“Commission of a crime for the first time” as a condition for exemption from criminal liability with the imposition of a court fine
Mission. The research subject: the sign of “commission of a crime for the fi rst time” as a condition for exemption from criminal liability with the imposition of a court fi ne. There is no unifi ed approach to the interpretation of this sign among researchers and law enforcement agencies. The purpose of the work is to determine the meaning of the sign contained in article 1(6 of the Criminal Code of the Russian Federation - “Commission a crime for the first time”. Methodology: general scientifi c and private scientifi c methods: analysis, synthesis, structural-logical method, statistical and other methods of scientific knowledge. Scientifi c and practical signifi cance: exemption from criminal liability of persons against whom a criminal case or criminal prosecution has already been closed on non-rehabilitative grounds is considered contrary to the principle of Justice. A person previously exempted from criminal liability has already committed a violation of the criminal law. Therefore, he has not committed a crime for the first time. When deciding to exempt a person from criminal liability under article 762 of the Criminal Code, the court must consider information about the previous commission of crimes. It is provided by the Main Informational and Analytical Center of the Russian MIA and its structural divisions. It can be done on condition that limitation period for bringing to criminal responsibility established by article 78 of the Criminal Code have not expired. Conclusions. We believe that it is advisable to cancel the exemption of a person from criminal liability in accordance with article 75-162 of the Criminal Code of the Russian Federation (provided that the limitation period for bringing to criminal responsibility has not expired), if a guilty verdict has been passed against him that has entered into legal force. In this case, the criminal case and prosecution must be resumed.