CATEGORIES OF «SUFFICIENCY» AND «MERIT» WHEN DECIDING ON THE RELEASE OF A PERSON FROM CRIMINAL LIABILITY ON EVALUATIVE GROUNDS

Abstract

The purpose of the study. The article examines the content and meaning of the categories «sufficiency» and «merit» in resolving the issue and terminating a criminal case or criminal prosecution on non-rehabilitating grounds. The implementation of the considered incentive form of criminal proceedings in the form of exemption from criminal liability is associated with the evaluation activity of the court or official. The purpose of the study is to identify problems of a law enforcement nature in determining the «sufficiency» of positive post-criminal actions of the accused (suspect) and the «deservedness» of his release from criminal liability on non-rehabilitating grounds. Conclusions. The author comes to the conclusion that when a person is released from criminal liability, it is not possible to establish the true attitude of a person to the procedural legal relations taking place with his participation. The «sufficiency» of post-criminal actions and actions of the accused (suspect) and the «deservedness» of encouragement by him cannot be assessed by the court in isolation from the opinion of the victim. In order to eliminate defective practices, it is necessary to clearly define the conditions, requirements and standards for the use of incentives in criminal proceedings, as well as criteria for evaluating the behavior of a person applying for an incentive.