The problems of application of the note to the article 134 of the Criminal Code of the Russian Federation: theory and practice

Abstract

The article is devoted to the detailed analysis of the notes to the article 134 of the Criminal Code of the Russian Federation. The author carried out both the theoretical analysis of a criminal and legal definition, and the analysis of a court practice. Examples from the judicial and investigative practice with the author’s comments are given. According to the author, literal interpretation of the note 1 to the article 134 of the Criminal Code of the Russian Federation allows draw a categorical conclusion that concerning the persons who committed crimes according to p.1 of the article 134 of the Criminal Code of the Russian Federation it is impossible to stop criminal cases in connection with a release from criminal liability. The courts are obliged to exempt such persons from punishment and only in cases if the perpetrators complied the conditions stated by the legislator in the note 1 of the article 134 of the Criminal Code of the Russian Federation.