebedev believes that this will help not to cripple the destiny of man, which can still improve.
In the explanatory Memorandum to the bill, which familiarized the Russian service Bi-bi-si said that many people in the first half of 2017 was convicted of “a crime, not representing big public danger”.
The note explains that it is therefore necessary to introduce a special kind of responsibility for those who committed a crime with “minimal social danger” and for those who had violated the criminal code for the first time and can “be corrected without applying a criminal punishment.”
If a person has committed a criminal offense, “does not realize manifested to his humanity” and was evading the court’s decision, he shall bear criminal liability in full, stated in the explanatory Memorandum.
The criminal code already has more than 80 offences for which no penalty of imprisonment, and the number of convictions for such items in 2016 has made more than 40 thousand people, according to the explanatory note.
Experts believe that allocation of criminal misconduct will help the judicial system.
The pressure on it will be lower, as deeds of criminal misconduct, most likely, will be considered in a simplified mode, said Ruslan Zolotov, candidate of legal Sciences, associate Professor, law faculty, national research UNIVERSITY “Higher school of Economics”, the partner of lawyer Bureau “Feoktistov and partners.”
“This will significantly relieve the judicial system” — I agree with him Anastasia Ragulina, associate Professor of Moscow state law Academy named after Kutafin, PhD in law, Director of the legal group “Yakovlev and Partners”.
What could be the problem?