Exemption from Criminal Liability and Punishment in Connection with Entry into Military Service: Consequences for Victims of Crime

Keywords: release, criminal liability, punishment, military service, victims, crimes, legislation, criminogenic background, mobilization, wartime, martial law, contract, termination of prosecution

Abstract

The relevance of the study is due to the fact that human resources are involved in the resolution of international conflicts. In the Russian Federation, persons suspected, accused and convicted of committing crimes are sent to military service to participate in hostilities. This process is legitimized by the norms of federal legislation. On June twenty-fourth, 2023, the Federal Law No. 270-FZ “On the Specifics of Criminal Liability of Persons involved in a special military operation” was adopted. Federal Law No. 64 - FZ has recently entered into force “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation”, adopted by the State Duma on March 19, 2024 to regulate in these codes the specifics of the exemption from criminal liability of persons called up for military service on mobilization or in wartime.
Research hypothesis: a new type of exemption from criminal liability and termination of criminal prosecution may negatively affect the interests of other persons - victims, their legitimate rights and interests may be negatively affected. In general, the criminal background may worsen, and trust in the state may decrease.
Purpose: to provide a scientific forecast of the consequences of legislative changes related to the suspension, termination of criminal prosecution, exemption from criminal liability and punishment in connection with conscription during mobilization or during wartime, or the conclusion of a military service contract during mobilization, during martial law or during wartime.

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Author Biographies

Д.Ю. Гончаров, [D.Yu. Goncharov] Yugra State University, Khanty-Mansiysk, Russia

Doctor of Law Sciences, Associate Professor,
Professor at the Graduate School of Law, Yugra State University;
Professor of the M.I. Kovalev Chair of Criminal Law, V.F. Yakovlev Ural State Law University (Yekaterinburg, Russia);
Professor of the Department of Prosecutor's Supervision and Law Enforcement Organization, Chelyabinsk State University (Chelyabinsk, Russia)

С.Г. Гончарова, [S.G. Goncharova] Russian State Vocational Pedagogical University, Yekaterinburg, Russia

Candidate of Law Sciences, Associate Professor?
Associate Professor of the Department of Document Science, Law, History and Russian Language

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Published
2024-04-12
How to Cite
Гончаров, Д., & Гончарова, С. (2024). Exemption from Criminal Liability and Punishment in Connection with Entry into Military Service: Consequences for Victims of Crime. VICTIMOLOGY [VIKTIMOLOGIA], 11(1), 103-113. https://doi.org/10.47475/2411-0590-2024-11-1-103-113
Section
Original articles