On the Content of the Provision “Committing a Crime for the First Time” as an Element of Exemption from Criminal Liability with a Fine

Recently, the legislators have introduced a new ground for exemption from criminal liability in case of inflicted fine under Article 76.2. of the Criminal Code of Russia. One of the requirements for this provision to be applied is its being the first perpetration of the offender. However, Clause 16.1 of Decision No. 19 of the Plenum of the Supreme Court of Russia dated June 27, 2013, claims that the first perpetration of several misdemeanors and (or) medium-gravity crimes does not prevent the offender’s exemption from criminal liability on the basis of Article 76.2 of the Criminal Code of Russia. This does not correlate with the socio-criminological conditionality of the considered provision, which can be applied to persons who pose no public danger. However, the criminal law does not allow implementing the norm of a court fine for two or more crimes, since Article 76.2 of the Criminal Code of Russia refers to a singular crime.

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