Insignificance of an Act (Part 2 of Article 14 of the Criminal Code of the Russian Federation): Issues of Law Enforcement

Abstract

The article is devoted to the analysis of the stipulated part 2 of Art. 14 of the Criminal Code of the Russian Federation of insignificance of acts. Examining the relevant normative instructions, explanations of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, the scientific literature, the Author comes to the following conclusions. Not always the presence of an aggravating circumstance in an act excludes the possibility of applying to it the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation. Of course, the onset, for example, of grave consequences as a result of an offense (clause “b” part 1 of article 63 of the Criminal Code of the Russian Federation), reduces to zero the likelihood of recognizing it as insignificant, however, the commission of an action (inaction), in particular, as part of group of persons (clause “c” part 1 of article 63 of the Criminal Code of the Russian Federation) reduces, but does not completely exclude such a possibility. It does not automatically predetermine a positive solution to the issue of insignificance and the presence in the act of a mitigating circumstance, let's say, its commission on the motive of compassion (clause “h” part 1 of article 61 of the Criminal Code of the Russian Federation), but the less extenuating circumstances in the deed, characterizing the committed action (inaction), and the greater the number of such aggravating circumstances, the less likely it is that the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation (and vice versa). It is possible to recognize as insignificant a violation (for example, theft) committed against “particularly vulnerable” categories of victims, for example, pregnant women, the elderly. It is not excluded that an action (inaction) that formally contains signs of a crime of any category (mostly, of course, of minor or moderate gravity) is considered insignificant, but the more “heavier” such a category is and the more “qualified” the corpus delicti, the signs of which contain act, the less likely it is that the provisions of Part 2 of Article 14 of the Criminal Code of the Russian Federation will be applied to it. Voluntary surrender; remorse for what you have done; compensation by a person for damage or otherwise making amends for the damage caused by the encroachment; contributing to the disclosure and investigation of the incident; admission of guilt by the offender; his reconciliation with the victim are not circumstances characterizing the insignificance of the act, since in part 2 of Article 14 of the Criminal Code of the Russian Federation we are talking about the insignificance of the committed action (inaction), and not about the behavior of the perpetrator after the commission of the act.