Stimulation of positive post-criminal behavior in the fight with crimes against the property

Abstract

The article is devoted to the questions of stimulation of positive post-criminal behavior in the fight with crimes against the property. According to the author, an increase in the bases for release from the criminal liability, and also the mitigation of punishment for positive post-criminal behavior speaks, first of all, not only about the humanization of policy of the state in the field of the fight with the crime, but also about stimulation of the socially positive behavior of the persons who committed the crimes. For the stimulation of positive post-criminal behavior the author offers acceptance of the "mixed" norm in the articles 158, 159, 160 of the criminal code of the Russian Federation (further-CC RF), and also the draft of the note to the articles 161 and 162 of CC RF. The author gives the results of the questioning of the law enforcement officers which is conducted by him with a question of expediency in the criminal legislation of adoption of the incentive norm exempting from the criminal liability for commission of plunders of someone else's property provided by the articles 158 – 160 of CC RF.