Criminal law

1.

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2.

Presentation plan
Basic principles of application of the criminal
law.
The effect of the criminal law in time.
The effect of the criminal law in space.
Sources of criminal law
History of the criminal law of the Russian
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Federation
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3.

Basic principles of application of the criminal Law
The Criminal Code of
the Russian
Federation
( 1996г. ):
a legislative act in which all types of crimes and
punishments are concentrated
Principles of application of the Criminal Code of the Russian
Federation:
1. The principle of legality
2. Equality before the
law
3. Criminal liability occurs only when the guilt of a
person is established
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4. The principle of justice
5. Humanism in relation to
the victim and the criminal

4.

The principle of legality
The principle of legality is the principle of clear certainty of
the norms of law, the principle of law. If the state imposes
certain restrictions on people's behavior, then at least it
should clearly and unambiguously outline the boundaries
of these requirements.
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5.

Equality before the law
The principle is specified in the article of the
Criminal Code of the Russian Federation and
means that persons who have committed crimes
are equal before the law and are subject to
criminal liability regardless of gender, race,
nationality, language, origin, property and official
status, place of residence, attitude to religion,
beliefs, membership in public associations, as well
as other circumstances.
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6.

Criminal liability occurs only when the guilt of a person is established
The principle is specified in Article 5 of the Criminal Law of
the Russian Federation and means that сriminal liability
occurs only when the fact of the crime is established, the
guilty person is discovered, his guilt is proven. The
conclusion that criminal liability is inextricably linked with
the indictment with the indictment verdict, fully complies
with the current legislation and the current level of
development of the theory of Russian criminal law.
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7.

The principle of justice
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The principle of justice is enshrined
in Article 6 of the Criminal Code of
the Russian Federation and means
that the court, when imposing
punishment, should be guided not
by emotions, not by a sense of
revenge, but by an objective
assessment of both the crime
committed and the identity of the
perpetrator. Justice, on the one
hand,
is
expressed
in
the
proportionality of the punishment
to the committed act and, on the
other hand, in accordance with the
prescribed
punishment
of
the
convicted person (in order to
correct him).
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8.

Humanism in relation to the victim and the criminal
The principle of humanism in
criminal legislation is formulated
in Article 7 of the Criminal Code
of the Russian Federation: "The
criminal legislation of the
Russian Federation ensures
human security. Punishment and
other measures of a legal nature
applied to a person who has
committed a crime cannot be
aimed at causing physical
suffering or humiliating human
dignity."
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2. The effect of the criminal law in time
"The criminality and punishability of an act are determined by the criminal law in
force at the time of the commission of this act" (Criminal Code of the Russian
Federation, Article 9)
If the law existed at the time of the person's conviction, but changed or even
was canceled during the consideration of the case:
1. If the law has been changed in a more
humane way, it will be applied to the
perpetrators of the act and even those
who are already serving their sentence
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2. And if the law has become more cruel,
then it is necessary to judge according to
the old law

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2. The effect of the criminal law in time
The time of the crime
They don't always
match
The onset of harmful
consequences
"The time of the commission of a crime is the time of the
commission of a socially dangerous action, regardless of the
time of the onset of the consequences" - the Criminal Code of the
Russian Federation
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3. The effect of the criminal law in space
the criminal legislation of the Russian Federation is uniform throughout the territory
Foreigners who have committed
a crime on the territory of the
Russian Federation
A foreign person with
immunity
convicted under the Criminal Code of the Russian
Federation
it is condemned on the basis of the norms of
international law
Stateless persons who have committed a crime outside the Russian
Federation :
are convicted under the criminal code of
the State in which the act was committed
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convicted under the Criminal Code of the
Russian Federation in the case when the
crime was directed against Russia

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3. The operation of the criminal law in space
Any country that has signed the relevant convention has the right to bring an
international terrorist to court, wherever he has committed a crime.
Extradition
Extradition of a criminal under an agreement,
a special agreement between the countries
The guilty person is not extradited to a country where he may face the death penalty
Citizens of the Russian Federation who have committed a crime on the territory of a foreign state
are not subject to extradition to this state (their cases are considered in the Russian Federation)
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13.

Sources of criminal law
Orders Gen. The
prosecutor
Government
resolutions
Presidential decrees
Fderal
Internati
onal acts
act
The
Constitution
of the
Russian
Federation.
Сriminal law of the
Russian Federation
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14.

History of the criminal law of the Russian
Federation
The history of Russian criminal law is inextricably linked with the history of society.
The periodization of Russian criminal legislation is determined by the main milestones
of its formation and development, which in turn are conditioned by socio-economic,
political factors of the development of the Russian state and society.
Stages of development of the Russian criminal law
The Russian
Truth of
Yaroslav the
Wise
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Sudebnik
1497 and
1550
The Laws of
Peter I
Criminal Code
1903
Criminal laws
of the RSFSR
Criminal Code
of the Russian
Federation
1996