Voluntary renunciation of a crime: its criminological significance and place within the system of criminal legislation
Authors:
1.
Saint Petersburg University of the Ministry Internal Affairs of Russian Federation
graduate student from 01.01.2023 until now
St. Petersburg, Russian Federation
graduate student from 01.01.2023 until now
St. Petersburg, Russian Federation
Type:
Article
Pages:
from 59
to 65
Status:
Published
Received:
25.08.2025
Accepted:
11.10.2025
Published:
22.12.2025
Language:
Russian
Keywords:
Voluntary renunciation of a crime, preparation for a crime, criminal attempt, grounds for exemption from criminal liability, active repentance, objectives of criminal legislation, criminal law.
Abstract (English):
Introduction. The institution of voluntary renunciation of a crime (Article 31 of the Criminal Code of the Russian Federation) occupies a special place in the criminal legislation system. It is enshrined in Chapter 6 of the Criminal Code of the Russian Federation «Unfinished Crime». However, in the theory of criminal law, there are still ongoing debates regarding the legal nature of voluntary renunciation of a crime. This circumstance contributes to the formation of various approaches to the implementation of this institution in law enforcement practice [1], and also hinders the full disclosure of its potential in the context of solving the problems of criminal legislation. Methods. The methodological basis of the study, the results of which are presented in this article, consisted of the dialectical method of cognition of the surrounding reality, general scientific methods (analysis and synthesis), specific scientific methods (generalizations and analogies), methods of description and logical understanding. Results. It is substantiated that voluntary renunciation of a crime is a norm that does not exclude criminal liability, but stimulates the cessation of criminal activity of a person at the initial stages of criminal activity. It has been determined that socially beneficial behavior and a focus on solving criminal law problems emphasize the unified legal nature of voluntary renunciation of a crime and active repentance. It is proposed to consider the possibility of recognizing voluntary renunciation of a crime as grounds for exemption from criminal liability and legislatively enshrining the corresponding provision in Chapter 11 of the Criminal Code of the Russian Federation.
Introduction. The institution of voluntary renunciation of a crime (Article 31 of the Criminal Code of the Russian Federation) occupies a special place in the criminal legislation system. It is enshrined in Chapter 6 of the Criminal Code of the Russian Federation «Unfinished Crime». However, in the theory of criminal law, there are still ongoing debates regarding the legal nature of voluntary renunciation of a crime. This circumstance contributes to the formation of various approaches to the implementation of this institution in law enforcement practice [1], and also hinders the full disclosure of its potential in the context of solving the problems of criminal legislation. Methods. The methodological basis of the study, the results of which are presented in this article, consisted of the dialectical method of cognition of the surrounding reality, general scientific methods (analysis and synthesis), specific scientific methods (generalizations and analogies), methods of description and logical understanding. Results. It is substantiated that voluntary renunciation of a crime is a norm that does not exclude criminal liability, but stimulates the cessation of criminal activity of a person at the initial stages of criminal activity. It has been determined that socially beneficial behavior and a focus on solving criminal law problems emphasize the unified legal nature of voluntary renunciation of a crime and active repentance. It is proposed to consider the possibility of recognizing voluntary renunciation of a crime as grounds for exemption from criminal liability and legislatively enshrining the corresponding provision in Chapter 11 of the Criminal Code of the Russian Federation.
Keywords:
Voluntary renunciation of a crime, preparation for a crime, criminal attempt, grounds for exemption from criminal liability, active repentance, objectives of criminal legislation, criminal law.
Voluntary renunciation of a crime, preparation for a crime, criminal attempt, grounds for exemption from criminal liability, active repentance, objectives of criminal legislation, criminal law.
