SOME ISSUES OF THE EXEMPTION FROM CRIMINAL LIABILITY FOR OIL THEFT ON NON-REHABILITATING GROUNDS

Authors

  • Nurtai Konysbaevich Imangaliev

Keywords:

termination of the criminal case, active repentance, non-rehabilitating grounds, exemption from criminal liability

Abstract

The article investigates and analyzes the procedural order and legislative features of the termination of the criminal case in connection with active repentance. The application of this institution in investigative practice is examined on the example of discontinued criminal cases on the theft of oil and oil products over the past 4 years. The author considers the most urgent problems related to the release of persons from criminal responsibility in connection with active repentance. In the context of solving the problems of law enforcement practice and the criminal law theory, signs of active repentance of the guilty, his appearance with confession, facilitating his discovery and investigation of the criminal offense, and the smoothing of the harm caused by the criminal offense were investigated.

Also analyzed are the conceptual positions of scientists who examined the current and fundamental principle in the criminal legal doctrine as the principle of the inevitability of criminal responsibility. A number of scientifically substantiated conclusions have been developed and made, and reasoned proposals have been made to improve the current legislation. In particular, the institute for the termination of pre-trial investigation on non-rehabilitating grounds is proposed to be considered separately. The function of stopping the pre-trial investigation for reconciliation of the parties is left to the criminal investigative body, and the function of stopping criminal prosecution for active repentance in accordance with the provision of the Concept of the legal policy of the Republic of Kazakhstan for the period from 2010 to 2020 in the part of the gradual expansion of the limits of judicial control in pre-trial proceedings to be transferred to court. In this case, the judiciary will be given an independent objective assessment of every sign of active repentance, taking into account the identity of the guilty person, his appearance with confession, facilitating his disclosure, investigating the criminal offense, smoothing the harm inflicted by the criminal offense, and determining whether the acts ceased to be socially dangerous.

Published

30.09.2018

How to Cite

Imangaliev Н. К. (2018). SOME ISSUES OF THE EXEMPTION FROM CRIMINAL LIABILITY FOR OIL THEFT ON NON-REHABILITATING GROUNDS. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 4(53). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/403