Termination of a criminal case in connection with the imposition of a criminal law measure in the form of a judicial fine: Prospects and avenues for improvement

The introduction of Article 25.1 and Chapter 51.1 into the Code of Criminal Procedure of the Russian Federation, governing the termination of a criminal case (or prosecution) in connection with the imposition of a judicial fine, aligns with key trends in modern criminal and criminal procedure law. These trends include balancing public and private interests, the humanization and liberalization of criminal policy, and procedural optimization (promoting efficiency and the prudent use of judicial resources). However, the authors contend that the normative provisions on judicial fines require further refinement. A primary issue is the place of this mechanism within the system of non-rehabilitative grounds for terminating a case. Its significant overlap in applicable conditions with reconciliation of the parties and active repentance complicates its use, as defendants often object to it, preferring termination without future financial obligations. Furthermore, the procedure for applying a judicial fine fails to ensure adequate protection of the rights and legitimate interests of both the victim and the accused. Consequently, the authors propose granting these participants the right to petition for case termination on this ground. They argue that this option should only be considered when sufficient evidence exists to confirm the accused individual's commission of the crime. They also deem it necessary to mandate that the accused consult with defense counsel regarding their consent to the statutory conditions for termination. The legislator must also address the procedure for the court hearing on such a petition, as it remains unregulated by Article 446.2 of the Code of Criminal Procedure. The authors declare no conflicts of interests.

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