The voluntary refusal to commit a crime in the criminal law of Russia and China
DOI:
https://doi.org/10.21638/spbu25.2024.206Abstract
The article provides a comparative legal analysis of the provisions of the Criminal Code of the Russian Federation and the Criminal Code of the PRC concerning the institution of voluntary refusal to commit a crime. The question of understanding the term “voluntariness” in relation to the provisions of Article 31 of the Criminal Code of the Russian Federation and Article 24 of the Criminal Code of the PRC is studied, a distinction is made between subjective voluntariness, that is, directly related to the person committing the crime, and voluntariness associated with the objective possibility of a person to continue committing a crime. With regard to the provisions of Article 31 of the Criminal Code of the Russia, the question of the connection between voluntary refusal and the stages of committing a crime is raised, it is concluded that with regard to voluntary refusal, we are talking terminologically not about the stages of committing a crime, but about the stages of criminal behavior. It is indicated that in relation to Article 24 of the Criminal Code of the PRC, voluntary refusal can be of two types: at the stage of preparatory actions or at the stage of performing the objective side of the crime, as well as refusal after performing the objective side of the crime, but before the onset of the consequences that the offender sought. It is noted that the second type of voluntary refusal is not peculiar to Russian legislation, and therefore the provisions of Article 24 of the Criminal Code of the PRC are largely similar to the institution of active repentance in Russian Criminal Law. It is concluded that there is some similarity, but also a significant difference between voluntary refusal in the legislation of the two countries.
Keywords:
voluntary refusal to commit a crime, preparation for a crime, attempted crime, Criminal Law of Russia, Criminal Law of the People’s Republic of China, doctrine of Criminal Law of China
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References
Alikperov, Khanlar J. 2001. Is compromise acceptable in the fight against crime. Ugolovnoe pravo 3: 90–95. (In Russian)
Baimakova, N. 2009. The place of voluntary renunciation of a crime in the Criminal Code of the Russian Federation. Justice of the Peace 4: 18–20. (In Russian)
Criminal Law of the People’s Republic of China: Practical Edition. 2021.1 Ed. by China Legal Press. 19th Ed. 1. Beijing, China Legal System Press (Republished on 2023.8). (In Chinese)
Czyan, Huejlin’. 1999. The main features of the Criminal Code of the People’s Republic of China. PhD thesis Moscow. (In Russian)
Korobeev, Aleksandr I. (Ed.). 2008. Full course of criminal law, in 2 vols. Vol. 1: Crime and punishment. St. Petersburg. (In Russian)
Kropachev, Nikolai M., Volzhenkin, Boris V., Orekhov, Vladimir V. 2006. Russian Criminal Law: The special part. St. Petersburg, Izdatel’skii Dom S.-Peterb. gos. un-ta Publ., Izdatel’stvo iuridicheskogo fakul’teta S. Peterb. gos. un-ta Publ. (In Russian)
Kudriavtsev, Vladimir N., Luneev, Victor V., Naumov, Anatolii V. (Ed.). 2006. Russian Criminal Law: The common part. Moscow. (In Russian)
Kuznetsova, Ninel F., Tiazhkova, Irina M. (Ed.) 2002. Full course of criminal law. The common part. Textbook. T. 1: The doctrine of crime. Moscow. (In Russian)
Luk’ianov, Vladimir V., Prokhorov, Vadim S., Shchepel’kov, Vladislav F. (Ed.). 2013. Russian Criminal Law: The common part. St. Petersburg, St. Petersburg University Press. (In Russian)
Malysheva, Natalia I., Troshchinskii, Pavel V. 2022. The Law of the People’s Republic of China: Theoretical and legal aspect. St. Petersburg. (In Russian)
Nishida, Noriyuki, Hashimoto, Takashi. 2019. General Theory of Criminal Law. 3rd ed. Hongwentang: 337. (In Chinese)
Pang, Dongmei, Gao, Minsiuan’. 2018. The formation and development of Chinese Criminal Law. Vestnik of St. Petersburg University. Pravo 2: 215–229. (In Russian)
Tatsuo, Kagawa. 1963. The law on voluntary refusal. Japan: Youfige edition. (In Chinese)
Zhang, Mingkai. 1997. The Theory of Attempted Crimes. China Law Publishing House. Japan Guocheng Wentang.
Zhang, Mingkai. 2020. Outline of Foreign Criminal Law. 3rd ed. Law Press. (In Chinese)
Zhang, Mingkai. Criminal Law. 2021. Vol. 2. 6th ed. Beijing, Law Press. (Reprinted on September 9, 2023). (In Chinese)
Zvecharovskii, Igor E. 2008. Voluntary refusal to bring the crime to an end. St. Petersburg. (In Russian)
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