On the exemption from criminal liability in the preparatory phase of the trial

The current trend in modern national criminal policy is to expand the possibilities of exempting persons from criminal liability. But the release of a person from criminal liability also entails negative consequences for him/her. Exemption from criminal liability does not mean exemption from the need to compensate and compensate for the harm caused by the crime to the victim. Confiscation of property belonging to the accused that is recognised as physical evidence is possible. If a court fine is imposed, the person is obliged to pay the fine within the time limit set by the judge. Exemption from criminal liability always entails certain subsequent legal restrictions, including those related to areas of work, for the exempted person himself/herself, and sometimes for his/her close relatives. Persons who have been released from criminal liability are charged procedural costs. These negative consequences are largely comparable to, and gradually converge with, the negative consequences for those who have been convicted. A person can only be absolved of criminal responsibility if the charge is proven and substantiated. This condition is proposed to be laid down in the RF CCrP. However, the court cannot establish the existence of such a condition already at the stage of preparation for the trial because at that stage of the process the court does not have the necessary powers to do so. In addition, it would be premature for a judge to verify the validity and proof of the charge at the stage of preparation for the trial. The judge should verify the validity and proof of the charge and establish the guilt of a person for the commission of a crime only at the stage of the trial. The establishment of grounds for exemption from criminal liability requires direct examination of evidence, which is not possible at the stage of preparation for the trial. At the stage of preparation for the trial, the general condition of publicity of the trial does not apply. The pretrial hearing is held in closed session. The lack of publicity largely deprives society of the opportunity to monitor the actions and decisions of the court, which does not contribute to the objectivity and legality of court decisions and is a corruptive factor. The court's decision to exempt a person from criminal liability at the stage of preparation for the trial does not correspond to the purpose and objectives of this stage of court proceedings. It is suggested that Articles 236 and 239 of the Russian CCrP should be deleted as indicating that a criminal case or criminal prosecution can be terminated on grounds that exempt the defendant from criminal liability.