Exemption from criminal liability with payment of judicial penalty: problems and prospects of the procedural institution application

The procedure for payment of a judicial penalty by agreement could be effective in the Russian Federation if the proposal to pay a fine to the court was made, as, for example, in France, by a prosecutor. In this case it would be appropriate to impose an obligation on the prosecutor to examine the petitions of the victim and the accused in the pre-trial proceedings, and to decide on their support or rejection. A procedure is also possible in which the prosecutor, at the end of the investigation, in order to avoid prosecution, would suggest that the accused who committed a minor act pay a certain fine or perform any positive actions (public works, etc.), as it is done in Belgium, the Netherlands and some other states. If the accused accepts the proposal of the prosecutor, the criminal case would not have come to court at all; if the accused refuses, the criminal case would have to be examined in court in compliance with all procedural guarantees.

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